Our Commercial Litigation Group

Our Commercial Litigation Group is committed to helping clients prevent or resolve conflicts in a timely and effective manner, while minimizing expenses and disruptions.

The Group is composed of bilingual and versatile litigators, experienced in the civil and criminal courts, federal and provincial, as well as the Supreme Court of Canada and most regulatory and administrative tribunals.  We have successfully managed cases dealing with all aspects of corporate and commercial activities, including shareholders' disputes, fraud, class actions, securities, banking, competition law and insolvency.

The Group's advocacy services are also regularly retained to make representations before governmental and parliamentary bodies and to formulate legislative and regulatory proposals and policies.

We regularly handle complex multi-party litigation and work effectively with counsel representing other parties with similar interests or having companion litigation in other jurisdictions.  Our information systems are designed to process large volumes of documents efficiently.  We also ensure effective and timely communication and reporting among the various counsel and client representatives involved when dealing with the media.

We have also developed exceptional litigation support services, both in terms of human resources and technological support.  We take full advantage of on-line research facilities, use CD-ROMs as cost-effective research tools for U.S. and other international jurisprudence, take advantage of the firm precedent data bases and the Internet.

We are widely recognized as one of Canada's leading commercial litigation firms.

We provide the most effective application of current technologies to the practice of law available in Canada.  Where appropriate, we will recommend use of advanced imaging applications and coding in order to efficiently prepare for document intensive cases.  Use of law clerks and articling students further assists in the provision of quality, cost-effective document management and litigation support.

Our Approach

• We are committed to taking a practical, business oriented approach.  Most litigious situations can be solved through effective strategic planning and timely implementation.
• Whatever area of law, industry, type of litigation or representations required, we focus at the outset on understanding the strategic objectives of our clients and on understanding their business and industry.  The collective know-how of the Group is then mobilized to respond rapidly, efficiently and effectively to our clients’ needs.  An initial risk assessment is conducted in order to elaborate a winning strategy focused on costs and optimal results.  We also offer transactional advice to minimize post-closing litigation risks.
• Our responsiveness to client needs and our ability to develop and implement innovative solutions is particularly well suited to urgent remedies such as injunctions and seizures before judgment.  Clients value our strategic thinking and our commitment to excellence and teamwork.
• We will recommend arbitration or mediation if it better suits the needs and interests of our clients.  Many of our lawyers are experienced in the field of alternative dispute resolution as advisors, advocates, mediators or arbitrators.

Our Services

Our litigation and advocacy services include the following:

Commercial and Real Estate

• We advise and represent, on a regular basis, clients in contractual disputes, debtor-creditor relations, distribution and franchising agreements, banking, loss of profit, unfair competition, manufacturers' liability, insurance, bills of exchange, financing, hypothecary recourses, commercial leases, expropriations, assessments and other related real estate matters.

Securities and Shareholder Remedies

• We handle a variety of issues related to take over bids and to issuers’, directors’, officers’ and securities brokers’ liability, whether in regulatory, disciplinary or civil proceedings.  We also regularly act for clients in all matters relating to shareholder rights and remedies.

Commercial Fraud

• We assist clients in devising and implementing prompt and effective recovery strategies related to theft, cheque fraud and forgery, credit and merchant fraud, international money tracing, bank theft, telemarketing fraud, secret commissions and other fraudulent schemes.

Corporate Compliance

• We help clients deal with issues arising from corporate non-compliance situations.  We also assist clients in designing and implementing effective corporate compliance programs for their businesses.

Competition Law and Unfair Competition

• We have a wide and proven expertise in competition law matters.  Our advice is regularly sought by businesses, professional associations, the Commissioner of Competition and other law firms.  We have acted on numerous occasions before the Competition Bureau, the Competition Tribunal, federal and provincial courts with respect to reviewable matters, pricing practices, mergers, search warrants, preliminary inquiries and jury and non-jury trials arising under the Competition Act.

Professional and Fiduciary Liability

• We are often called upon to handle liability issues relating to bankers, accountants, auditors, notaries, directors, officers, brokers, stockbrokers and portfolio managers.  We also regularly represent a variety of professionals before their regulatory and disciplinary bodies.

Bankruptcy and Insolvency

• Financial institutions, businesses and trustees regularly seek our services in restructuring, liquidation and insolvency matters, whether local or national.  We have been involved in a number of complex corporate reorganizations across Canada.

Class Actions

• With experience gained in representing our clients in more than 100 class actions commenced across Canada, our Class Action Group is a leader in defence of Class Action claims.  BLG’s Class Action Group provides sophisticated, bilingual class action advice and representation on a seamless national basis through our six offices across Canada.  By combining our strengths in substantive areas of litigation and our experience with the complex procedural aspects of class actions, we bring to bear innovative approaches and considerable resources to address our clients’ needs. For most potential defendants, class action defence isn’t primarily about the law.  Class actions raise concerns about cost, reputational risk, customer and employee relations, diversion of management time, effective and efficient responses, as well as public relations.  We understand these concerns.  The BLG difference is a client-centred response: the best legal talent, combined with the greatest understanding of our clients’ priorities.

Banking Law

• We have extensive experience in bank related litigation, including lender liability, debtors’ and creditors’ rights, security enforcement and bills of exchange.

Constitutional Law

• Members of our Group have acted before provincial and federal courts at the trial and appellate levels in significant Charter of Rights cases dealing with freedom of expression, language rights, investigative powers and due process rights.

Legislation and Government Relations

• We participate in the drafting of laws, regulations, policies and guidelines on behalf of governments and associations.  We are also consulted by businesses, government agencies and professional associations in the drafting of position papers and in making representations before parliamentary commissions and government agencies, as well as in obtaining regulatory approvals for our clients.

Defamation, Trade Libel and Media Law

• We advise and represent both corporations and individuals regarding defamation and trade libel in traditional media and on the Internet.  We also act on behalf of local and foreign television broadcasting corporations before the courts and regulatory authorities.

Mediation and Arbitration

• When parties seek to avoid inconveniences related to judicial proceedings, but wish to have a third party resolve issues that are at the heart of a dispute or conflict, we propose the services of experienced arbitrators.  Rather than waiting months or even years for a trial, the parties may rapidly obtain a hearing and a result.
• In certain circumstances, the opposing parties may wish to resolve their dispute but find themselves unable to do so.  In such cases, we propose the services of experienced mediators.  The mediation process consists of meetings with the mediator for the purpose of settling the dispute through an assisted negotiation.