Litigation

Companies facing lawsuits need the help of legal experts trained in all aspects of commercial litigation, from contract disputes to defamation. Cassels has recognized expertise in resolving complex legal problems quickly and cost effectively.

Our commercial litigators represent clients at all levels of federal and provincial court including the Ontario Court of Appeal and Supreme Court of Canada. Our clients span numerous economic sectors, including educational institutions, financial institutions, government, individuals, insurance companies, manufacturers, retailers, brokerages and franchisors.

Our expertise encompasses all types of commercial litigation, and we pride ourselves on developing inventive and efficient means of resolving our clients’ unique problems. We represent our clients’ interests in matters such as:

  • Contract issues, including enforcement and interpretation
  • Negligence actions
  • Defence of class-action suits
  • Bankruptcy and insolvency litigation
  • Intellectual property actions relating to trademarks, copyright, patents and confidential information
  • Shareholders disputes
  • Aboriginal law
  • Administrative law matters
  • Real estate litigation, including mortgage enforcement actions
  • Defamation actions
  • Securities regulatory and litigation matters
  • Franchise litigation
  • Tax litigation
  • e-Discovery and information governance concerns

Our commercial litigation lawyers have been involved in many prominent and unique cases including:

  • Successfully represented an emerging junior oil & gas company in a $16 million judgment against an investment banking firm for an incomplete bought deal.
  • Winning the dismissal of an appeal by a commercial landlord on behalf of one of Canada’s largest coffee and baked goods chains and its franchisee
  • Winning the dismissal of a motion to certify a class action against a university
  • Fending off a shareholder rights action in connection with a merger and acquisition involving a large public company
  • Participating in the negotiation of the settlement of the Indian Residential School class action. Estimated to be worth over $3 billion, it is one of the largest class action settlements in Canadian history
  • Defending a major Canadian actuarial firm in an action alleging the negligent actuarial evaluation of a professional liability insurance program
  • Acting for a widow and the estate of her late husband in extinguishing a debt and a collateral mortgage under a line of credit issued by a financial institution, as a result of the financial institution’s improper handling of a line of credit and the life insurance relating to it
  • Obtaining an injunction on behalf of a university that prevented an employee who had defrauded the university from disposing of assets pending a trial of the action
  • Successfully prosecuting an application brought on behalf of the client, a significant preference shareholder in an Ontario corporation, and obtaining a $1.8 million judgment in the client’s favour

e-Discovery

Leading E-dge™ is a suite of services provided by the e-Discovery and Information Governance team at Cassels to address the legal and operational needs of all organizations seeking to address their approach to information in a way that properly reflects current technological and legal requirements while controlling cost. Our goal is to help you develop the right processes and practices, and combine these with the best technology available, to cost-effectively transform data into knowledge you can use to your advantage in legal proceedings.

Discovery is no longer about collecting paper in boxes

In 2010, rules that outlined certain obligations regarding electronic information in the discovery process were introduced. Since then, case law has made it clear that — when faced with litigation or regulatory matters — a real need exists for a deeper understanding of complex and evolving e-Discovery obligations.

At the same time, we recognize that our clients are looking for predictability and control over ever-escalating litigation costs, the largest portion of which is attributable to the discovery process.

We’ve responded by mobilizing our Leading E-dge Discovery™ team and its resources to enhance our ability to control costs associated with discovery and improve our clients’ ability to navigate the discovery process effectively — ensuring that matters are dealt with in a manner that is both strategically optimal and satisfies all legal obligations.

From the identification of electronic evidence through to preservation, processing, analysis, review and production, Cassels has the leading-edge technology and proven processes necessary to manage e-Discovery and document review projects from start to finish — on time and on budget — regardless of the volume or complexity involved.

We provide legal and technical advice on the application of appropriate technology; compliance issues; discovery readiness; and document reviews using advanced data analytics, artificial intelligence and innovative techniques like predictive coding/technology assisted review.

Leverage our expertise to maximize efficiency and minimize cost

In today’s world, our most important information is contained in emails and documents stored on servers and other devices. An understanding of the best practices and technological tools needed to deal with these records when problems occur is required; however, due in part to the sheer volume of electronic documents that are stored and shared, even the most basic document reviews can be both time consuming and costly. Developing the proper framework to deal effectively with e-Discovery obligations can seem overwhelming, while acquiring the necessary resources may be cost prohibitive.

Cassels now offers our expertise to in-house counsel, providing advice on tools, policies and procedures through our Best Practice Guidelines. These guidelines have been developed based on our extensive practical experience with the most current standards, legislation, case law and technologies available. We provide support and guidance on best practices regarding e-Discovery, software selection and technology strategies as well as counseling and training to save you time, money and frustration.

Information Governance

Information governance (IG) is a means to define and manage how information is controlled, accessed and used in an organization to minimize legal and compliance risks and improve business efficiencies. It is also emerging as a means by which organizations can control e-Discovery costs and address data security concerns.

Litigation Readiness. In the face of litigation or regulatory investigation, organizations with information that is not properly organized spend considerable time and money attempting to satisfy their discovery obligations and face increased risk of court sanctions for failing to discharge them. Proactive development of IG strategies means a significant time and cost savings should litigation be commenced or data breaches occur.

Enterprise Efficiency. However, even organizations that do not face litigation can benefit greatly from proper IG protocols. Ensuring employees can quickly and easily locate the files and records they need saves time and money, increases productivity, and ensures the protection of private, privileged and proprietary data.

From advice on records management to assistance with internal audits for compliance, Cassels takes a progressive approach to assist our clients — across a broad range of industries — with the development, implementation and streamlining of their IG strategies to safeguard confidential information, facilitate compliance with privacy laws and ensure litigation readiness.

Cassels assists organizations of all sizes in the development of a proper and practical IG framework including policies, procedures and templates.

Our services include:

  • Program assessment
  • Information organization
  • Records & risk management
  • Policy development regarding the retention and management of email instant messaging and social media
  • Assistance with legal hold and preservation obligations
  • Building defensible information governance systems
  • Data privacy and protection strategies
  • Data remediation
  • Counselling, training and support

Our Team

Our interdisciplinary team approach brings together experienced litigation and information practitioners, with the very best e-Discovery, records management and IT professionals, project managers and third-party vendors. We are proud to have assembled an e-Discovery and Information Governance team dedicated to bringing their legal acumen, technological expertise and demonstrated strength in project management — along with the highest quality client service — to each of our mandates.