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Business Disputes
Business Disputes

We recognize that disputes, although preferably avoided, are still a part of doing business. Our goal is to identify material issues in any dispute, as soon as possible, and help guide our clients to the best resolution, in the most cost-effective way.

 

We appear at every level of court in the Atlantic Provinces, Federal Court and the Supreme Court of Canada. As well, we regularly appear at all levels of administrative and regulatory tribunals, and in arbitrations and mediations  in Atlantic Canada, nationally and internationally. We regularly act as counsel, or as arbitrators and mediators.

 

Our strength is our experience handling highly specialized and/or complex matters, including:

 

  • Appellate Advocacy
  • Arbitrations (domestic and international)
  • Class Action Litigation
  • Competition Claims
  • Constitutional and Charter of Rights Claims
  • Contractual Disputes and Commercial Litigation
  • Corporate Governance and Shareholder Disputes
  • Defamation, Libel and Slander
  • Environmental Litigation
  • Estate Litigation
  • Franchise Litigation
  • Intellectual Property Claims
  • IT/Computer Litigation
  • Pension Litigation
  • Product Liability Claims
  • Professional Negligence Claims
  • Securities Litigation
  • Shareholder Disputes and Issues
  • Tax Litigation

 

Legal Alert: Thou Shalt Not Lie – SCC Recognizes New Duty of Honesty in Contract Law in Bhasin v. Hrynew
November 14, 2014

On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the following:   Principle of good faith.  There is a general overarching principle of good faith performance within contract law that requires each contracting party to have “appropriate regard” for the other party’s legitimate contractual

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Legal Update: NS Proposes New Limitation of Actions Act – The 3 Top Benefits & The 10 Key Changes
November  3, 2014

On October 29, 2014, the NS Government introduced Bill 64. When passed into law, Bill 64 will replace the current NS Limitation of Actions Act – the legislation that determines the limitation period (time limit) in which a lawsuit must be started in relation to an NS claim – and significantly change the landscape for

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Legal Alert: SCC Protects Right to Use Settlement Discussions to Prove Settlement Agreement
May  9, 2014

On May 8, 2014 the Supreme Court of Canada reaffirmed the importance of protecting settlement discussions – and of a party’s ability to prove the existence of a settlement agreement or its terms.   Union Carbide Canada Inc. and Dow Chemical Canada Inc. v. Bombardier Inc. was a multi-million dollar dispute. The parties agreed to

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Legal Alert: SCC Clarifies What Benefits are Deductible from Pay In Lieu of Reasonable Notice – and Pension Benefits Are Not One
December 17, 2013

On December 13, 2013 the Supreme Court of Canada decided pension benefits, regardless of the type of pension plan, are not deductible from damages for wrongful dismissal.   Mr. Waterman was almost 66 years old and had worked for IBM for 42 years. IBM terminated his employment without cause and gave him 2 months’ of

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Legal Alert: SCC Says Class Action the Way to Go for Investors’ Claim Against Mutual Fund Managers
December 12, 2013

On December 12, 2013 the Supreme Court of Canada reaffirmed the role of class actions in facilitating access to justice when it certified a class action brought on behalf of a large group of investors against mutual fund managers.     In AIC Limited v. Fischer, the SCC decided a class action was “the preferable

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Legal Alert: SCC Opens the Door to Compound Interest – and Bigger Awards – in Commercial Arbitrations
October  7, 2013

On October 4, 2013 the Supreme Court of Canada decided whether an arbitrator under provincial commercial arbitration legislation has the power to award commercial rates of compound – rather than merely simple – interest.  In British Columbia (Forests) v. Teal Cedar Products Ltd., the SCC found that an arbitrator acting under the BC commercial arbitration

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Legal Update: “Distinct and Memorable” Notice Required to Lien Owner’s Interest for Tenant’s Leasehold Improvements in NB
September  3, 2013

In July 2013, the NB Court of Queen’s Bench delivered only the second reported decision dealing with the notice required under section 12 of the NB Mechanics’ Lien Act to lien the owner’s interest for a tenant’s leasehold improvements:    Statutory Notice Requirement. A contractor seeking to lien an owner’s interest for tenant’s leasehold improvements

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Legal Alert: SCC Decision Encourages Settlement of Contentious, Multi-Party Litigation
June 21, 2013

On June 21, 2013, the Supreme Court of Canada confirmed that when one of multiple defendants settles an action by entering into a Pierringer Agreement, settlement privilege protects settlement negotiations – including the settlement amount – from disclosure unless the a competing public interest outweighs the public interest in encouraging settlement:   Pierrenger Agreements.  A

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NB’s New Limitation Periods Effective May 1, 2012
April 27, 2012

Effective May 1, 2012, New Brunswick’s new limitation of actions legislation will take full effect, with a significant impact on any parties engaged in litigation in New Brunswick.   Parties with existing or potential claims should review the changes under the new legislation and deal with any affected claims – both those you may have

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Atlantic Canadian Assessment Law
June  6, 2011

This is the second of three articles about general assessment principles in Canada and the four Atlantic Provinces. As explained in the first article, the two key concepts in Canadian Assessment Law are: (1) market value and (2) equity/uniformity. All four Atlantic Provinces have assessment regimes which are based upon the market value of real

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McInnes Cooper’s Michelle Awad, QC recognized by Benchmark Canada as one of the Top 25 Women in Canadian Litigation 2014
July 24, 2014

On July 18, 2014, McInnes Cooper Partner Michelle Awad, QC was recognized by Benchmark Canada as one of Canada’s top 25 women litigators in Benchmark’s inaugural Top 25 Women in Canadian Litigation list. Benchmark determined the winners of this honor through its research process for the 2014 edition of Benchmark Canada, which extended from October 2013 to January 2014.

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