Litigation

We recognize that for many individuals, litigation is costly, stressful, and unpredictable. We do our best to explore the options available and explain them to you. Ultimately, we want you to make an informed decision regarding how to pursue your case.

Every decision should be made based upon an analysis of the costs and benefits. We will advise you of these so that you can decide how you want to proceed. After all, it is rarely worth spending $25,000 to get $5,000.

In some cases, it will be strategic to bring a claim in the civil courts, whereas in others, a claim before a tribunal like the Human Rights Tribunal will be more appropriate. Even within the civil courts, there are various options. For example, Summary Judgment can be used to move your case forward quickly and keep the pressure on the other side, so that they cannot simply delay and hope that you will give up.

In Canada, the vast majority of disputes settle before trial or hearing, but we will ensure that you are ready if trial or hearing is necessary. In so doing, will also put you in the best position to achieve a good settlement. As we move forward, we are constantly assessing how any step we take will impact your position in the event we do end up in litigation.

You may decide that you do not want to litigate, but want to pursue the best possible resolution without litigation. As long as we understand your goals, we will work toward achieving the best possible result for you.

There is an old expression that the best way to achieve peace is to prepare for war. In the legal context, the best way to achieve a resolution is to prepare for trial. In Canada, the vast majority of disputes settled before trial or hearing, but we will ensure that you are ready if trial or hearing is necessary. In so doing, will also put you in the best position to achieve a good settlement.

Our Litigation Experience

Our team is committed to having our clients achieve the best result 
possible, whether that is through negotiation or litigation. We have experience representing clients in the civil courts, before Human Rights Tribunals, before employment standards tribunals, and at mediation. This includes bringing injunctions on the part of our clients
 where appropriate.

Stuart commenced his career in the litigation department of a national law firm, and carried on litigation in a variety of contexts, including employment law. In 2008, he appeared at the Supreme Court of Canada in the landmark employment law case of Keays v. Honda Canada Inc., which was described as “one of the most anticipated wrongful dismissal cases of the decade” by the National Post.

In the Honda case, Stuart was retained by the Human Resources Professionals Association in order to seek leave on their part to have status as an Intervener and, after successfully doing so, Stuart made written submissions and oral argument before the highest court in the land. Ultimately, the Supreme Court adopted most of his submissions.

When it comes to representing our clients, we are zealous advocates. At the same time, we will give you an honest opinion of the strengths and weaknesses of your position, and we will help you to balance the costs and benefits at each step of the way, so that we can pursue a strategy that effectively meets your goals.