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Litigation and Dispute Resolution


There’s no disputing our expertise in litigation.
We are adept at handling complex cases for the world’s leading businesses. Our seasoned litigators get results - both in and out of the courtroom.
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Overview

We develop and execute a litigation strategy that helps you achieve your business objectives, allowing you to focus on your core business activities.

Fasken is recognized as having one of the leading litigation teams in Canada. Our litigators have won major trials and appeals for large multi-national companies in a diverse range of industries, including mining, technology, finance, communications, aviation, health, energy, and life sciences. Our lawyers are ranked top in their field by several publications, including Chambers Global, Benchmark Litigation and Best Lawyers.

With over 150 lawyers, we provide depth of skill and expertise in all types of litigation, including commercial, class action, product liability, white collar crime, construction, arbitration, and defamation. Our experience allows us to anticipate issues before they arise and proactively assess and manage litigation risk.

Our clients’ cases have lasting impacts. Watch our video to see some of the cases in which we executed successful strategies to achieve our clients’ business goals

Fasken is regularly retained in interprovincial and cross-border matters. We have offices on three continents and have trusted relationships with other law firms across the world. Our team is qualified in both common law and civil law; many of us are bilingual, and among us we speak many languages. We provide seamless representation in multiple provinces - an offering that differentiates us from others. You can learn more about our strong presence in the U.S. by visiting our U.S. market Litigation page

Our Litigation and Dispute Resolution team responds to conflicts with a custom and practical approach. When it matters most – we deliver.

Browse our recent work, or contact any of our lawyers to discuss how we can help.  

Areas of Expertise

  • Alternative Dispute Resolution, Fasken is recognized as having one of the leading ADR teams in Canada. Our team members have experience advocating for clients in disputes administered by all of the major domestic and international arbitral institutions and advising on ad hoc arbitration and mediation processes.
  • Class Actions, Our underlying objective is to bring the simplest possible case to court. To do this, we use our pre-existing knowledge of class action rules and procedures, and acquire the knowledge of the facts that puts us in control of the issues.
  • Commercial Litigation, At Fasken, we believe that effective advocacy begins and ends with listening to our clients and achieving their objectives.
  • Construction Litigation, Our litigation lawyers have a thorough knowledge of Canadian construction practices and processes. Many of our lawyers have engineering and mining experience, which gives them an understanding and ability that goes beyond the law.
  • Critical Situations, Fasken’s Integrated Critical Situations Team is a multi-disciplinary group of highly motivated practitioners with proven experience and a national and transnational profile in securities law, corporate governance and all forms of capital markets litigation.
  • Defamation & Media, Fasken is recognized for our work in landmark defamation cases, including several heard by the Supreme Court of Canada that further defined the rights of mass media and continue to influence government policy.
  • International Arbitration, We offer cost-effective services and sophisticated international arbitration expertise, backed by the bench-strength of our litigation group.
  • Product Liability, Our lawyers work with manufacturers around the world to identify and mitigate business and legal risk in Canada and elsewhere. We make it our business to understand your industry, your business, and the particular commercial, regulatory, insurance and litigation risks you face. We can help you manufacture and sell your products in Canada and around the world safely, predictably and profitably. Through our expertise in crisis management, recalls and regulatory compliance, we can guide you through times of uncertainty. Where litigation arises, our litigators are skilled and experienced in providing robust and strategic defences to manufacturers and their insurers in a broad range of disputes including product liability, mass tort, commercial and class action claims.
  • Securities Litigation, No matter how experienced your organization’s leadership, the turbulent economy, increasingly competitive marketplace and frequent regulatory changes can impact your ability to function efficiently and effectively.
  • White Collar Defence and Investigations, Our team is known for the depth of its practice, its expertise in high profile and delicate matters, and its experience in court.
  • Wills, Trusts & Estate Litigation, We resolve litigation about wills, trusts and other estate and incapacity planning instruments through negotiation, mediation and arbitration.

Achievements

Team

Primary Contacts
  • Laura F. Cooper, Partner | LEADER, LITIGATION AND DISPUTE RESOLUTION, Toronto, ON, +1 416 865 5471, lcooper@fasken.com
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, esimard@fasken.com
  • Jonathan Lim, Partner | Co-Leader, Litigation and Dispute Resolution, Vancouver, BC, +1 604 631 4823, jlim@fasken.com
  • Rakhee Bhoora, Partner, Johannesburg, +27 11 586 6076, rbhoora@fasken.com
  • Karen Wyke, Partner, Calgary, AB, +1 403 261 5357, kwyke@fasken.com
  • Peter N. Mantas, Partner, Ottawa, ON | London, +1 613 696 6886, pmantas@fasken.com

Client Work

  • Ford v New Democrats of Canada Association, 2024 ABCA 395, [Case - New Democrats of Canada Association], Alberta Court of Appeal finds New Democrats of Canada Association wrongfully named in defamation lawsuit.
  • Hudbay Minerals Inc. defends against claims of negligence in the context of alleged sexual assaults in the location of a foreign subsidiary, [Case - Hudbay Minerals Inc.], Canadian mining company defends against negligence claims relating to alleged human rights abuses in Guatemala.
  • Hudbay Minerals Inc. and its foreign subsidiary defend against claims alleging negligence and serious human rights violations in Guatemala, [Case - Hudbay Minerals Inc., Compañía Guatemalteca de Níquel S.A. and HMI Nickel Inc.], Canadian mining company defends against negligence claims for alleged human rights violations by its foreign subsidiary’s security personnel in Guatemala.
  • Flumen Energy wins before the Québec Régie de l’énergie regarding a major project in Matane, [Case - Flumen Energy Inc.], Represented Flumen Energy in a dispute with Hydro-Québec.
  • FortisBC Inc. application for a CPCN for the Fruitvale Substation Project, [Case - FortisBC Inc.], FortisBC Inc. receives approval of Fruitvale Substation Project
  • Phaneuf v 0896459 B.C. Ltd., [Case - Norman Phaneuf and Bradley Phaneuf], Court dismisses counterclaim; trial set for rectification of share rights and restrictions.
  • Rome Resources Plc completes acquisition of Rome Resources Ltd, an associated private placing and re-admission to AIM, [Deal - Rome Resources Plc (formerly Pathfinder Minerals Plc)], Reverse takeover in the mining sector.
  • Gatos Silver, Inc. resolves securities class action regarding its dual initial public offering, [Case - Gatos Silver, Inc.], Silver mining company defends securities class action.
  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.

Knowledge

  • Grounds for Appealability: Evolution of Appeal Grounds in Landmark Cases, 12/13/2024
  • Cormark Securities (Re): the Ontario Capital Markets Tribunal Gives New and Noteworthy Guidance to Sophisticated Public Market Investors and Investment Dealers, 12/12/2024
  • Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #1 - Using Model Arbitration Clauses and “Administered” Arbitrations, 12/10/2024

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