Expertise in all areas of civil litigation

Civil Litigation

Clients rely on our professional, innovative and dedicated approach in handling their most important issues, knowing that our lawyers have litigated hundreds of cases, have appeared at every level of court, including the Supreme Court of Canada, and will advance their case with force and authority. In addition, our lawyers have developed strong ties with expert witnesses, computer forensic experts, law enforcement agencies, bailiffs and top investigative firms to provide our clients with every advantage well before the first day of Court even begins.

Many of our lawyers are devoted solely to litigation and have a reputation for pre-trial, trial and appellate court excellence.

Our firm specializes in providing our clients with the best strategic legal advice and the best representation and advocacy in Court. An effective litigation strategy starts from day one, and considers not only the facts, legal issues and arguments, but also the best use of pre-trial motions, discoveries and resolution strategies. Being a litigation boutique, we are able to mobilize our collective know-how to rapidly, efficiently and effectively customize a litigation strategy for each of our clients. We help our clients develop arguments, foresee issues, negotiate the applicable Court Rules and procedures, and execute carefully considered, effective strategies from the start, in order to provide them with every advantage in the litigation.

Our clients value us especially for our clarity, strategic thinking, commitment and extensive courtroom experience and skills.

Within the legal community, our lawyers are frequently asked to comment on the law or on their own involvement in high profile cases. Many of our lawyers are also frequently asked to teach litigation skills both at Universities and at ongoing legal education programs for lawyers.

Whatever the type of representation required, we invest the personal time and attention required to develop a winning strategy, focused on optimal, cost effective results.

Civil Appeals

Our lawyers have appeared before the Court of Appeal on many occasions and have been at the forefront of precedent-setting civil cases. Our range of services include acting for appellants and respondents in appeals, references and judicial reviews, acting for interveners and acting for applicants and respondents in leave applications (including to the Supreme Court of Canada).

Arbitration (and mediation)

When a dispute is amenable to resolution by an independent third party, or subject to an arbitration clause, we are able to propose the services of experienced arbitrators. Our lawyers have extensive experience in conducting arbitration hearings, as well as in bringing applications to enforce arbitration clauses that form part of contracts or other written agreements. Engage an arbitrator often facilitates the rapid hearing and resolution of a dispute by avoiding the delays associated with waiting for a trial.

In most cases, our lawyers will propose the services of experienced mediators. The mediation process consists of attendances with a mediator for the purpose of settling the dispute through an assisted negotiation.

Bankruptcy and insolvency litigation

Businesses, individuals and trustees regularly seek our services in bankruptcy and insolvency matters. We have experience in creditors' and debtors' rights, receiverships, bankruptcies, enforcement in secured transactions and other areas of insolvency litigation. In addition, we act for all parties in bankruptcy disputes pursuant to the Bankruptcy and Insolvency Act, including creditors, debtors, and trustees. We are pleased to provide our clients with strategic advice in this complex area of the law and have argued bankruptcy and insolvency issues both before the Ontario Superior Court (Commercial List) and the Ontario Court of Appeal.

Class-action suits

We generally act for the defence in class action law suits, including on commercial and regulatory disputes.

Commercial Litigation

We are one of the few Canadian law firms composed of lawyers experienced in civil and criminal law, before federal and provincial Courts, and before most regulatory and administrative tribunals. As such, we are uniquely positioned to successfully manage cases dealing with all aspects of corporate and commercial activities, including contractual disputes, shareholders' disputes, fraud, class actions, securities, banking, insolvency, regulatory proceedings and criminal or quasi-criminal charges.

Contempt of Court

Contempt of court proceedings arise where parties are in breach of a Court Order. A finding of contempt of Court can result in penalties ranging from fines to jail sentences. Our lawyers have extensive experience handling every aspect of contempt of court proceedings, and have argued contempt of court issues before the Superior Court and the Court of Appeal.

Contract law, including enforcement and interpretation

Our lawyers are experienced in dealing with all elements of contractual disputes. We are frequently called upon to assist with the interpretation and enforcement of our clients' contracts and to pursue orders for monetary damages. Besides monetary awards, we also discuss alternative equitable remedies that may be available to our clients, including specific performance and extra-ordinary civil remedies such as injunctions and freezing orders.

Corporate Compliance

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

Defamation (libel and slander) actions

We have successfully acted for both corporations and individuals involved in slander or defamation lawsuits, including where the defamation is published electronically over the internet, through mediums such as Google, Facebook and other similar outlets.

Fraud litigation

We have extensive experience in successfully handling all manner of fraud claims, including those involving assignments, preferences, and fraudulent conveyances. Clients have often relied on our deep knowledge in pursuing extra-ordinary civil remedies, including Anton Piller orders (civil search and seizures), Mareva orders (freezing assets) and injunctions, to formulate an effective anti-fraud strategy. We have successfully assisted numerous clients in developing an effective strategy to prevent and/or recover damages for numerous types of fraud, including employee fraud, ponzi scheme fraud, investment fraud, cheque fraud, secret commission fraud and counterfeit fraud.

Intellectual property actions relating to trade-marks, copyright, patents and confidential information

We have successfully helped our clients with their intellectual property ("IP") issues, whether they relate to copyrights, trade-marks, patents or confidential/proprietary business information.

Our firm is most frequently consulted by rightsholders seeking to develop a holistic anti-counterfeiting or anti-piracy strategy to protect against the unauthorized infringement of their protected works. We advise on how best to protect copyrighted material, trade secrets and confidential information and, where necessary, we take enforcement measures including claims for damages, injunctions and, where appropriate, we even initiate criminal sanctions.

Injunctions, Freezing Orders and other extra-ordinary civil remedies

At Brauti Thorning Zibarras LLP, we have developed a particular expertise in handling urgent, extra-ordinary civil remedies, including Anton Piller orders (civil search and seizure), Mareva injunctions (account and asset freezing orders) and Certificates of Pending Litigation.

Our experience in handling these specialized remedies is extensive These extra-ordinary remedies are particularly well suited to securing effective, quick and often decisive results in our clients' fraud, anti-piracy and contractual disputes. We tailor our strategy to utilize the most efficient Court process available for each individual matter, which allows us to move towards as quick a resolution as possible on behalf of our client.

As a firm, we also have extensive experience acting as court appointed Independent Supervising Solicitors ("ISS") for the execution of Anton Piller orders.

Negligence actions

We are often called upon to act for clients in lawsuits claiming damages for negligence of accountants, lawyers, engineers, financial advisors and other professionals.

Professional and Fiduciary Liability

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

Real estate litigation

We handle all types of real estate litigation, be it residential, commercial or industrial in nature, including mortgage enforcement actions and expropriation proceedings. We also act for a number of condominium corporations to ensure that they can operate smoothly and that the corporation's interests are protected.

Securities and Shareholder Remedies

We regularly act for clients in all matters relating to shareholder rights and remedies.

Tax litigation

We assist businesses with their significant tax disputes with governments across Canada.