WWW.LEXPERT.CA
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2016
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LEXPERT 11
Chadwick, Robert J. Goodmans LLP
(416) 597-4285 rchadwick@goodmans.ca
Mr. Chadwick focuses on corporate, banking, private equity, insolvency,
reorganizations and related litigation and M&A on national, cross-border and
international matters. Represents a diverse client group including debtors,
monitors, noteholders, industry regulators, governments, private equity firms,
lenders and investor committees in major restructurings across Canada's
major industry sectors.
Cavanagh, J. Stephen Cavanagh Williams LLP
(613) 780-2000 scavanagh@cavanagh.ca
Mr. Cavanagh's practice focuses on professional liability, insurance
and commercial litigation. He has extensive experience in advising both
insurers and insureds about coverage issues and has had a number of report-
ed cases in that field. He has also acted as a mediator and as an arbitrator
in various types of civil disputes, principally in the areas of insurance
and commercial law.
Casey, J. Brian Bay Street Chambers
(416) 861-8253 jbcasey@baystreetchambers.com
Mr. Casey has 40 years of experience in commercial dispute resolution. He
is a former partner with Baker & McKenzie LLP. In 2012 he formed Bay Street
Chambers to devote his time exclusively to international and domestic arbi-
tration. He holds an LL.M. in international business law, is author of Arbitra-
tion Law of Canada: Practice and Procedure and is an adjunct professor at U.
of T. Law School.
Carfagnini, Jay A. Goodmans LLP
(416) 597-4107 jcarfagnini@goodmans.ca
Mr. Carfagnini heads Goodmans's Corporate Restructuring Group which has
been widely recognized for many years as the top restructuring practice in
Canada. Since 2005, Who's Who International has recognized him as one of
the top 10-15 Most Highly Regarded restructuring lawyers worldwide, and in
2016 he was the most highly nominated restructuring lawyer in Canada.
Capern, Gordon D. Paliare Roland Rosenberg Roth-
stein LLP (416) 646-4311 gordon.capern@paliareroland.com
Mr. Capern advises clients in resolution of disputes in many areas of corpo-
rate & commercial activity, mergers & acquisitions, liability of professional
advisors, shareholder & partnership disputes, director & officer litigation.
He is a Fellow of IATL.
Canty, QC, Mark A. Canty Lutz Delaquis Grant
(506) 658-0209 macanty@cldglaw.com
Mr. Canty brings significant experience to representing insurance companies
on general insurance and personal injury cases. He practises municipal,
administrative, environmental, professional liability law, product liability,
construction and commercial litigation, and health law. He also acts as
a mediator in insurance matters.
LEXPERT-RANKED LAWYERS
An unintended drawback from the increas-
ing application of ADR is that, because they are
private, many important rulings are not being
reported and can't be used as precedents, a long-
standing backbone of the Canadian legal system.
"Arbitration has clearly taken out of the courts a
great many commercial issues that would benefit
the public generally if they got into court and re-
ceived appellate attention and built up the juris-
prudence in the traditional way," says Binnie.
"But you can't expect businessmen to contribute
to the public good by litigating matters that could
be more efficiently dealt with in arbitration."
On the other hand, the increased use of ADR,
he adds, has forced courts to respond by "at-
tempting to fashion procedures to expedite mat-
ters, get a better control of the docket, make the
proceedings more efficient, cut down on the end-
less discoveries that in some cases go on and on
and cut down on the number of expert witnesses
they're prepared to listen to in order to get back
control of their courtrooms."
While litigation tends to be expensive and
time consuming, ADR has its own costs. No
matter which option a business is considering,
before entering into any process — but especially
litigation — clients should insist on a cost-benefit
analysis fairly early on in the process, says Lax.
"Once the parties have exchanged pleadings, a
client should insist on a schedule, a cost forecast
and an opinion as to success," he says.
Clients should also know the chances of re-
covering a settlement. "What is the point of
suing for one hundred million dollars if the per-
son's net worth is $40 million? What good will it
do to force the person into bankruptcy?"
It's generally accepted these days that busi-
nesses should adopt a philosophy that embraces
litigation if necessary but not necessarily litiga-
tion. If ADR is the faster and less expensive way,
it seems well worth considering at a time when
litigation is rarely either.
