Lexpert Special Editions

Special Edition on Litigation 2016

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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26 LEXPERT | 2016 | WWW.LEXPERT.CA Lenczner, QC, Alan J. Lenczner Slaght Royce Smith Griffin LLP (416) 865-3090 alenczner@litigate.com Widely acknowledged as one of Canada's leading litigators, Mr. Lenczner applies his advocacy skills to yield precedent-setting decisions in many areas of civil litigation. He appears regularly before courts at all levels. Lederman, Eli S. Lenczner Slaght Royce Smith Griffin LLP (416) 865-3555 elederman@litigate.com Recognized as a leading trial and appellate lawyer, Mr. Lederman has broad experience in complex contract and shareholder disputes, class actions, civil fraud, professional liability cases and commercial arbitrations. Le Vay, Paul H. Stockwoods LLP (416) 593-2493 paullv@stockwoods.ca Mr. Le Vay's bilingual practice focuses on commercial, securities and profes- sional negligence. He is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers, a Trustee of the Law Foundation of Ontario and a contributing editor to two law journals. Lax, QC, LSM, C. Clifford Lax O'Sullivan Lisus Got- tlieb LLP (416) 598-0988 clax@counsel-toronto.com Mr. Lax's litigation and arbitration practice emphasizes corporate, securities, real estate, environmental and defamation matters. He is a fellow of the ACTL and IATL, and sits on the Commercial Panel of International Centre for Dispute Resolution. Lapierre, Stéphanie Fasken Martineau DuMoulin LLP (514) 397-5137 slapierre@fasken.com Ms. Lapierre specializes in complex securities, corporate and financial litiga- tion, including securities litigation, shareholder disputes and other financial litigation. She is also regularly involved in Court proceedings undertaken pursuant to corporate statutes including Court-sanctioned arrangements, dissidence rights and liquidations. Lally, Michelle Osler, Hoskin & Harcourt LLP (416) 862-5925 mlally@osler.com Ms. Lally provides parties with strategic advice and representation before the Competition Bureau regarding mergers, competitor collaborations & arrangements, distribution and pricing practices, cartels, and civil and criminal investigations. LEXPERT-RANKED LAWYERS fight really about?" Lawyers have a tendency to turn over every stone and look under it, and they do so because of the culture they've been brought up in, says Fitch, who practises out of Hamilton and Burlington. To put this into context, he says, consider this: "e business person wants a result, a lawyer wants the best result, but sometimes the best re- sult costs too much." at's why identifying and focusing your litigation resources on the key issues and getting a result that is proportional to the is- sues and the needs of the parties is important. Consequently, when faced with litigation, there may be valid reasons to sue or defend. For exam- ple, he says, "Your company's reputation may be at stake, you may need to discourage other potential suits, you might even be in the right." Still, Fitch says companies have to consider whether bringing a suit or defending one — if the problem can be resolved without doing so, even at a considerable expense — is going to be the right thing to do. At the end of the day, he says, even if you win or pay less than you would have had to do at the "You don't have to fight about everything. If you want to get to a resolution, focus on the key issues, give up some of your issues and let the other side know that you're doing that." - Jack Fitch, Hughes Amys LLP between you and your lawyer — you want your goals to align in terms of how it proceeds. Armed with this information, says Leon, together you can work out an effective plan for going forward. is lets your lawyer say, "is is how I'm going to staff the file, this will be the size of my team, and therefore the work can be done at the appropriate lawyer level." Focus on the real fight. Jack Fitch, a senior partner and litigator at Hughes Amys LLP, says managing costs in any litigation starts with early investigation and asking yourself, "What is the

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