Lawson Lundell’s Litigation Group has a focus on commercial litigation and a number of associated specialty areas all supported by the largest dedicated research team in Vancouver. We exclusively assist business clients and maintain a clear objective of achieving the best outcome for our clients either by agreement or through the courts. Our offices are in Vancouver, Calgary, Yellowknife and Kelowna.
Our group is distinguished with rankings from Chambers Global, Chambers Canada, Canadian Legal Lexpert Directory and Best Lawyers in Canada. Our team has represented clients at all levels of Court in Canada and before most regulatory tribunals, has appeared before a wide range of administrative panels and in national and international arbitrations. Details concerning key practice areas are set out below.
Commercial Litigation – We have extensive experience with all kinds of commercial disputes, including banking, competition and anti-trust, forestry, mining, oil and gas and other natural resources disputes, franchising, transportation and shipping. We have particular expertise acting for major industrial manufacturers, such as leading engineering, mining, energy and forest products companies, including with respect to liability for products and services.
Corporate and Securities - We act for a wide variety of securities market participants in take-over bid litigation, shareholders rights claims, fiduciary duty and other disputes and securities commission investigations. We regularly represent clients in the following areas: dealer-client litigation, takeover bids, poison pills and related litigation, investigations and enforcement, corporate governance, and oppression and shareholder rights litigation. We have extensive experience in disputes within closely-held corporations.
Class Actions - We primarily represent corporate defendants, assisting our clients in resolving class actions expeditiously, by preliminary motions where possible. We frequently provide advice to our corporate and institutional clients to help minimize exposure to class actions.
Administrative, Constitutional and Public Law - We assist clients in developing legal strategies for complying with complex regulatory requirements and provide advice on the legal and public policy implications of changes in legislation and other government initiatives. We act as counsel in significant administrative and constitutional law cases, involving both Charter of Rights and division of powers issues.
Indigenous and Environmental Law - We represent resource-sector clients in project permitting and the defence of subsequent challenges brought by Indigenous and environmental groups. We have represented clients in precedent-setting Indigenous rights litigation and other Indigenous law matters before all levels of Court, and have handled permitting of major projects before regulatory tribunals and in subsequent litigation. We work with resource sector clients to defend their interests in disputes between Indigenous communities and governments related to the Crown’s duty to consult. We advise and represent clients in civil and criminal claims related to contaminated site and other environmental matters.
Public Utility and Regulatory - We act for utilities, major customers and regulators, with extensive experience in the power and energy sectors, acting for applicants and intervenors before administrative tribunals and on subsequent Court proceedings. We have also provided regulatory advice in the transportation, telecommunications and water utility sectors.
Labour, Employment & Human Rights - We advise employers in all aspects of workplace law in both the provincial and federal sectors, including labour relations, employment law, collective bargaining, wrongful dismissals, human rights, employment standards, pension and benefits litigation, employment equity, workers’ compensation, privacy issues and business immigration. We have extensive experience in acting as counsel before judicial and decision making tribunals such as provincial and federal labour relations boards, arbitration boards, employment standards tribunals, human rights tribunals, workers’ compensation boards as well as all levels of court. We regularly provide collective bargaining advice and act as chief spokespersons for companies.
Pension and Employee Benefits −We have been involved in many of the leading Canadian pension and benefits cases, including successful defence of a number of class actions. Cases have involved post-retirement benefits, surplus entitlement and expense claims, fiduciary duties, including claims relating to investment policy and plan immunization and contribution holiday and benefit entitlement litigation.
Real Estate and Construction - We advise and represent international, national and local corporations, financial institutions, tenants, commercial landlords, creditors, debtors and others in real estate matters. We provide advice and representations on complex disputes including delay claims, enforcing and defending builders’ liens, tendering disputes and leaky condominium and leaky school actions, as well as property tax planning and dispute resolution. The group is also well versed in strata corporation windups.
Insolvency and Restructuring - We routinely act as counsel to the various stakeholders involved in corporate insolvency proceedings, including bankruptcies and proposals under the Bankruptcy and Insolvency Act, winding up and liquidations, receiverships, mortgage recovery, security realization under the Personal Property Security Act, arrangements under the Companies Creditors’ Arrangement Act, and preservation and recovery proceedings relating to professional fraud, including securities fraud.
Defamation and Media - We pursue and defend claims for defamation and are frequently consulted for advice in connection with libel and slander, Privacy Act, copyright and other issues that involve the activities of the print or electronic media and, increasingly, the internet.
Privacy & Data Management - We help clients navigate privacy and data governance considerations resulting from the collection, use, disclosure and maintenance of personal information. We provide advice to both private and public-sector clients regarding access to personal information requests, requests that arise in the course of corporate transactions or employee matters.
Estate Litigation – We assist clients in navigating the highly sensitive and complex issues involved when an estate plan is challenged. This includes challenges to the validity of wills or trusts, claim arising from the administration of wills or trusts, claims against executors, court applications, proceedings to change trustees or guardians, and matters involving charities.
