Litigation

Scott Petrie LLP’s experienced litigators provide superior advice and representation for a wide range of disputes. Before the Courts and regulatory tribunals, at first instance or on appeal, or in private negotiations, mediation and arbitration, our lawyers with their clients to achieve the best outcome whether that is a settlement or a trial.


Bankruptcy & Insolvency

Angelo D’Ascanio and David Swift have over fifty years of combined experience assisting clients in all aspects of the bankruptcy and insolvency process. Their clients include financial institutions and other secured creditors seeking to realize on security and collect outstanding debts; receivers and licensed insolvency trustees requiring legal representation with a bankruptcy or restructuring proceeding; unsecured creditors looking to minimize losses; and insolvent individuals and companies seeking to navigate difficult financial times. Angelo and David also act for mortgage holders in mortgage enforcement proceedings and parties involved in the litigation that often arises from insolvency proceedings.


Commercial/Business Dispute Resolution

Angelo D’Ascanio, David Swift, John Goudy and Jeff Van Bakel represent clients involved in disputes or potential disputes arising in the context of any commercial or business matter. They are each seasoned commercial/business dispute resolution lawyers who provide clients with ‘value-added’ legal services as a result of exceptional legal skills coupled with business acumen. They are adept at advocating for their clients in a court or arbitration setting or by way of mediation or settlement negotiations. Depending on the circumstances of your situation, they will advocate for you with skill and flexibility to achieve a practical, cost-effective ‘win-win’ resolution of your dispute or engage in a hard fought ‘zero-sum’ litigation strategy. The following are examples of commercial/business dispute resolution situations that they are typically called upon to address:

  • Shareholder and partnership disputes
  • Commercial lease disputes
  • Franchise disputes
  • Real estate and land development disputes
  • Construction disputes
  • Mortgage enforcement
  • Commercial debt recovery
  • Trademark disputes
  • Departing employee breach of fiduciary duty, misuse of confidential information and noncompetition claims
  • Any commercial or business contractual dispute

Construction Litigation

Our construction law team of Marcia Oliver, Angelo D’Ascanio, Jeff Van Bakel and David Swift stands out for its depth of knowledge, experience and skill in providing legal advice and counsel to all players in the construction pyramid. From the early stage of contract negotiation to post completion dispute resolution, we routinely act for owners and developers, general contractors, subcontractors, material suppliers, mortgagees, receivers and trustees in bankruptcy. We are well versed in the application of the Construction Act and have considerable experience in representing parties in the resolution of large, complex, multi-party disputes. We look for practical business solutions in the advice and strategies we recommend to our clients but appreciate that sometimes prosecuting or defending a matter to the point of requiring a third-party decision is the only option. We have significant experience resolving disputes through mediation, binding arbitration, and commencing proceedings in the Ontario Superior Court of Justice.


Condominium Litigation

Kristi Sargeant-Kerr and John Goudy help condominium corporations and their boards, property managers, and condominium unit owners deal with a wide-range of condominium law claims and disputes, including matters relating to compliance enforcement, liens, and maintenance and repair. Building on Scott Petrie LLP’s extensive experience in condominium development and administration, Kristi and John are available to advise and represent parties in negotiations, mediations and arbitrations, in proceedings before both the Superior Court of Justice and the Condominium Authority Tribunal (CAT), and in matters involving the Condominium Management Regulatory Authority of Ontario (CMRAO).


Real Property, Agricultural and Environmental Litigation

John Goudy advises and represents property owners and businesses in a wide range of matters related to land ownership and land use, with a focus on agricultural land and agribusiness. Real Property matters include easements and rights-of-way, boundary disputes, Drainage Act applications and proceedings, purchase and sale disputes, environmental contamination and mortgage enforcement. John represents landowners in expropriation and compensation matters, including proceedings before the Local Planning Appeal Tribunal, the Ontario Energy Board and the Canadian Energy Regulator Commission. John also represents parties charged with regulatory offences.


Professional Negligence Litigation

Marcia Oliver and Jeff Van Bakel provide insurance defence representation for architects and engineers and for lawyers.


Mediation & Arbitration

Marcia Oliver can help parties and their lawyers find practical solutions to complex commercial disputes, whether acting as mediator or arbitrator. She has extensive practical experience in resolving difficult construction claims and professional liability claims and would be pleased to discuss how mediation, arbitration or other creative options for alternative dispute resolution may be a better alternative to traditional litigation.