Litigation & Dispute Resolution

Blumberg Segal LLP has dealt with litigation, mediation, and arbitration in many areas including shareholder and partnership disputes, product liability cases, wrongful dismissal situations, estates, family law matters, as well as intellectual property disputes and administrative law problems.

When all efforts to resolve a dispute by negotiation or mediation have been unsuccessful, the parties are compelled either to capitulate or to litigate. In most instances, however, the parties generally have no option other then to resort to litigation to right a wrong or to seek redress for damage suffered. We at Blumberg Segal LLP possess substantial experience in handling all aspects of the litigation process, from the initial demand letter to the final disposition of the matter. Our clients gain from our vast experience from the first consultation when different options are explored. Only after carefully assessing with our clients the potential risks, benefits and costs of a particular strategy do we offer advice and assist our client's with their needs in a cost-effective manner. You are not only informed of progress at each stage of the litigation but are also consulted before the next stage of action is adopted. While we generally litigate matters from beginning to end, we often are called upon to assume carriage of matters where a new or unique approach to pending litigation is called for, or where a matter is required to be taken on appeal to the Appellate Court.

If you have a concern with a matter involving litigation and dispute resolution please contact Henry Blumberg at henry@blumbergs.ca or call Henry at 416-361-1982. Please join our Litigation e-mail newsletter for periodic updates on Ontario and Canadian litigation issues.


SHAREHOLDER AND PARTNERSHIP DISPUTES

Blumbergs has dealt with numerous shareholder and partnership disputes over the last 20 years including claims of shareholder oppression, fraud, breach of fiduciary duties, misappropriation of corporate opportunities, share and partnership valuation disputes, breach of contract, and claims involving interpretation of shareholder and partnership agreements. Shareholder and partnership disputes need to be handled delicately, quickly and effectively because of the possible damage that such a dispute can cause to a business.

PRODUCT LIABILITY

At Blumberg Segal LLP we have dealt with numerous product defect and liability issues in Canada and around the world. We have represented manufacturers of alleged defective design or manufacture of products and individuals or corporations that have been adversely affected by defective products. We provide manufacturers, distributors and others with operations in Canada with preventative advice in order to avoid litigation. A poorly handled product liability case resulting in a successful judgment against a corporation can make a business the target of further claims. We have provided counsel to client's who feel that the insurance defence they are receiving is not adequate and could expose the corporation to excess liability or other consequences. We work closely with corporate defendants in understanding the sometimes complicated practical, scientific and technical information and in order to mount the best defence.


ADMINISTRATIVE LAW

There are hundreds of administrative tribunals in Ontario that make decisions every day that affect people’s lives and businesses. Though such Tribunals purport to be “informal” the consequences for individuals or businesses appearing before them are no less serious than for individuals appearing before the courts. If you are appearing before a Tribunal in Ontario chances are a significant aspect of your livelihood is at stake. Our lawyers have experience helping clients defend their rights in Tribunal settings before the Financial Services Commission, Labour Relations Board, and others. We also have experience handling appeals of Tribunal decisions to the Divisional Court and Court of Appeal.

FAMILY LAW

Blumberg Segal LLP assists clients in understanding how to deal with matrimonial issues. Whether you require assistance with an amicable and cost-effective unopposed divorce or a complex and vigorously contested support or division of net family property issue we possess the necessary knowledge, skill, and empathy to resolve the dispute on most favourable terms for you in the circumstances.

We have assisted high net worth clients with effective advice on the calculation and division of stock options, pension plan payments, assessment of the quantum and duration of interim and final spousal support obligations as well as the preparation of interim and final Separation Agreements. We also strive to ensure that along with our client’s tax professionals that our clients minimize any adverse tax implications.

Although we strive to resolve our client’s matrimonial matters amicably and cost effectively by negotiation, mediation, arbitration, or agreement between the parties, it is not always possible to do so. In circumstances where it is necessary to litigate a matrimonial matter we do so aggressively and with the sole objective of obtaining the best possible resolution for you, our client. The single most debilitating factor in a family law matter is delay in its resolution. That is why we at Blumberg Segal LLP pride ourselves on providing a fast, efficient, and effective service.


ESTATE LITIGATION

Estate litigation has become far more frequent in Ontario. Some of the most common situations that result in litigation include siblings not being treated equally in a will, large estates, the disposition of sentimental properties such as cottages, dramatic changes in a testator's will, inadequate provision for dependents, testator's not having testamentary capacity, poorly chosen executors, and situations involving a second spouse in conflict with children of a first marriage. If the death of a testator is a spark then a poorly drafted will or ill-conceived estate plan is often the kindling that will promote and sustain animosity and estate litigation. At Blumberg Segal LLP we have helped many executors and beneficiaries negotiate, mediate and resolve complicated and highly charged estate matters.


EMPLOYMENT LAW AND WRONGFUL DISMISSAL

At Blumberg Segal LLP we act for employees and employers in dealing with wrongful dismissal matters.

The loss of a job is emotionally devastating for most people. But if you’ve just been dismissed from your employment - for any reason- in many cases you have more rights than you think. Many employers offer dismissed employees payment in lieu of notice “in accordance with the Employment Standards Act” in Ontario. While your employer’s initial offer of severance may technically comply with the Employment Standards Act, the Employment Standards Act provides only the bare minimum your employer must pay you on dismissal. Your right to severance pay, or “pay in lieu of notice”, under common law may be much higher than what is set out in the Employment Standards Act.

To properly protect your rights in employment, however, you need competent legal counsel well versed in the ever-changing nuances of employment law. Blumbergs lawyers have handled dozens of wrongful dismissal cases and can help you achieve the best possible resolution of your wrongful dismissal case in a cost-effective manner.

Blumberg Segal LLP also acts for employers who are interested in understanding their legal obligations and in minimizing risks and damages when dealing with an employee termination.


If you have any questions about litigation in Canada and Ontario please contact Henry Blumberg at 416-361-1982 or henry@blumbergs.ca