Litigation is traditionally the last resort in a dispute. Recourse
to the courts should generally come only after you have exhausted
every other possibility for resolution of your disputes, for a number
Litigation is expensive. Unfortunately the cost isn't always proportionate
to the amount of money in issue, because lawyers charge the same
hourly rate regardless of whether your claim is for $50,000 or $50,000,000.
One of the difficulties which people encounter at the outset of
a lawsuit is predicting and managing the costs of the proceeding.
As experienced litigation counsel, we can give you an accurate estimate
of what we think will be necessary to develop and argue your case.
What we can't do is predict how the other side will react, or how
co-operative they will be. If we need to bring interlocutory motions
the costs will climb very quickly - and the client rarely sees all
of that cost come back on a successful motion. We will meet with
you periodically to review the costs, develop cost-saving strategies
and help you plan for all of the contingencies which might come
up in your particular matter.
Loss of Control
The advantage of a negotiated resolution is that the parties are
the authors of the settlement; they have control over what the terms
are, and they gain the certainty of an agreed result. We will give
you our honest opinion on the strength of your case. We will cover
the weaknesses and strengths of your position, and discuss how to
use those to your best advantage. Ultimately, though, the decision
will be made by a disinterested third party - whether a judge or
a jury - and that decision will be based on what the trier of fact
feels is most reasonable, most believable and most fair. At the
outset, there are always two parties certain of winning, but ultimately
one party is wrong. There are no guarantees in litigation.
Time and other hidden costs
Litigation takes time to progress properly. New amendments to the
Rules of Civil Procedure to take effect in January 2010 attempt
to streamline and speed up the litigation process, but a typical
case will still take between 2-4 years to get to trial. This is
partly due to the schedules of parties and lawyers, and partly due
to the considerable backlog of cases presently before the courts.
Will litigation impair your ability to do business? Will it cost
you opportunities, tying up key employees and assets? Do you need
certainty before you can market a product, use a design or canvass
a particular market? Consider these hidden factors when you decide
whether you need to litigate.
DUNLOP & ASSOCIATES are experienced litigation
counsel. We plan properly, we advise you properly and we know what's
We will help you understand that big picture, right from the outset.
We identify the best approach, we anticipate and disarm weaknesses
and we get results.
DUNLOP & ASSOCIATES offer the wisdom of extensive
trial and appellate experience, regular courtroom appearances at
all levels of Ontario Court, the Federal Courts and the Supreme
court of Canada.
If you don't see a specific area of litigation discussed on this
website, please contact us and see if we can help you. Get the right
plan, right from the start.
If your best option is litigation, your best choice is DUNLOP