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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
of reasons:
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Think big, even if you don’t start there.
Our goal in serving our business clients is to develop and implement
with you a thorough and comprehensive business strategy which takes
into account all of the possibilities which you face in starting,
growing and winding up your business.
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Unlike many law firms, we don’t deal in “alternative”
dispute resolution. The high cost and uncertainty of litigation,
together with the time and resource commitments, make the courts
the last ‘alternative’ for our clients. |
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There aren’t many law firms west of Toronto with our knowledge
and experience – or our track record - in this specialized
area.
We create security agreements for lenders, we register and monitor
those interests under the appropriate registries in our central
system, we provide opinions on priority and we litigate when we
need to under the Personal Property Security Act, the Repair
and Storage Liens Act, the Bankruptcy and Insolvency Act and the
Commercial Tenancies Act.
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There are two statues which govern this area of law – the
Bankruptcy and Insolvency Act (“BIA”) and the Companies’
Creditors Arrangement Act (“CCAA”)
Often seen as the forced end to litigation by frustrated plaintiffs,
the BIA and CCAA actually gives a wide range of rights to parties
who know its provisions and can take advantage of the special circumstances
which might exist in a particular case.
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