Arbitration makes use of a neutral third party, the arbitrator, who is selected by the parties to adjudicate on the matter. Effective arbitration can significantly reduce the time necessary to resolve a dispute, saving the client the inconvenience and costs associated with court.
Lawyers on the Business Litigation Team are experienced at resolving disputes before they go to court, offering strategies to avoid conflict while protecting your rights. When resolution is impossible, we have experience representing clients in court proceedings and administrative hearings at every level, up to the Supreme Court of Canada.
Located in Halifax – Dartmouth, our Litigation lawyers can handle files large or small throughout Nova Scotia and Atlantic Canada. We work with your employees or members of our Business Law Team to bring together the relevant knowledge required by each individual case.
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Areas of Focus
Arbitration
Construction
Construction projects can be capital intensive and involve disputes between contractors, sub-contractors and other parties. These disputes might force the need for litigation. BOYNECLARKE assists clients in filing and/or vacating Builders’ Liens. We advise clients regarding the Occupational Health and Safety Act and tender requests from government agencies.
Corporate & Shareholder Disputes
Conflict within a corporation directly affects its ability to operate successfully. Our team of lawyers has experience with all aspects of dispute resolution between shareholders and corporations. It is the responsibility of a company to act in the best interests of their shareholders. We have acted on behalf of corporations as well as both majority and minority shareholders with regards to shareholder disputes. We advise clients through all stages of disputes handling matters delicately and effectively to avoid the possible damages that a dispute can cause a business.
Debt Collection
It is a common occurrence for a business to be faced with the situation of having delinquent accounts on its record book. BOYNECLARKE’s Business Litigation Team focuses on initiating lawsuits on behalf of creditors for the efficient recovery of outstanding debts. We can help you create a system to prevent future delinquent accounts.
Defamation
Defamation occurs on the internet, television, the newspaper, or through speech although the defamatory statement(s) must reach a third party. BOYNECLARKE has significant experience litigating and defending defamation lawsuits.
Employment Litigation
BOYNECLARKE acts in all aspects of labour relations and Employment Law on behalf of both employers and employees. We represent institutional clients, private business and individuals with respect to drafting employment contracts, providing representation in collective bargaining negotiations, appearing at arbitrations and before labour relations boards, and advising on employee terminations and wrongful dismissal claims.
Environmental
Navigating federal and provincial environmental regulations requires experience. BOYNECLARKE’s Business Litigation Team can offer advice on strategies to resolve complaints and can defend complaints that cannot be resolved.
Insolvency & Restructuring
Companies and individuals may face challenging solvency issues in an ever changing economy. We act for secured and unsecured creditors, trustees, monitors and receivers in insolvency matters, including the enforcement of security and providing advice during bankruptcy or restructuring under Division I of the Bankruptcy & Insolvency Act or under the Companies’ Creditors Arrangement Act. We also advise and act on behalf of distressed companies seeking to restructure and make arrangements with creditors. Our Insolvency & Restructuring team is one of the most experienced in Eastern Canada.
Insurance Litigation
BOYNECLARKE acts on behalf of plaintiffs and insurance companies on a variety of individual and commercial cases. Our litigators have represented individuals and commercial clients across Canada as well as in the United States. BOYNECLARKE advises insurance companies regarding their liability and exposure under various policies.
Mediation
BOYNECLARKE’s Business Litigation Team has experience in representing parties through mediation. In the mediation process, the parties or their representatives, together with an impartial third-party, the mediator, work together to try and arrive at a solution that is acceptable to both sides. At BOYNECLARKE, we realize that effective mediation can trim years off of the resolution of a dispute, saving the client both time and money.
Professional Negligence
BOYNECLARKE advises and acts for a number of self-regulating professions including lawyers, accountants, engineers, and a variety of medical and associated health professions. We advise and act on behalf of these professions with regard to corporate governance, professional standards, discipline, and aspects of the law that affect these professions in negligence suits.
Property, Lease & Contract Disputes
When landlords, tenants, vendors, purchasers and home owners are involved in a contract with another party, there are many conditions put in place to ensure that all sides hold up their end of the bargain. In many instances the agreements run smoothly throughout their duration. However, this may not always be the case, for which litigation may be the only viable option to achieve resolution.
Securities Matters
We have acted for a number of issuers, underwriters/agents and other market participants with respect to corporate finance matters, mergers and acquisitions, corporate governance, regulatory matters and securities litigation. Our team of lawyers has extensive experience advising clients regarding the regulatory regimes that govern the issuance and trading of securities.
Small Claims Court
The Small Claims Court of Nova Scotia handles claims with a value of $25,000 or less. The Court offers a more economical and efficient method of litigating these claims than the traditional litigation process. BOYNECLARKE represents both claimants and defendants in Small Claims Court for legal claims and taxations.
Presentations We Offer
If you are looking for a speaker for a meeting or a special event please email us at marketing@boyneclarke.ca. Click here for a list of presentations we offer.