General Litigation
The members of our General Litigation Group provide a broad range of litigation and dispute resolution experience. We represent plaintiffs and defendants in all types of disputes except for personal injury matters and family law matters.
Our focus for clients is in finding an appropriate and fair solution. We work closely with our clients to identify and avoid roadblocks and to seize opportunities for solutions. We provide timely and effective advice to try to head off disputes before they arise or before they become more formal and disruptive. We regularly provide advice and risk analysis to clients that is appropriate to each client and to the particular situation our client is facing.
We are comfortable resolving disputes informally through consultation and negotiation but are equally comfortable using all methods of mediation and arbitration. In addition, when litigation through the court process is the best solution, we use our experience and hard work to advocate effectively for our clients.
What we do
Our experience includes representing clients in all levels of court in the Province of Nova Scotia. We have developed our expertise over years of successfully representing the firm's institutional and corporate clients and in representing individual clients on a broad range of disputes. The work of this practice group covers disputes arising from diverse areas of law and diverse situations including the following:
- Administrative Law (Tribunals, Court Review of Tribunal Decisions and Regulatory Issues)
- Interpretation, Enforcement or Defence of Banking and Securities Documents
- A broad range of Commercial Activities
- Construction Projects
- Interpretation, Enforcement or Defence arising from Contracts of all kinds
- Conflicts arising in an Educational Context
- Interpretation of Wills and Conflicts arising from the Estate and Probate process
- Environmental Regulation and Control
- Expropriation of Property and Claims Valuation
- Financing Arrangements
- Interpretation and Enforcement or Defence of Guarantees
- Insurance Policy Interpretation and Application
- Intellectual Property Issues including Trademark and Copyright
- Property Boundary Line Disputes
- Matters arising from Real Estate Transactions (including transactions that fail and matters that arise subsequent to the closing)
- Professional Negligence and Professional Liability Insurance Issues
- Freedom of Information and Protection of Privacy Legislation
Recent work
- Represented local farmers in defending injunction application based on anticipated odors from a significant farm expansion
- Representation of professionals in dealing with the individuals' professional regulatory bodies
- Defence of businesses regarding charges under tobacco regulations
- Representing a large commercial landlord in lease disputes
- Representing a contractor in a variety of claims arising from a construction project
- Representing a Regional School Board in a court challenge to an Appeal Panel decision regarding an Individual Program Plan
- Representing heirs in challenging the depletion of estate assets
- Actions to remove executors of estates
- Appearance before the Environmental Appeal Board regarding provincial water licenses
- Representing a public authority in taking property for public purpose (expropriation)
- Representing homeowners whose homes are going to be taken by a public body in an expropriate process
- Advising farmers regarding rights and compensation issues regarding potential expropriation
- Assisting clients in resolving guarantee issues from a corporate restructuring
- Defending product liability allegations involving local and national farm product processors
- Advised insured of obligations of insurance company to provide a defence
- Represented land owners in boundary disputes with neighbouring property owners
- Represented land owners in obtaining title to property through the Quieting of Title process
- Representing professionals and their insurer in successfully defending claims of professional negligence
- Advised private and public institutions of compliance issues with Freedom of Information and Privacy issues
- Representing a client in Tax Court against CCRA income tax assessment
- Represented creditor clients in court applications against debtors and third party corporations to seize assets wrongfully transferred to the third party corporations by the debtors in an attempt to avoid debt collection
- Represented the occupier of a landfill site regarding regulatory issues and defended a claim alleging groundwater contamination
- Advised family members regarding allegations of undue influence and inappropriate persuasions surrounding a deceased family member's estate.
Contact
The TMC LAW General Litigation Team can be contacted by e-mail at TMC General Litigation or visit the Contact page for information on how to contact them by phone, fax, mail or to find out where our office is located.