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Commercial Litigation Practice Group

Commercial Litigation
Practice

Practice Profile

Alexander Holburn Beaudin & Lang LLP’s Commercial Litigation Practice achieves strategic litigation objectives on behalf of a diverse client base by combining in-depth knowledge of our client’s interests and a clear focus on outcomes. 

We understand that there are different types of litigation:

  • Litigation that you can’t afford to lose
  • Litigation that needs to be resolved quickly
  • Litigation that needs to be fought
  • Litigation that needs to be settled
  • Litigation that needs to be avoided

Our commercial litigators bring a broad depth of experience to bear for our clients.   Where it is both advantageous and cost-effective, we also draw upon the expertise of other lawyers in the firm who can provide additional insight on a wide variety of legal issues.  Our client teams are designed to ensure that an optimal mix of legal resources is in place for every matter, and that those resources can be rapidly scaled up or down as circumstances warrant. 

Our Approach

We work with our clients to develop comprehensive litigation strategies at the outset of each matter to identify goals and then deliver responsive service against that strategic plan in order to achieve them.  We also understand the fiscal reality of business disputes, and work to consistently deliver value to our clients by operating in a cost-effective manner appropriate to the facts of each case.  Our commitment to efficiency is enhanced by superior litigation support personnel and resources including:

  • In-house computer technicians to assist with client needs such as developing client/lawyer intranets, scanning & transmission of documents, and electronic billing
  • A senior research lawyer and experienced law librarian to assist with complex research mandates
  • Extensive use of current technologies including specialized litigation management software and rapid-response communication tools (Blackberries)

Services

We regularly act for clients in matters relating to disputes involving:

  • Commercial contracts and relationships
  • Purchase and sale of assets
  • Commercial leases
  • Equipment and other lease agreements
  • Debtor/creditor relationships
  • Asset ownership and use, including intellectual property
  • Fraud, breach of trust and breach of fiduciary duties
  • Shareholders, joint venturers and partnerships
  • Distribution, agency and other such agreements
  • Securities
  • Real estate

An Independent Voice

We are an independent Vancouver-based law firm.  That independence means our commercial litigators are not restricted by the interests of additional lawyers in Calgary, Toronto, Montreal or New York and that we are not likely to be conflicted out of major litigation.

Flexible Thinking

We believe in a solutions oriented approach to litigation management.  We are not tied to any single methodology, and we look for the right answers, not just the obvious ones.  We are widely experienced in all levels of court, and are equally comfortable using arbitration and mediation in lieu of the courts in situations where that approach makes the most sense for our clients.

Representative Matters

  • Appeared before the Supreme Court of Canada in a leasing dispute between two railway companies
  • Successfully obtained world wide Mareva Injunctions in cases involving the fraudulent transfer of funds
  • Obtained an Anton Piller Order and implemented the Order by attending a warehouse and gathering evidence in relation to a missing film library worth in excess of U.S. $30 million
  • Acted for a shareholder in a private company seeking a buy out of his shares and other relief from the court
  • Negotiated the buy out of joint venture partners following the commencement of arbitration proceedings
  • Represented a large cement manufacturer in an arbitration involving a shipping contract
  • Successfully defended a trust company in a case alleging a misrepresentation in connection with the sale of an apartment building
  • Obtained an order dissolving a partnership and selling significant real estate assets
  • Represented a software developer/provider in complex, international licensing and distribution dispute and litigation
  • Litigated the wrongful sales of a client’s leased equipment and a related breach of trust respecting the proceeds of the sales
  • Conducted an international mediation under the America Arbitration Association’s International Mediation Rules involving Portuguese and British Columbia companies
  • Appeared as counsel on a rate application before a utilities commission
  • Appeared as counsel to oppose certification of a class proceeding involving pension issues
  • Prosecuted action for removal of encroachments on client’s property
  • Defended action relating to alleged breach of partnership dissolution agreement
  • Represented defendant in a proposed class action alleging illegal interest rates on pay day loans