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Litigating and Arbitrating Business Disputes

This book discusses many of the issues confronting Ontario litigation lawyers in the resolution of business disputes.
Publication Language: English

Softcover | 296 pages

In Stock
Published: August 10, 2015
ISBN/ISSN: 9780433486879

Product description

In today's competitive business climate, it often seems the question isn't whether a business owner will be involved in a dispute, but rather when it will occur. The guidance and explanations in this new release, Litigating and Arbitrating Business Disputes, focus on reducing the prospect of such disputes and minimizing their impact when they become unavoidable.

Offering insightful perspectives

Litigating and Arbitrating Business Disputes is a carefully curated compilation of professional development presentations delivered by noted business litigator, arbitrator and mediator Igor Ellyn over the past several years. The sections have been adapted and updated to produce an easy to use and understand text that will be invaluable to both lawyers and business owners.

This excellent resource discusses many of the issues Ontario litigation and arbitration lawyers confront when dealing with business disputes, including:

  • The ways business owners can prevent or reduce the negative consequences of business disputes when they arise
  • The application of the Rules of Civil Procedure to business disputes
  • A discussion of corporate law, especially shareholders' remedies and oppression
  • An analysis of the steps involved in a lawsuit
  • An analysis of many aspects of trial evidence, including dealing with expert witnesses
  • An insightful overview of mediation and arbitration procedures
  • A primer on appellate law, including an explanation of the standard of appellate review

In addition, the structure of this practical guide makes it perfect for everyday use: the relevant rules and extensive case law are easy to review and provide a quick reference to all aspects of the litigation and arbitration process. Counsel will find the cross-examination and discovery pointers useful to help clients for an all-important aspect of their case.

An essential resource
The following users will find Litigating and Arbitrating Business Disputes particularly useful:

  • Commercial litigation and arbitration lawyers, who represent business owners
  • Corporate lawyers, who advise their clients about how to prevent litigation and arbitration
  • Accountants and Business Valuators, who need insights about the litigation and arbitration process to advise their clients and to prepare for testifying as an expert witness
  • In-house lawyers, who need to advise corporate management on how to deal with litigation and arbitration matters in the operation of the business
  • Business owners and advisors, who need to have a thorough understanding of the potential legal risks associated with operating a business and how mitigate those risks

    Featured Authors

    Table of contents

    Foreword by the Hon. Justice Paul M. Perell 

    Chapter 1: Preventive Law for Business Owners
    So your business has a legal problem
    Business legal check-up: Preventive audit for business legal health
    Preventing litigation in company disputes

    Chapter 2: Legal Procedure
    Civil litigation procedures
    Pleading with mediation in mind
    Certificates of pending litigation
    Preparing for cross-examination and examination for discovery
    Lawyers' undertaking in and out of court

    Chapter 3: Evidence and Trial Advocacy
    Demonstrative evidence in civil litigation
    Using financial expert witnesses
    Cross-examining business valuators and forensic accountants
    Fraud claims in business transaction litigation
    How to make in-trial objections

    Chapter 4: Arbitration
    Arbitration in international business
    Effective advocacy in commercial arbitration

    Chapter 5: Appeals
    Review of judicial errors by appellate courts
    Commercial reasonableness in business appeals

    Chapter 6: Corporate Law
    Shareholders' remedies

    Table of Statutes and Rules
    Table of Cases
    Table of References
    Table of Abbreviations and Acronyms