Litigating and Arbitrating Business Disputes
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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
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
Table of Statutes and Rules
Table of Cases
Table of References
Table of Abbreviations and Acronyms