Advocacy: Litigation And Dispute Resolution

Events & Seminars

  • May 25, 2016 - May 27, 2016
    5:00 pm - 2:00 pm

TDS Law is sponsoring Centrallia. Centrallia is a Global business-to-business forum designed for businesses seeking new opportunities. The focus of Centrallia is on business development locally, nationally and internationally.

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  • May 26, 2016
    4:30 pm - 6:00 pm

Are you an investor who wants direct access to the best deals? Please join VA Angels on May 26th at Thompson Dorfman Sweatman LLP (201 Portage Ave., Suite 2200). VA Angels gives investors the opportunity to directly make investments, and provides entrepreneurs an avenue to find additional capital.

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  • May 30, 2016 - May 31, 2016
    7:00 am - 4:30 pm

Renew your acquaintances, create new alliances with other tax professionals and government officials, and benefit from great networking opportunities. Leilani Kagan will be speaking on May 30th on Trust Planning and Administration after the Implementation of the GRE Rules.

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Advocacy: Litigation And Dispute Resolution Overview

Thompson Dorfman Sweatman LLP has been recognized by Lexpert® as having one of the best litigation departments in the province. With the added advantage of having the largest litigation group in Manitoba, we are also able to work collaboratively with our clients to ensure they receive innovative, cost effective representation.

Our litigators give incisive advice in all areas of the law for insurers, large corporations, small businesses and for individuals. Our litigation department regularly handles matters in the following areas:

  • bankruptcy
  • builder’s liens matters
  • class actions
  • construction litigation
  • contractual disputes
  • debt collection
  • labour and employment matters
  • expropriation cases
  • health law
  • insurance litigation
  • intellectual property disputes
  • pension litigation
  • personal injury claims
  • professional negligence
  • regulatory/governmental affairs
  • tax litigation
  • wills, estates and trusts litigation

Our knowledge enables our litigation department to handle all disputes, including Business and Corporate Commercial Law Litigation matters. We also provide advice on Regulatory matters to a number of entities in both the Public and Private Sector, and we are counsel and advisors to numerous Health Care Sector groups and authorities. Our firm also acts as counsel to employers dealing with complex pension disputes.

Our procedural and advocacy experience includes regular appearances before all levels of Court in Manitoba and other jurisdictions, from Small Claims to the Court of Appeal, as well as the Federal Court of Canada and the Supreme Court of Canada. In appropriate circumstances, our litigators have also used alternative dispute resolution (ADR) methods to resolve matters, including arbitration of disputes, mediation, and Judicially Assisted Dispute Resolution.

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  • A recent Manitoba human rights adjudication decision raises questions that already strike fear in the hearts of many employers: What are our human resources and legal responsibilities when consensual sexual relationships start up in the workplace? What are our responsibilities when the relationships end?

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  • Sexual harassment is an uncomfortable topic. It is also a high profile topic. Most business leaders have become aware that the time to get their respectful workplace houses in order is now, and a recent series of human rights adjudication decisions have reinforced the message. Employers, businesses and institutions not only have legal duties to provide an environment free of sexual harassment, but ignoring these duties could cause permanent damage to reputation and the bottom line.

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  • Commercial landlords and their insurers may be surprised to learn that a common commercial lease provision may preclude any claim against a tenant whose negligence results in a fire loss.

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  • In recent years, the Canadian civil legal system has acquired a greater understanding of the very serious nature of sexual abuse and its impact on victims. As a result, victims are now more frequently turning to the civil courts as a means of compensation. Civil litigation, while imperfect, may be an empowering and effective means by which victims of sexual abuse can have an opportunity to confront their abuser, be heard, and obtain some recognition of the harm they have suffered through financial compensation.

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  • Although from time to time claims for damage arising from herbicide, pesticide and fertilizer use are advanced against manufacturers and dealers under provincial Sale of Goods legislation, for the most part such claims proceed on the basis of negligence principles, that is to say, a departure from the ordinary standard of care expected of a dealer or manufacturer in connection with the sale of seed, herbicides, pesticides and fertilizers.

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  • In the case of St. Arnaud et al. v. The Queen, the CRA assessed a large group of taxpayers from across Canada on the basis that investments in Registered Retirement Savings Plans (RRSP) were not in qualified investments and that the amount of the investment was less than the fair market value, triggering a taxable income inclusion under the RRSP provisions of the Income Tax Act. While the investors thought they were purchasing valid investments, the investments were in fact worthless.

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  • Acted as co-counsel for the Canadian National Railway Company in seeking injunctive relief to relating to the blockade of railway lines within Manitoba.

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