Advocacy: Litigation And Dispute Resolution

Events & Seminars

  • September 22, 2015
    7:30 am - 12:30 pm

BDO Canada, Thompson Dorfman Sweatman LLP (TDS Law), Blackwood Family Enterprise Services (Blackwood), and the Canadian Association of Family Enterprise (CAFE) are holding a seminar, Successfully Transitioning the Family Business on September 22nd.

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  • September 24, 2015
    12:30 pm - 5:30 pm

  The VA Angels will be holding an event in the D.A. Thompson Boardroom on Thursday, September 24 at 5:30 p.m. The event will be attended by angel investors, as well as start-up and emerging companies looking for capital. TDS Lawyer Jeff Pniowsky will be giving a presentation on tax disputes with the CRA.  About VA […]

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  • September 29, 2015
    8:00 am - 10:00 am

Join ICTAM and TDS on the last Tuesday of each month for our new Executive Breakfast Series. Each session will focus on an area of interest that will assist you in optimizing key facets of your business. This month’s session will focus on Legal considerations in recruitment, retention and termination of employees.

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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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  • 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 its January 2011 decision in Gulka Enterprises Ltd. v Bayer CropScience Inc. ("Bayer"), the Saskatchewan Court of Queen's Bench ruled in favour of the producer, Gulka Enterprises Ltd. ("Gulka"), awarding compensation for damage resulting from chemical harm caused to Gulka's flax crop by Bayer's herbicide, Buctril® M ("Buctril M"), when tank-mixed with Fusion® at recommended rates to control weeds.

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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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