Civil and Commercial Litigation
Litigation has long been recognized as one of Kugler Kandestin’s cornerstones and main strengths.
Over the course of several decades providing sound practical and strategic advice, our litigation lawyers have received praise and recognition from various recognized professional associations and publications.
Our approach is client-centric. Our focus and priority is on understanding the business and practical needs of our clients and presenting cases in an intelligent, compelling and cost effective fashion. Kugler Kandestin is one of only a handful of firms that are willing to handle certain litigation cases on a contingency fee basis.
We have extensive trial and appellate experience and regularly plead before all levels of court in Québec. Our lawyers have also appeared before the Supreme Court of Canada, the Federal Court of Canada, various administrative tribunals, as well as in private arbitration and mediation.
Due to our size and accessibility, we take pride in the fact that we can effectively represent large, national and multi-national corporations with the same level of service and attention to detail as the small businesses and individuals we also represent.
Expertise
Shareholder Disputes and Oppression Claims
We are frequently called upon to litigate or settle complex shareholder disputes.
Our firm’s collective business acumen adds significant value to our legal expertise in this area. Our expertise extends to seeking interim orders on an urgent basis to preserve the status quo, protect individual rights, or ensure business viability or continuity.
We represent both majority and minority shareholders with a view to ensuring that their rights are fully protected pursuant to the applicable business corporations statutes (federal or provincial). Our litigation lawyers also have significant experience in representing public and private corporations embroiled in such disputes. At all stages of a dispute, we ensure that the best possible remedy is obtained, ranging from maintaining the status quo to the forced purchase of shares between disputing parties to the winding up of a company and the distribution of assets.
Alternative Dispute Resolution
Our lawyers are recognized as leaders in this field; an alternative to traditional litigation.
We have significant experience as counsel in ADR (Alternative Dispute Resolution), including arbitration and mediation. We have been involved in both domestic and international arbitrations across a wide range of business sectors and industries, including commercial disputes, construction, bodily injury, hospitality, insurance, pharmaceutical, real estate, media, and retail, in both ad hoc and institutional arbitration under the auspices of the leading arbitral institutions.
We are frequent speakers on various ADR-related issues, including when to consider arbitration and how to negotiate and draft the most effective arbitration agreements.
Based on our reputation, experience, and highest ethical standards, our lawyers are also often sought after to act as sole arbitrators, members of arbitral tribunals, or mediators in private disputes.
Our practice extends to the enforcement, in Québec, of foreign arbitral awards.
Injunctions and Special Remedies
Our litigation team is well-versed and ready, on short notice, to handle urgent matters requiring immediate attention by the Courts.
We have extensive experience, at all levels of provincial and Appellate courts, in pursuing and defending against interim and permanent injunctions, including seizures before judgment, Mareva injunctions (or freezing orders) designed to freeze the assets of a Defendant in a given jurisdiction. We also have significant experience with Anton Piller Orders, which grant a litigant the right to search premises and seize evidence without prior notice, and Norwich Orders compelling third parties to preserve and provide information or evidence in advance of or in the context of litigation.
Labour and Employment
Our lawyers have represented both employers as well as executives and employees in various aspects of labour and employment-related disputes, including advancing and defending claims of termination, severance packages and wrongful dismissal claims.
We have also been involved in Anton Piller orders and other forms of extraordinary remedies and have obtained and defended against various forms of injunctive relief for our clients, including at the provisional stage, in cases of breach of non-competition, non-solicitation, confidentiality and other restrictive covenants, and unfair competition.
Our practice includes preparing and reviewing employment contracts, including for U.S. companies doing business in Québec and elsewhere in Canada. We also regularly counsel our clients on termination-related issues with a view to ensuring compliance with the applicable legislation and protecting their rights to the greatest extent possible.
Real Estate
We have represented owners, builders, contactors, developers, financial institutions, lessors and lessees in a broad range of commercial real estate and construction-related disputes.
We have extensive experience in commercial leasing matters. Our practice extends to all forms of litigation arising from disputes centered on commercial leases, agreements with agents and brokers, the failure to comply with promises to purchase or to close transactions, latent or construction defects, and litigation with respect to the registration, enforcement and discharging of real rights (hypothecs) against property, including construction hypothecs (liens).
We approach every case in a strategic, practical and cost-effective manner and ensure that our litigation strategy fully takes into account our clients’ business needs.