Bennett Jones is consistently recognized for its expertise in domestic and cross-border litigation. The firm is known for its uncompromising strength in the areas of competition and antitrust, securities, class actions, energy, commercial, intellectual property, fraud, construction, restructuring/insolvency, employment, health, and professional negligence litigation and has prominent practitioners in alternate dispute resolution, including international commercial arbitration. We are committed to working with our clients to develop an effective and cost-efficient strategy to identify and achieve their unique goals in the prosecution and defense of business disputes.
With more than 100 lawyers practicing commercial litigation nationally, Bennett Jones litigators have significant experience in all aspects of dispute resolution, and have leading reputations before courts and tribunals. We represent some of Canada's largest corporations, including energy producers, and technology and telecommunications companies, and are skilled in conducting commercial arbitrations, including those involving issues in the oil and gas, mining and construction industries. Our litigation practice is supported by the considerable strength of our appellate advocacy and judicial review practice which provides clients and referring counsel with specialized and strategic advice on all aspects of cases on appeal or under judicial review.
We are frequently retained by major domestic and international corporations in the defense of class actions. Representing parties at every stage of the lawsuit, from pre-certification motions and applications through to trial, we bring to each phase coordinated strategies and effective communications to streamline the litigation process. We also advise clients on mitigating their class action risk and proactively monitor trends in prospective class action developments.
Recognizing that many disputes are settled prior to trial, our commercial and technical expertise provides another valuable set of skills to the negotiation and settlement of litigation. Our team approach ensures that we provide the most timely, effective and innovative support to our clients. Our lawyers' reputations, contributions to Canadian case law, and distinguished history of service have resulted in top rankings in all major legal directories for many of our litigators, in a multitude of litigation practice areas.
Firm Culture:
Bennett Jones reflects the integrity and professional excellence of the firm’s Founding Partners. After more than 100 years of service, the firm has produced some of Canada’s most accomplished legal and business leaders, fostering values that established it as one of Canada’s most successful business law firms. The firm prides itself on offering clients innovative, strategic and forward-thinking approaches to their most complex legal and regulatory challenges and opportunities. Bennett Jones promotes a diverse and inclusive work environment where mutual respect and independent thought lead client and colleague interactions. Bennett Jones is proud to have been recognized for 23 consecutive years as one of Canada’s Best Employers.
The story of IMK has been unfolding since 1997. Today, our team of 26 lawyers includes 10 former law clerks, 9 of whom clerked at the Supreme Court of Canada. We have lawyers licensed to practice in Quebec, Ontario and New York. All IMK lawyers and staff are fluent in Canada’s 2 official languages, and members of our team speak a total of 12 other languages.
The strength of our team lies in the diversity of its members. We come from a variety of different backgrounds and work together to respond to our clients’ needs. IMK is a firm on the cutting edge and is a place where gender parity exists at all levels of the firm, including the partnership.
Our versatility combined with top-flight professional expertise helps our firm deliver outstanding value.
Our areas of expertise include administrative law, appellate advocacy, arbitration and mediation, civil and commercial litigation, class actions, constitutional law, construction litigation, employment law, estates and trusts law, insurance law litigation, municipal law, real estate litigation, securities and banking litigation and shareholder disputes.
ADMINISTRATIVE LAW
IMK advises on questions of administrative law and represents clients in this area on a regular basis. Representative mandates include civil proceedings, judicial review, representing clients in administrative investigations, and disciplinary actions before various professional orders.
We are in the rare position of having acted both for investigative bodies such as the Autorité des marchés financiers and for investigated parties such as pharmaceutical companies and pharmacies. We also represent lawyers, notaries, doctors, pharmacists, psychologists, accountants and real estate agents in the context of disciplinary proceedings.
APPELLATE ADVOCACY
Appeals require different skills than trials. Our team of experienced appellate lawyers knows how to put your best case forward on appeal.
IMK has been involved in more than 20 appeals on the merits at the Supreme Court of Canada, either as a party or as an intervener. We regularly argue before the Quebec Court of Appeal and have also argued before the Federal Court of Appeal and the Courts of Appeal of Ontario and Newfoundland.
Both the Supreme Court of Canada and the Quebec Court of Appeal have named IMK as amicus curiae in major appeals.
Many of our partners and associates started their careers as clerks at the Supreme Court of Canada or other appellate level courts, giving them invaluable insight into appellate-level decision-making. Whether you are looking to change counsel or simply for a second strategic opinion, our team can help you win.
CIVIL AND COMMERCIAL LITIGATION
IMK has distinguished itself in the areas of civil and commercial litigation including real estate, construction, insurance litigation as well as contract and shareholder disputes. A large portion of our mandates directly or indirectly involves one of these fields.
In addition, IMK acts regularly in extraordinary procedures such as seizures, injunctions and Mareva and Anton Piller orders.
CLASS ACTIONS
Class actions have been part of our stock in trade since the firm was founded in 1997. Our work touches on a number of different areas, including civil law, constitutional law and administrative law. Requiring significant collaborative effort, these files have been instrumental in the development of one of our firm’s hallmark qualities: teamwork.
Class actions can arise in a range of industries and areas of law, and our team can handle them all. In particular, we have experience in class actions involving advertising practices, consumer protection, environmental law, financial products and services, price-fixing, product liability, public law, retiree benefits and securities law.
CONSTITUTIONAL LAW
Our firm has extensive experience in constitutional law. Clients have entrusted us with files involving governmental division of powers, violation of fundamental rights and the constitutionality of numerous laws and bills.
Our representative files include a precedent-setting case before the Court of Appeal permitting the legalization of gay marriage in Quebec. In another case, our lawyers represented the Barreau du Québec in a matter where a number of media organizations were contesting the validity of regulations limiting the recording of images and sound by the media in Quebec courthouses. A number of our lawyers were also involved in the case of the estate of Iranian-Canadian photographer Zahra Kazemi, contesting the constitutionality of state immunity in civil proceedings for torture all the way to the Supreme Court.
Many of our partners and associates started their careers as clerks at the Supreme Court of Canada or other appellate level courts, giving them invaluable insight into major constitutional cases.
SHAREHOLDER DISPUTES
IMK regularly represents clients in shareholder disputes and oppression remedies. Our lawyers have handled cases involving companies of all sizes, across a variety of industries, including start-ups as well as established companies.
We represent both minority and majority shareholders and have experience dealing with a range of oppression remedies, including orders for the communication of documents, damages, and the repurchase of shares.
WHEN IT REALLY MATTERS, GET US THINKING FOR YOU.
Miller Thomson LLP is one of Canada’s leading national business law firms with approximately 500 lawyers. We consistently deliver the highest quality advisory and advocacy skills and expertise required by international clients doing business in Canada. We have more Canadian locations than any other national firm, allowing our lawyers to provide our clients with valuable local knowledge. More specifically, with offices in Montreal, Vaughan, Toronto, Waterloo-Region, London, Regina, Saskatoon, Calgary, Edmonton, and Vancouver, we are uniquely positioned to provide ‘on the ground’ insight and knowledge from the country’s key economic hubs, and under both the common law and civil law systems in Canada.
Miller Thomson’s national advocacy practice comprises close to 200 litigators, organized around a comprehensive range of sub-specialties. Our expertise covers complex commercial litigation, class actions, construction litigation, environmental litigation, insurance defence, IP litigation, health litigation, securities litigation, shareholder disputes, tax litigation, insolvency, and labour & employment disputes, among other areas of litigation support. The national group has extensive experience acting for a wide range of clients in all industry segments in trial proceedings, court applications, arbitrations and appeals at the provincial and federal levels. These clients range from sole proprietorships and individuals to some of the largest and most recognized national and international corporations operating in Canada.
Our litigators look for opportunities for efficient and expedient dispute resolutions. In this regard, our litigators are experienced in mediation and arbitration proceedings of all types, whether required as part of the litigation process or undertaken pursuant to an agreement with the other side to a dispute.
The Group also draws on the firm’s discovery capabilities. Our litigators adopt procedures to drive greater case management and discovery efficiency, thereby mitigating the resource intensive, often costly document production phase of litigation.
We have extensive experience acting for clients in litigation concerning:
Torys LLP is an international business law firm that works with clients who expect the best advice and exceptional service. Torys’ dedication to excellence across practice areas and industries has resulted in an enviable record of experience in Canada and globally. Teamwork is one of the firm’s distinguishing features, reflected in all aspects of how the firm partners with clients and collaborates internally. Long-standing clients continue to retain Torys, not only for its excellent service and legal expertise, but also because of a shared value for lasting partnerships based on trust and respect. The firm serves clients across Canada and globally from offices in Toronto, New York, Calgary, Montréal and its Legal Services Centre in Halifax, Nova Scotia.
Torys’ nationwide disputes practice includes some of the most sophisticated litigators in the country. Bet-the-company commercial claims, reputationally critical class actions, complex arbitrations—Torys has a decades-long track record of high-profile domestic and international experience. Above all, they are skilled advocates: litigators who understand their clients’ business and are true partners vested in their success, inside and outside the courtroom. Beyond commercial matters, Torys’ experience extends to securities litigation, product liability disputes, significant antitrust issues and patent infringements, among others.
Torys’ litigation team draws on the broader firm’s wealth of corporate, compliance and regulatory knowledge to benefit their clients' goals, both in the context of a dispute and to mitigate long-term risk and resolve their most challenging matters.