Disputes & Litigation

 

I personally welcome you to our firm and I invite you to browse our site.

As we enter our 15th year of service, I am most proud of the team we have built.  We have knowledgeable, energetic, and experienced lawyers and staff who want nothing more than to achieve results for our clients.

Our mission is to resolve disputes where possible and,  if necessary, to advocate on behalf of our clients through formal proceedings (litigation).  This is who we are and it is at the very heart of what we do.

Our record speaks for itself.  Feel free to browse our reported cases section which includes many, but not all, of our trial and appeal wins over the past 15 years.

Our clients also speak for us.  Feel free to browse our testimonials section which includes many, but not all, of the positive ratings and reviews we have received over the past couple of years.

We abide by the three “P”s of Paynelaw:  Preparation, Professionalism, and Perseverance.

When selecting a law firm to represent you in negotiations, or when escalating a dispute by way of formal proceedings, you should always ensure that your chosen firm has vast trial and appeal experience.  More importantly, you should ensure that the prospective firm has maintained an impressive record of successes at trial and on appeal (beyond ‘sales talk’, these cases should be widely and publicly reported).  While each case is unique, a civil litigation lawyer’s proven ability to win is a very important consideration.

Having counsel that has a proven track record in formal proceedings can provide you with important leverage in negotiations.  When considering a law firm to represent you, you should also consider the satisfaction of other firm clients.  As the majority of cases do settle prior to formal hearing (over 98% of our cases settle well in advance of hearing), you should also ensure that those results are just as impressive as the firm’s trial and appeal record (if not more so).

In some cases, a client may want to take a case to trial or appeal, even though it appears to be a risky proposition (for example, for public policy reasons such as encouraging the government to change legislation, etc.)  While such cases do arise, it is important that you understand what your prospects are before moving forward with any formal steps.  An important part of the solicitor-client relationship is ensuring that you are well informed about the process.

Each case requires a strategy.  Make sure your strategy is backed by a proven track record.

 

Yan David Payne, Barrister and Solicitor

 

WHAT CAN WE HELP YOU WITH?

All of our lawyers are experienced researchers, negotiators, and litigators.  Payne Law lawyers have been retained to lead a variety of litigation cases and each of us has particular areas of focus.  Our lawyers have represented clients through audit, objection, and tax appeals, contentious estate litigation, defamation actions, partnership and shareholder disputes, commercial transactions gone wrong, real estate litigation, negligence, professional liability (suing a lawyer or accountant), construction lien matters, wrongful and constructive dismissal matters, residential and commercial leasing/tenancy disputes, professional negligence, and complex appeal proceedings, among many others.

The consistent focus of our practice is dispute resolution.  Over 98% of our cases settle well ahead of trial.  Where an acceptable settlement cannot be reached, our lawyers thrive in trial and appeal settings.

The courts have various specialized divisions  in terms of both substantive law and monetary jurisdiction.  In many disputes, a client may have various alternative options available to prosecute their claim through court or through one or more of various specialized tribunals.  If you are not careful, you may inadvertently choose a process that could have the effect of waiving your rights to even greater damages and other relief.  In other cases, a  client may have the option of prosecuting their claim simultaneously with two or more processes.

Courts and tribunals often have different procedures with varying deadlines and different rules dealing with the admissibility of evidence.  Finally, some courts, such as the Superior Court of Justice, will have alternate internal procedural rules depending on such factors as the monetary award being claimed.

Although some clients will retain a counsel well in advance of any dispute with the aim of avoiding potential liability, most will retain a lawyer when they decide to sue or when they are being sued.  Your lawyer should assist you in canvassing solutions out of court, including finding common ground for a settlement.  Early settlements can be beneficial to both sides in that they save time and expense and take risk out of the equation.  Prior to commencing any proceedings, you should discuss with your lawyer all of the procedural stages involved in your case from filing your pleadings through to formal hearing and onto enforcement of your Judgement.  It is especially important to discuss strategy with your lawyer and to ensure that you agree with his or her approach to resolving your dispute.

 

IN-DEPTH, IN-PERSON CONSULTATION

We offer a substantive in-person consultation for $250+tax which includes document review, legal advice, and strategy discussion.  The consultation fee is fully creditable to future services if we are retained to represent you in negotiations or formal proceedings.

 

The above does not constitute legal advice and is for information only.  Should you require legal advice, please contact us directly.