Evans Sweeny Bordin LLP
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We are a litigation firm dedicated to advocacy and dispute resolution. Our practice is restricted to civil litigation with emphasis on professional liability, corporate-commercial disputes, shareholder disputes, estate disputes, defamation, personal injury, construction litigation and appeals. We combine our knowledge of the law and our advocacy skills with sound judgment to develop effective strategies for advancing each client’s best interests and for resolving disputes in a timely and cost effective manner. The firm has a long history of representing a broad range of clients from individuals to major institutions.
OUR APPROACH TO THE PRACTICE OF LAW
The foremost quality required in contentious disputes is advocacy skill, both in and outside the courtroom. The second is sound judgment. We have been recognized in the area as both skilled advocates and as effective lawyers. We bring our knowledge of the law to the unique facts of each client’s case. Our broad experience enables us to consider what legal remedies or what legal defences are best applied to advance the particular interests of each client.
Our responsibility to a client is to advise on the most effective strategy to move the dispute to resolution at a reasonable cost. To do that, a plan is formulated between counsel and client. We work with our clients to develop a strategic plan which is revisited as the case develops. We believe in keeping our clients fully informed on progress. On request, we prepare litigation budgets for clients.
We view mediation and principled negotiation as effective tools to find resolution on terms which the parties control and which can foster and repair ongoing commercial relationships. Where settlement is not attainable, we are able to provide clients with the advantage of our extensive trial experience.
The lawyers in this firm share a belief in the value of continuing education and service to the profession. This belief is demonstrated by our service on local and provincial associations and councils, delivering lectures and writing papers, and participating in the arrangement of and presentation of continuing legal education courses.
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[edit] Practice Areas
We are available as a litigation resource. Counsel in conflict situations, solicitors who do not litigate or firms that prefer to send litigation to outside counsel can confidently refer clients to us. We will also provide support to other counsel in appropriate cases.
We represent businesses and corporations, as well as individuals. We regularly act for major institutions in South Central Ontario and have represented the City of Hamilton and McMaster University in a number of major cases. We are recognized by the Lawyers’ Professional Indemnity Company, the insurer of Ontario’s lawyers, as preferred counsel in the Central South region.
Our practice encompasses:
- disputes between shareholders;
- disputes between parties to contracts;
- breach of fiduciary duties;
- property transfers (real estate, goods and negotiable instruments);
- testamentary instruments and estate disputes;
- employment law and education law;
- product liability; and
- professional negligence.
On the tort side, our practice includes:
- abuse of power and process;
nuisance - interference with economic relations;
- conspiracy, fraud and defamation;
- personal injuries and fatalities from autos and other products; and
- intentional torts including assaults.
Inquests, university tribunals, Law Society discipline and O.M.B., License Appeal Tribunal Hearings are representative of our administrative law work.
A sampling of our most recent cases includes:
- Successfully defending Senior Public Health Officers of the former Regional Municipality of Hamilton-Wentworth against a $15 million claim for abuse of process and defamation arising out of the regulation of a second level lodging home (15 month trial - 305 page Decision).
- Defending a municipality in claims by property owners in connection with real estate developments and use of property.
- Representing a Canadian University in a claim by aboriginal bands regarding the administration of regional health contracts.
- Acting on claims by shareholders and associates in oppression remedy disputes in fields such as: the health care industry; the sales tax recovery field; and retail commercial.
- Advocating in fiduciary duty and accounting obligation disputes between partners and between shareholders.
- Assisting as counsel in obtaining an injunction in a historic land claim dispute with public notoriety.
- Obtaining an injunction on behalf of a manufacturer to prevent a utility and the bulk utility provider from terminating the supply.
- Trial to judgment and collection of monies taken by an attorney for property.
- Defending a solicitor in connection with a claim by a client in an assignment of a mortgage.
- Appealing the decision of a Judge in refusing to set aside a Registrar’s Order dismissing an action for delay.
[edit] Lawyers
- John F. Evans Q.C.
- Liza Sheard
- Paul Sweeny
- Michael Bordin
- Andrea M. Hill
- Shane van Engen
[edit] Contact
1 King Street West Suite 1201 Hamilton, Ontario L8P 1A4 Tel: (905) 523-5666
Fax: (905) 523-8098
[edit] Notable Cases
[edit] Public Opinion
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