Litigation study unveiled by Fasken Martineau: Canada more litigious than commonly thought
February 3, 2009
Canada is more litigious than most believe, according to a study commissioned by leading Canadian law firm Fasken Martineau. Over 40% of respondent companies indicated they were involved in some form of litigation over the prior year.
The 2008 Litigation Trends in Canada Study, conducted by Pollara Strategic Insights, was commissioned by Fasken Martineau and surveyed 300 in-house counsel across Canada from companies with 50 or more employees.
Amongst other key findings in the study:
- Labour and employment issues rank the highest in the type of dispute that most concerns Canadian companies according to the Fasken Martineau study. Contracts, personal injury and product liability rank second, third, and fourth, respectively.
- Geographic location has an impact on the quantity of litigation. Companies in Ontario have filed the largest number of suits while those in Québec have the fewest. Similarly, companies in Ontario and in the western provinces have seen the greatest number of disputes launched against them in contrast to Québec and the Atlantic provinces.
- Publicly-held companies are twice as likely as private companies to cite labor/employment issues as the legal dispute which most concern them.
- 70% of the in-house counsel surveyed have employed at least one outside law firm for a legal dispute in the last 12 months.
"This landmark study, conducted by Fasken Martineau, provides us with a benchmark for future surveys with in-house counsel", said Geoff Cowper, a partner at Fasken Martineau and head of the Litigation and Dispute Resolution practice.
"The fact that nine-in-ten in-house counsel feel that outside firms provide the best expertise, are results oriented and understand their company's business is a great testament to the value, quality and skill that firms, such as Fasken Martineau, can bring to the table", added Geoff Cowper.
Copies of the 2008 Litigation Trends in Canada Study can be found online at www.fasken.com/litigation-trends-2008.
Fasken Martineau, which ranks among the four largest law firms in Canada (LEXPERT's 2007 Guide to the Leading 500 Lawyers in Canada), is a leading Canadian business and litigation law firm. With over 650 lawyers, the firm has offices in Vancouver, Calgary, Toronto, Ottawa, Montréal and Québec City, as well as London and Johannesburg. Fasken Martineau DuMoulin LLP is a limited liability partnership under the laws of Ontario, and is registered as such for the purposes of its professional activities in Québec.
For more information please contact:
Stephen Hastings
Director of Communications
Fasken Martineau DuMoulin LLP
Tele: (416) 865-4370
shastings@fasken.com
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Stephen HastingsDirector of Communications +1 416 865 4370 +1 416 648 4076 (cell) shastings@fasken.com
Mathieu Rompré
Communications and Media Specialist +1 514 397 4349 +1 514 298 6739 (cell)
Estelle Giry
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