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Practices

Litigation

Fasken

Canadians have a quiet, but real pride in their country and culture. Despite the many similarities with the United States, litigating in Canada requires American clients to travel to a different country with different laws, procedures and courts.

At Fasken, with our decades of experience, we understand both sides of the border and how to be effective in ways that are successful in Canada. We act as our clients’ translators, guides and coaches to conducting litigation in Canada. Our American clients are often startled to discover that in the province of Quebec life and law is carried out in French, with the legal system evolving from the Napoleonic Code and not the common law.

There are universal principles of persuasion and we are all facing a litigation world that is rapidly changing in response to the challenges and opportunities of international business, changing technologies and the ever-shifting substantive geography of local legislation and policy.

Fasken has a long history of representing American and other international clients before Canadian courts, governments and other tribunals. With over 150 lawyers we provide both a breadth and depth of skill and capacity that is valuable in critical business disputes.

Our team of litigation and dispute resolution lawyers consistently deliver creative and successful strategies to achieve the results required by our US clients. We have pioneered several practices in Canada by adapting from prior American experience in areas as varied as class actions, product liability, insurance, privacy and white-collar crime. What starts in the US often finds itself in a translated form into Canada.

We have partnered with dozens of major US firms and countless in-house departments to absorb the relevant available learning and avoid unnecessary duplication and repetitive work. Our experience with US firms is that a collaborative relationship is rewarding, cost-effective and helps deliver solutions and outcomes that exceed expectations.

We have developed proprietary in-house tools that help achieve these goals, including Waypoint, a legal project management tool which supports tailored early case assessment, decision-making and client communication at every step. Clients will also benefit from EDS, an e-discovery technology powered by the forensic expertise at PwC which saves time and enhances predictive models for any size of dispute and allows for seamless collaboration with other service providers.

Cross-border litigation and relationships often feels like becoming country cousins. We enjoy serving the litigation needs of our fellow North Americans. Despite our differences, we share your work ethic, innovative approach to business problems, and the desire to be the very best in what we do.

Read about our client experience and review the expertise we’ve shared in our publications and presentations. To connect with us, please contact any of our lawyers to discuss how we can help.

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