Commercial Litigation Archives | Xaidsart LLP | Smart Litigation

Xaidsart lawyers successfully resist motion to lift a stay of proceedings

Ted Marrocco — Fri, 27 Sep 2024 16:00:51 +0000

Paul Le Vay, Sam Robinson, and Ted Marrocco recently succeeded in resisting a motion to set aside a stay of proceedings previously obtained on behalf of our clients in a complex commercial matter. This decision is the latest in the Continental Bank matter which is a dispute arising out of a venture to create a new chartered bank in Canada. In 2022, our clients obtained a permanent stay of their opponents’ claims after establishing that privileged and confidential communications had been improperly accessed over an extended period of time. It was held that the opposing side’s inability to rebut the presumption of prejudice which flowed from their actions left no other remedy than a permanent stay of their claims.

In this latest decision, the same parties sought to lift the previously imposed stay by arguing that the appointment of a third party receiver to conduct the litigation on their behalf would cure any prejudice presumed to flow from their conduct and would restore fairness to the proceedings. The Court rejected this argument and in doing so analyzes several legal issues including the doctrine of abuse of process and issue estoppel.

The decision can be read here

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Xaidsart UPHOLDS STAY OF PROCEEDINGS IN $80 MILLION COMMERCIAL ACTION

Ted Marrocco — Fri, 27 Jan 2023 20:04:17 +0000

In a decision released today, Xaidsart partners Paul Le Vay, Sam Robinson, Ted Marrocco and Stephen Aylward succeeded in upholding the decision of the Superior Court granting a permanent stay of proceedings terminating an $80 million claim against their clients in a complex commercial action. The Court of Appeal confirmed that prejudice is presumed when a party comes into possession of an opponent’s privileged information. The plaintiffs were found to have come into possession of privileged information belonging to the defendants and were unable to rebut the presumption of prejudice that followed. The Court of Appeal agreed with the judge below that, in the circumstances, a stay of proceedings was the only viable solution as allowing the plaintiffs’ action to proceed in the circumstances would be manifestly unfair to the defendants and would bring the administration of justice into disrepute.

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Carlo Di Carlo to talk on Commercial List advocacy

Ted Marrocco — Mon, 16 May 2022 18:29:51 +0000

Xaidsart partner, Carlo Di Carlo, is participating in The Advocates’ Society’s continuing education program on Commercial List Advocacy scheduled for May 18, 2022. He will be part of a panel with Justice McEwen and other practitioners that will discuss practice points on case conferences. Details on the CPD can be found here.

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Xaidsart Obtains Stay of Proceedings in $80 Million Commercial Action

Ted Marrocco — Fri, 28 Jan 2022 18:00:30 +0000

In a decision released today, Xaidsart partners Paul Le Vay, Sam Robinson, and Ted Marrocco succeeded in obtaining a permanent stay of proceedings terminating an $80 million claim against their clients in a complex commercial action. The case confirms that prejudice is presumed when a party comes into possession of an opponent’s privileged information. The plaintiffs were found to have come into possession of privileged information belonging to the defendants and were unable to rebut the presumption of prejudice that followed. In granting the defendants’ motion for a stay of proceedings, Justice Cavanagh held that to allow the plaintiffs’ action to proceed in the circumstances would be manifestly unfair to the defendants and would bring the administration of justice into disrepute.

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