Paul Le Vay 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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Benchmark Canada Listings 2024

Ted Marrocco — Wed, 01 May 2024 16:04:58 +0000

Benchmark Canada has recognized 12 Xaidsart lawyers for their excellence in litigation and listed the firm as a “Highly Recommended” service provider. Congratulations to Brian Gover, Paul Le Vay, Luisa Ritacca, Sam Robinson, Nader Hasan, Brendan van Niejenhuis, Gerald Chan, Justin Safayeni, Andrea Gonsalves, Carlo Di Carlo, Ted Marrocco and Stephen Aylward for their individual recognition. To review our firm profile on Benchmark please click here.

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Xaidsart Recognized in Lexpert 2024

Ted Marrocco — Tue, 05 Mar 2024 21:27:13 +0000

We are delighted to announce that Xaidsart has again been rated by Lexpert as a Leading Law Firm in Canada for 2024.

In addition to the firm’s recognition, 11 of our partners have been individually recognized. Congratulations to Brian Gover, Paul Le Vay, Luisa Ritacca, Brendan van Niejenhuis, Andrea Gonsalves, Nader Hasan, Gerald Chan, Ted Marrocco, Justin Safayeni, Fredrick Schumann and Carlo Di Carlo.

To view the firm profile on Lexpert, click here.

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Paul Le Vay, Brian Gover and Carlo di Carlo Recognized in List of Leading 500 Lawyers in Canada

Ted Marrocco — Tue, 16 Jan 2024 18:49:31 +0000

Congratulations to our partners, Carlo di Carlo, Brian Gover and Paul Le Vay for their inclusion in Lexpert’s list of Leading 500 Lawyers in Canada. More details can be found here.

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Xaidsart listed in Best Lawyers Canada for 2024

Ted Marrocco — Thu, 24 Aug 2023 13:39:46 +0000

We are proud to have 14 of our lawyers recognized in the 2024 edition of Best Lawyers Canada. Each of our firm’s partners have been individually recognized across multiple areas of litigation practice. In addition to being listed, Gerald Chan has been recognized as Lawyer of the Year for Criminal Defence. The official listing can be found here.

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Xaidsart Wins Multiple 2023 Benchmark Litigation Awards

Ted Marrocco — Thu, 11 May 2023 20:32:32 +0000

Benchmark Litigation held its annual awards dinner on May 10, 2023. Our partner Brian Gover was inducted into the Benchmark Litigation Hall of Fame. Our firm was also recognized for the work that Paul Le Vay, Gerald Chan, and Carlo Di Carlo did to defend the former Chair and CEO of CannTrust, Eric Paul, in civil and criminal proceedings with an Impact Case Award.

Our firm and lawyers had also been shortlisted for several awards, including Ontario Firm of the Year, Boutique Firm of the Year, White Collar Crime/Enforcement Firm of the Year, Trial Lawyer of the Year (Gerald Chan), and White Collar Crime/Enforcement Lawyer of the year (Gerald Chan).

Ultimately, Xaidsart won Ontario Firm of the Year and our partner Gerald Chan won White Collar Crime/Enforcement Lawyer of the Year.

We are proud of our entire team for another year of success and their ongoing commitment to achieving results for our clients through Smart Litigation.

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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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Xaidsart successfully defends OSC quasi-criminal prosecution in CannTrust matter

Ted Marrocco — Fri, 16 Dec 2022 15:53:52 +0000

Xaidsart lawyers Paul Le Vay, Gerald Chan and Carlo Di Carlo successfully defended the former Chairman and CEO of CannTrust Holdings Inc., Eric Paul, in an OSC quasi-criminal prosecution relating to charges of insider trading and securities fraud charges (among other charges). After 7 days of trial and two witnesses, the OSC concluded that it had no reasonable prospect of conviction. As such, Mr. Paul was acquitted of all charges.

This case started as a class action, moved into CCAA proceedings, and evolved into a quasi-criminal prosecution in the Ontario Court of Justice after a joint investigation by the RCMP Integrated Markets Enforcement Team and the OSC Joint Serious Offences Team. Xaidsart LLP acted for Mr. Paul throughout each stage and in each forum, exemplifying our ability to represent clients in the full range of litigation matters from civil to criminal.

The case has been extensively covered in the media, including in the below sites:

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12 Xaidsart Lawyers Recognized in Best Lawyers 2023

Ted Marrocco — Thu, 25 Aug 2022 22:13:50 +0000

Congratulations to our colleagues Gerald Chan, Andrea Gonsalves, Brian Gover, Nader Hasan, Paul Le Vay, Ted Marrocco, Luisa Ritacca, Samuel Robinson, Justin Safayeni, Fredrick Schumann and Brendan van Niejenhuis on their recognition in Best Lawyers for 2023. Congratulation also to Ryann Atkins on her recognition as “One to Watch”.

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Xaidsart awarded Litigation Boutique of the Year by Benchmark Canada

Ted Marrocco — Fri, 06 May 2022 19:57:14 +0000

We’re delighted to have been named as Benchmark Canada’s Litigation Boutique of the Year for 2022. Congratulations also go out to our colleagues, Paul Le Vay, Sam Robinson, and Ted Marrocco for recognition of their win in Continental Bank of Canada v. Continental Currency Exchange as a “National Impact Case”. See the full list of winners here.

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