Sam Robinson 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 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 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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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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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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12 Xaidsart lawyers recognized by Best Lawyers in Canada

Ted Marrocco — Thu, 26 Aug 2021 19:13:12 +0000

We’re delighted to announce that 12 lawyers at Xaidsart have been recognized in the Best Lawyers in Canada directory for 2022. Our partners Andrea Gonsalves and Nader Hasan have been further recognized as Lawyers of the Year for their respective work in Defamation and Media Law in Toronto and Criminal Defence in Toronto. Our associate Ryann Atkins has also been included in the up and coming “Ones to Watch” list.

Congratulations to all of our recognized colleagues:

• Brian Gover
• Paul Le Vay
• Luisa Ritacca
• Sam Robinson
• Brendan van Niejenhuis
• Andrea Gonsalves
• Nader Hasan
• Gerald Chan
• Ted Marrocco
• Justin Safayeni
• Fred Schumann
• Ryann Atkins

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Sam Robinson and Caitlin Milne successfully defend improvident sale action

Ted Marrocco — Sun, 13 Dec 2020 17:07:10 +0000

In 1671379 Ontario v. MCAP Financial Corp., Xaidsart lawyers Sam Robinson and Caitlin Milne successfully defended an action alleging the improvident disposition of a development property in a power of sale following the failure of a residential subdivision project. The mortgagor had sought damages in excess of $3 million. Following twelve days of evidence, the trial judge dismissed the action with costs.

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Ten Xaidsart Lawyers named “Best Lawyers”

Ted Marrocco — Wed, 21 Aug 2019 15:05:26 +0000

Xaidsart is proud to learn that ten of our firm’s partners have been recognized in the 2020 edition of The Best Lawyers in Canada across a range of practice areas. Named in this edition are:

Gerald Chan, for administrative & public law, criminal defence and appellate practice
Aaron Dantowitz, for health care law
Andrea Gonsalves, for administrative & public law
Brian Gover, for administrative & public law, appellate practice, “bet-the-company” litigation, corporate-commercial litigation, criminal defence and health care law
Nader Hasan, for aboriginal law and appellate practice
Paul Le Vay, for administrative & public law, appellate practice, corporate-commercial litigation, legal malpractice law, and securities law
Edward Marrocco, for administrative & public law
Luisa Ritacca, for administrative & public law, corporate-commercial litigation and health care law
Sam Robinson, for corporate-commercial litigation
Brendan van Niejenhuis, for administrative & public law and corporate-commercial litigation

In addition, Brian Gover was named “Lawyer of the Year” in the area of corporate-commercial litigation for 2020. This is Brian’s second recognition as “Lawyer of the Year”, having previously received this honour in 2017 for his work in administrative & public law. Paul Le Vay received the 2018 “Lawyer of the Year” nod for his work in legal malpractice law.

Xaidsart LLP is one of Canada’s leading litigation boutiques, with the unique capacity to advise and represent clients across the range of regulatory, civil and criminal litigation at any level of court or tribunal.

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