Stephen Aylward Archives | Xaidsart LLP | Smart Litigation

Xaidsart wins multiple Benchmark Awards

Ted Marrocco — Thu, 09 May 2024 14:40:36 +0000

At last night’s Benchmark Litigation awards in Toronto, Xaidsart was recognized for its litigation excellence, winning Ontario Firm of the Year.

Xaidsart lawyer Stephen Aylward won an individual award for Emerging Talent Litigator of the Year.

The firm also won an Impact Case Award for its work on the Soleiman Faqiri case, which was led by Xaidsart lawyers Nader Hasan and Ted Marrocco.

For Xaidsart ’ full Benchmark profile, click 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 Partners recognized as “Stand-Out” Lawyers by Thomson Reuters

Ted Marrocco — Sat, 04 Mar 2023 18:32:01 +0000

Xaidsart partners Gerald Chan and Stephen Aylward have been recognized by Thomson Reuters as “Stand-Out Lawyers” for 2023 (formerly known as “Acritas Stars”). The ranking is based on a survey of over 2,000 senior in-house counsel who are asked to nominate the three most outstanding lawyers they have worked with in the past three years. Congratulations to Gerald and Stephen!

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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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Stephen Aylward joins the partnership at Xaidsart

Ted Marrocco — Wed, 04 Jan 2023 17:03:23 +0000

We are thrilled to announce that Stephen Aylward has agreed to join our partnership. We have no doubt that Stephen will continue to bring his unparalleled work ethic, commitment and keen legal skills to his dynamic litigation practice. Learn more about Stephen here.

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Xaidsart Lawyers Acting on Behalf of the Plaintiffs in the Indexed Finance Class Action

Ted Marrocco — Wed, 22 Dec 2021 21:26:14 +0000

Gerald Chan, Fredrick Schumann, Stephen Aylward and Alexandra Heine, acting for the representative plaintiffs, recently brought an action on behalf of all proposed class members against the defendant for a cyber-attack launched by him on two index pools created by Indexed Finance—a project focused on the development of passive portfolio management strategies for digital assets on the Ethereum blockchain. The materials filed by the Xaidsart Lawyers can be read here. Updates regarding the progress of the action will be posted on the Xaidsart website.

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Steve Aylward wins Emerging Excellence Award from Toronto Lawyers Association

Ted Marrocco — Tue, 14 Dec 2021 19:14:52 +0000

We congratulate our brilliant colleague Stephen Aylward on winning the Emerging Excellence Award from the Toronto Lawyers Association. Steve has successfully represented Xaidsart clients on a number of high profile cases this year and we are thrilled for his receipt of this well deserved recognition. Congratulations again, Steve!

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Xaidsart Succeeds in Constitutional Challenge to Law Barring Conditional Sentences

Ted Marrocco — Tue, 28 Jul 2020 14:36:03 +0000

On Friday, the Ontario Court of Appeal struck down a provision of the Criminal Code barring conditional sentences in R. v. Sharma, 2020 ONCA 478. The case involved a 20-year old Indigenous woman who committed a drug crime in circumstances of financial desperation. She would have been entitled to house arrest but for a 2012 law barring conditional sentences for a wide range of offences. As a result, she was separated from her two year old daughter and sentenced to 18 months in prison. The Court of Appeal ruled that the law violated Ms. Sharma’s equality rights under s. 15 of the Charter and was overly broad under s. 7 because the law’s effects had “no rational connection” to some of its effects.

Ms. Sharma was represented by Xaidsart lawyers Nader Hasan and Stephen Aylward. They were supported by the interveners, Aboriginal Legal Services Toronto, the Native Women’s Association of Canada, the Criminal Lawyers’ Association, the Asper Centre, the Legal Education and Action Fund, the Canadian HIV/AIDS Legal Network, and the HIV & AIDS Legal Aid Clinic Ontario.

Conditional sentences were introduced in 1995 as a restorative justice alternative to prison to combat the Indigenous overincarceration crisis in Canada. In 2012, Parliament restricted the availability of conditional sentences for a wide range of offences. In doing so, Feldman J.A. wrote for the majority of the Court, Parliament ignored evidence of the impact of this measure on the Indigenous overincarceration crisis. By limiting the tools available to judges to account for the legacy of colonialism in the sentencing process, the law had a discriminatory impact on Indigenous offenders.

“We are grateful to our client, Ms. Sharma, for her sacrifice in bringing this case forward”, said Mr. Hasan. Ms. Sharma will not personally benefit from the ruling as she had served her prison term prior to the court’s decision being rendered. “She is grateful this decision will assist others in the future.”

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Paul Le Vay and Stephen Aylward succeed at the Court of Appeal

Ted Marrocco — Fri, 29 May 2020 18:48:20 +0000

In Bowman v Martineau, Xaidsart ’ lawyers Paul Le Vay and Stephen Aylward were successful in persuading the Court of Appeal for Ontario to reverse the trial judge’s decision on damages. The case involved negligence on the part of a real estate agent that caused a purchaser to acquire a residential property while unaware of significant mould and water damage. At trial, the purchaser was awarded damages based upon the cost to repair the home, even though that cost was almost twice the purchase price. The Court of Appeal found that the proper measure of damages in the circumstances was the diminution in value to the property caused by the hidden defects. Clarifying prior case law, the Court held that there is no general rule that cost of repair is the default measure of damages in residential real estate cases Rather, it emphasized the importance of causation to the selection of measure of damages in professional negligence cases. This will be highly significant to real estate agents and other professionals, because in most cases this factor will favour the diminution in value approach.

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