APPEALS AND JUDICIAL REVIEW
Appeals and judicial review proceedings require specialized experience and skills that will persuade an appellate court to either uphold or overturn a lower court or tribunal decision.
Our record in appeals and judicial review speaks for itself: our lawyers have successfully represented clients in courts across Canada, including in the Supreme Court of Canada, and have been counsel in a number of precedent-setting appellate court decisions. A number of our lawyers have experience working as judicial law clerks, which has provided a unique insight into the inner workings of the courts and the judicial decision-making process that allows us to better serve your interests.
If you are faced with a complex or challenging appeal, our lawyers have the experience and knowledge to develop a persuasive theory of the case that will persuade appellate courts. Combine that with our skill in preparing and arguing a case, and you will find that we have all the skills necessary to give you every opportunity to succeed in your appeal.
AML COMPLIANCE LITIGATION
Reporting entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its associated regulations, including financial institutions, securities dealers, money services businesses, real estate professionals and casinos, face a complex and ever-changing compliance regime.
FINTRAC, the federal agency responsible for administering compliance with the record-keeping, client identification and reporting obligations under the Act and regulations, has wide-ranging powers to audit reporting entities and can issue substantial administrative monetary penalties for any findings of non-compliance.
Reporting entities that have been cited for deficiencies or that have received a Notice of Violation and a proposed AMP have procedural and legal rights under the Act to challenge alleged findings of non-compliance. These rights include the ability to make written representations to the FINTRAC Director, and to appeal a Director’s decision to the Federal Court of Canada.
Our lawyers have specialized expertise in the FINTRAC compliance regime and have successfully assisted clients who are facing FINTRAC audits, responding to Compliance Examination Findings Letters, Notices of Violation, AMPs and in appeals to the Federal Court of Canada.
Resolving commercial and contractual disputes for businesses, whether large or small, is a core practice area for our litigators. We have experience spanning a wide range of industries and types of disputes affecting businesses including contract, property, shareholder disputes, insolvency and restructuring, business torts and cross-border litigation.
We work hard to understand our client’s business goals. That includes understanding that it is often in a client’s best interests to maintain working relationships with business partners and avoid litigation if possible. Our lawyers are experienced in all forms of dispute resolution, including negotiating practical and creative solutions with stakeholders and business partners without the need to commence litigation.
However, there are times when disputes cannot be resolved out of court. In those cases, our litigators’ experience and the strategic advice we can provide to our clients will assist you in achieving practical and cost-effective resolutions in arbitration and litigation matters.
COPYRIGHT AND ENTERTAINMENT LITIGATION
Intellectual property and contractual rights go to the core of a creator’s professional identity. Whether those rights arise from a song, literary work, software or digital product, the protection of those rights is imperative to the creator’s livelihood and long term success.
Our lawyers are experienced in the areas of copyright and entertainment-related litigation. We have represented clients in a wide range of copyright and entertainment related proceedings before the Federal and Ontario courts, the Copyright Board of Canada and the CRTC.
Whether it means starting a court action, or pursuing negotiations and settlement, our lawyers will work with you to develop a practical and cost-effective strategy that will best protect your rights.
Disputes over the administration of family affairs and the division of family assets can be fraught with complexity and emotion. Our litigators bring and defend claims or seek direction from the court to best assist the needs of our clients. We represent trustees, executors, administrators, heirs and beneficiaries, and persons who feel they have been wrongfully excluded from a share of an estate, in proceedings to challenge the validity of a will, trust or other instrument, in proceedings to address concerns about capacity or undue influence, and in the interpretation of wills determine the respective entitlements of family members.
NUISANCE CLAIMS AND ENVIRONMENTAL LITIGATION
The well known jurist, Dean William Prosser observed, “[T]here is perhaps no more impenetrable jungle in the entire law than that which surrounds the word ‘nuisance’.” The law of private nuisance protects owners from substantial and unreasonable interference with the use and enjoyment of their land. Claims in nuisance often arise in the context of environmental liability and interference with access. The lawyers at Rayman Beitchman LLP have the knowledge and experience to successfully navigate through this area of law.
One of the most recent and influential pronouncements on the law of nuisance in Canada is the Supreme Court of Canada’s decision in Antrim v. Ontario. Shane Rayman was senior counsel for the successful Appellant in this matter. Through this experience, and by representing clients in other matters involving claims for nuisance and environmental damage, Rayman Beitchman has developed considerable experience and understanding in this complex area of law. Rayman Beitchman LLP applies this understanding to simplify such difficult claims, and achieve favorable resolutions for its clients.
PROFESSIONAL LIABILITY AND REGULATION
The delivery of professional services to clients can give rise to allegations of negligence for a breach of professional duties, and can also lead to disciplinary proceedings before a professional regulatory body.
Our litigators have extensive experience prosecuting and defending professional negligence claims and representing professionals in disciplinary proceedings. We regularly act in the courts and before a wide range of administrative and regulatory bodies on behalf of accountants, appraisers, auditors, architects, dentists, engineers, financial advisors, lawyers, paralegals, realtors and other professionals facing complaints, investigations or disciplinary proceedings that allege professional misconduct or the breach of professional standards.
Our extensive experience with professional liability and regulation allows us to advise clients on the most effective strategies and processes to achieve their goals.
PUBLIC AND ADMINISTRATIVE LAW
Public and administrative law is an area where government agencies and the public collide. This area deals with the decision-making powers of administrative agencies, boards, commissions or tribunals that are part of a legislative or regulatory scheme.
The role of administrative tribunals as quasi-judicial decision-makers is expanding rapidly in response to increased delay, cost and complexity in the court system. As a result, the administrative system is exerting more and more power over the public and over regulated professions whose interests collide with those of a federal or provincial agency.
Our lawyers regularly represent clients before a wide range of public boards, commissions and administrative tribunals and in judicial review or appeals of those tribunal decisions. We can assist you or your business in making the best possible case before an administrative tribunal, and in making sure that you are afforded a full and procedurally fair hearing of your case, whether in person or on paper.
For more information on how we may assist, please contact Jason Beitchman at 416-597-5416.
REAL PROPERTY LITIGATION
Disputes over real property rights raise complex and challenging issues. These cases require skill and expertise in both litigation and property law. The lawyers of Rayman Beitchman LLP have the experience and knowledge to be successful in complex real property litigation. They have represented clients involved in disputes between private property owners, as well as litigation between property owners and government.