Business Litigation
Members of our Business Litigation practice group resolve all types of matters, including:
Lindsay Kenney LLP litigators appear before all levels of courts at arbitrations, mediations and before various administrative tribunals. Some situations may require aggressive action, which may mean quickly obtaining an injunction, and conducting an expedited trial rapidly. In other matters, the client's interests may best be served by negotiation or mediation. Our first concern is to reach a successful business resolution by crafting creative and cost-effective approaches which lead to outstanding results for our clients.
Corporate Finance & Securities
Our Corporate Finance and Securities Group is experienced in a broad range of private financings. We represent a wide variety of private issuers including established corporations, entrepreneurial companies, partnerships and mortgage investment corporations. We also represent selling security holders and various types of investors in a wide variety of domestic financings. We assist our clients with compliance matters, including corporate governance, disclosure obligations, stock exchange requirements and other securities regulatory matters.
Corporate & Transactional
Lindsay Kenney LLP represents a wide range of business clients ranging from individuals and organizations to mid-market business and large corporations. As well as providing general advice, we assist with a broad array of transactions, including:
Members of the Corporate and Transactional Litigation group appear before all levels of British Columbia and Canadian courts, at arbitrations and mediations, and before various administrative tribunals.
Lindsay Kenney LLP acts for clients involved in many areas of commercial enterprise in Canada, the Pacific Northwest and internationally. This includes clients in construction, manufacturing, engineering, the hospitality industry, tourism, shipping, service sectors and a variety of distribution and retailing businesses.
Director & Officer Liability
Lindsay Kenney’s Director and Officers Liability Group represents clients on a broad range of corporate governance issues. Our lawyers provide advice to boards of directors, board committees, individual directors, and management. We have been retained by public and private sector organizations to assist with governance development. We frequently assist clients in matters such as:
Intellectual Property & Privacy
The lawyers in our Technology and E-Business law group represent a wide diversity of clients ranging from individual authors, publishers and entrepreneurs to software developers, video game developers, franchising businesses, financial institutions and major not-for-profit organizations. Our Group includes Canadian registered trade-mark agents.
Our solicitors are experienced in assisting individuals and organizations with a broad range of technology and e-business related matters, including:
Labour & Employment
The lawyers in the Lindsay Kenney LLP Employment Law Practice Group have experience handling and advising clients on a wide range of employment related issues. We act for both employers and employees in various matters. We represent our clients in wrongful dismissal claims and human rights complaints. We also frequently act in proceedings concerning post-employment competition issues. In addition to representing our clients in court proceedings, we also act before administrative tribunals on employment related matters. We pride ourselves in providing creative, yet practical, advice and solutions to your problems. Some of the areas where we provide services include:
In addition to representing our clients in court proceedings, we also act before administrative tribunals on employment related matters. We pride ourselves in providing creative, yet practical, advice and solutions to your problems.
Real Property, Land Use & Municipal
The lawyers in Lindsay Kenney’s Real Property and Land Use Group has the experience and capacity to take on simple to the most sophisticated transactions in today’s changing marketplace. The Group is active in development, acquisition, leasing and disposition of a broad range of properties. Our lawyers are currently retained by developers, public and private sector entities with real estate needs ancillary to their core business, and companies which acquire and manage property as their core business. The Group provides legal services with a focus on:
Technology & Internet
Whether your core business is in technology or any other field, there are very few businesses today which to not make use of the Internet in some way. Whether you use it as a means of staying in touch with clients and customers, providing information to customers or potential customers, or doing business online, or, as is often the case, all three, we can assist you in navigating your way through the legal issues related to having a presence on the Internet.
The lawyers in our Technology and Internet group represent a wide diversity of clients ranging from individuals to software development companies, video game developers, franchising businesses, financial institutions and major not-for-profit organizations. Our Group includes Canadian and US registered trade-mark agents.
Dispute Resolution
There may come a time when your business cannot avoid litigation. When it does, you need the best representation possible. You need lawyers who will give you candid and accurate advice and will represent your business in an effective, yet practical way. The litigation lawyers at Lindsay Kenney LLP are committed to providing our clients with just such representation and service.
Our litigation department has the talent and experience to best represent your needs. We frequently work in teams to provide the best service to our clients, while still maintaining a personal connection to your case.
Our litigation lawyers have appeared in all levels of courts as well as before many administrative tribunals and agencies. The litigation lawyers at Lindsay Kenney LLP will do their best to help you try to resolve your legal problem successfully and in a cost-effective way. If your problem must go to court then we will provide your business with effective representation and advocacy.
Our litigation lawyers have experience with a wide array of legal areas. For example, our lawyers handle problems arising from:
This list by no means covers all of the areas of law that we have experience in. If you have a particular litigation problem please feel free to contact one of the lawyers listed below to discuss how we can help your business.
Construction & Engineering
At Lindsay Kenney LLP our solicitors prepare development and construction contracts and financing documentation for all types of parties involved in construction including banks, developers, contractors and consultants. If problems are encountered during or after construction, our litigation lawyers have extensive experience in the resolution of disputes, with services ranging from builders' liens, deficiency and warranty claims to major construction failures and losses. With two of our lawyers qualified as Professional Engineers (civil engineering), we offer clients unparalleled service and experience and can work directly with construction experts communicating in their language to provide our clients with efficiently and economically handled disputes.
Fire Litigation
Lindsay Kenney LLP believes that the complex, technical nature of fire losses requires a focused and timely approach. Our experience has shown that detrimental results occur due to inadequate initial investigation. Our involvement may be minimal or extensive, depending upon the complexity and monetary value of the loss. Each insurance claim has its own unique characteristics which raise many diverse and complicated legal issues. As a result the investigation and litigation of fire losses has become an intricate combination of art and science. We have demonstrated knowledge and training in the technical and scientific aspects of such claims.
Our objective is to eliminate problems at an early stage and assist in the efficient and economical handling of claims. Fires are technically complex and we provide assistance and direction in the proper selection of appropriate experts to ensure proper analysis.
Group members continue to augment their legal training with specific technical training in such areas as:
Arson is the most blatant fire-related fraudulent claim, and our broad experience has strengthened our ability to handle all types of fraudulent claims:
We work closely with the appropriate authorities and in-house special investigation units of insurance companies. Litigation is professionally handled using the best tools and techniques at our disposal to help us reach our goal: eliminate the claim, reduce other fraudulent claims and recover investigation and adjusting expenses.
Our legal experience and understanding of technical issues enables us to handle fire related claims in an efficient, comprehensive and innovative fashion.
Fraud Litigation
Responding to fraud requires specialized legal skills and experience. Some frauds involve schemes that have been around for ages. Others involve new and complex conspiracies that are aided by developing technologies. The Lindsay Kenney LLP Fraud Litigation Group is made up of experienced lawyers who are always taking measures to stay on top of the latest developments.
Our success lies in our ability to respond to the various types of frauds that a business, institution or person may suffer. We handle litigation involving large complex conspiracies committed by clusters of fraudsters and fraudulent schemes committed by individuals acting alone. We represent our clients to maximize their recovery and to minimize their losses in the future. We act in cases involving:
For more information, please feel free to contact the head of our Fraud Litigation Group, Frank Potts, or any of the members of our Group listed below.
Highway Maintenance
We have significant experience in matters relating to highway maintenance, including personal injury and property damage claims and litigation. We can provide everything from initial investigation and advice to experienced counsel for litigation through trial and appeal.
Lindsay Kenney's lawyers have working relationships with the leading forensic accident reconstruction engineers, environmental assessment and remediation consultants, climatologists and meteorologists, and other experts which are typically involved in claims arising from highway maintenance issues. By utilizing their specific knowledge and expertise and our claims and litigation experience, we are able to provide dependable and cost-effective legal services.
Insurance Coverage
Insurance coverage is a technically demanding area of the law in which the lawyers at Lindsay Kenney LLP are particularly adept. A quick, efficient and correct analysis of coverage is usually the starting point for the successful resolution of claims. We have been advising insurers upon coverage issues for decades and have helped to shape the law in this regard. Homeowners, Business Interruption, Commercial General Liability, Wrap-up Liability, Course of Construction, Motor Vehicle Liability, Boiler and Machinery, Professional Liability, Directors & Officers Liability, Fidelity and other types of insurance are among the areas that we have assisted insurers in navigating.
Insurance Defence
When an insured has a legal problem, insurers often look to Lindsay Kenney to provide the defence. Our lawyers are experienced in the defence of all types of liability claims, including those arising under Homeowners, Commercial General, Professional Liability, Directors & Officers, Motor Vehicle and other types of liability policies. They know how to isolate the key issues and move litigation toward resolutions quickly, efficiently and correctly.
Liquor Liability
Our experienced Liquor Liability practice group defends clients in host liquor liability litigation including commercial host, employer host and social host liability. We also represent clients with disputes or licensing issues before the Liquor Licensing Board. To minimize exposure to potential lawsuits, at Lindsay Kenney LLP we also frequently assists clients with the comprehensive evaluation of existing liquor liability programs and the development of new programs, as well as regularly providing in-house training seminars.
Motor Carrier Cargo
Lindsay Kenney’s Motor Carrier Cargo Group frequently represents private and commercial organizations on transportation liability. The Group provides a range of legal services in this area, including:
Our lawyers have represented and defended clients in cargo loss and damage, private carriers liability, and hazardous materials. In complex matters, our lawyers have the experience and capacity to resolve the matters through court, mediation, or arbitration.
Motor Vehicle Accident Law
Lindsay Kenney LLP has a broad base of experience dealing with insurance claims arising from motor vehicle accidents, including advising our insurance company clients with respect to coverage issues, and the defence of personal injury and accident benefits claims. Our handling lawyers are assigned based upon the complexity of the claim to ensure that the client is consistently provided with the highest level of service at the most economical cost. We have developed specialized expertise and legal resources in the area of motor vehicle accident claims which allow us to provide concise, timely and cost-effective legal advice to our clients. Whether the claim is simple or complex, the Insurance Group at Lindsay Kenney LLP has the resources and experience to understand the issues and provide client-focused solutions.
Occupiers Liability
The insurance lawyers at Lindsay Kenney LLP have extensive experience in all matters relating to Occupiers Liability regarding both residential and commercial premises. We have acted at all levels of court, successfully representing clients in matters involving slip and falls on wet, dry, and/or icy surfaces, claims arising out of property maintenance including insufficient lighting and claims arising out of faulty design of the premises. The combined years of experience in our department ensure that even the smallest claims relating to Occupiers Liability are dealt with correctly and efficiently. We have experience in a vast range of injuries resulting from Occupiers Liability, including everything from temporary minor soft tissue injury, to permanent catastrophic injuries including brain injuries and paralysis.
Products Liability
Our Products Liability practice group has experience handling cases involving a wide range of products. We have handled property loss, personal injury and death claims, economic losses and insurance coverage issues. We represent manufacturers, distributors, retailers, and repairers of products from all industries, as well as individuals and businesses who may have been harmed by defective products.
Products liability cases often require a different approach from other types of litigation. Often it is important for your legal advisor to understand highly technical and complex issues. The lawyers in our group work hard to understand the products liability issues confronting our clients. At Lindsay Kenney LLP our lawyers recognize and possess the experience, sensitivity and skill required to both defend and pursue important products liability claims. Whether we are dealing with a case that should be resolved by using alternative dispute resolution, or one that must be fought to the bitter end, we provide our clients with effective and practical representation.
Professional Liability
Professional liability is a complex area of insurance law that has been a preferred area of practice at Lindsay Kenney for many years. We are routinely retained by liability and errors and omission insurers to defend a wide variety of professionals situated throughout British Columbia. Our lawyers act in the context of both litigation and in matters before regulatory bodies. The practicing professionals for whom we are retained are often faced with litigation for the first time and the involved stress and uncertainty can be enormous. We foster a co-operative and inclusive relationship between ourselves, the insurer and the insured professional to install confidence and to provide an efficient mechanism by which each is fully involved in management of the file. Our lawyers employ proactive tactics to ensure the dispute moves toward resolution quickly and efficiently.
Lindsay Kenney provides exemplary legal services to a variety of professionals, including health care practitioners, dentists, physiotherapists, massage therapists, naturopaths, social workers, counselors, eye and laser clinics, veterinarians, accountants, receivers, directors and officers and insurance brokers. Two of our lawyers are qualified as Professional Engineers (Civil) and are routinely retained on behalf of engineers, architects and construction technicians.
Property & Business Interruption
Lindsay Kenney LLP has broad experience dealing with insurance claims arising from Property & Business Interruption. We have acted in numerous matters in which business operations have been interrupted, often as a result of sustaining property damage. Our lawyers are familiar with all types of property and business interruption insurance polices and can advise clients of the rights and obligations arising out of such policies.
Reinsurance & Excess Insurance
Lindsay Kenney LLP has extensive experience in all matters relating to Reinsurance and Excess Insurance coverage. The lawyers in our Insurance group have represented the interests of numerous reinsurance and excess insurers under a wide range of coverage policies. Our lawyers are experienced in representing the interests of reinsurers and excess insurers in coverage litigation and work to protect their interests by monitoring the activities of primary insurers.Ipsum is simply dummy text of the printing and typesetting industry.
Sports & Recreation
Lindsay Kenney LLP has extensive experience in the increasingly specialized area of sports and recreation law. With expertise in personal injury and occupiers liability defence work, our lawyers have achieved cost-effective results at all levels of court for municipalities, owners and occupiers of recreational facilities, amateur sports organizations and associations incorporated under the Society Act. Our familiarity with waivers, releases and assumption of risk issues enables us to provide our clients with an early and accurate assessment of quantum and available defences in claims arising from sports and recreation activities.
Subrogation
The lawyers in the Lindsay Kenney LLP General Insurance Practice Group have extensive experience in the prosecution of subrogated actions. For example, our members routinely achieve practical and effective resolutions of high-profile fire loss, environmental disaster, product-liability and complex industrial loss claims. Whether through negotiated settlement, arbitration or trial, our lawyers possess the expertise to achieve the most appropriate resolution of a subrogated claim in any situation. In addition, members of our team play a pivotal role in keeping our clients informed of legal updates and new developments in insurance law through seminars and conferences hosted by our Firm. As insurers, our clients often rely on us to provide an immediate response in the event of an accident or other disaster.
Trial & Appellate
There may come a time in your personal or professional life when litigation cannot be avoided. When it does, you need the best representation possible. You need lawyers who will give you candid and accurate advice and will represent you or your business in an effective, yet practical way. The litigation lawyers at Lindsay Kenney LLP are committed to providing our clients with just such representation and service.
Our litigation and insurance departments has the talent and experience to best represent your needs. We frequently work in teams to provide the best service to our clients, while still maintaining a personal connection to your case.
Our litigation lawyers have appeared in all levels of courts as well as before many administrative tribunals and agencies. The litigation lawyers at Lindsay Kenney LLP will do their best to help you try to resolve your legal problem successfully and in a cost-effective way. If your problem must go to court then we will provide you or your business with effective representation and advocacy.
This list by no means covers all of the areas of law that we have experience in. If you have a particular litigation problem please feel free to contact one of the lawyers listed below to discuss how we can help you or your business.
Transportation
Lindsay Kenney LLP's Transportation Law Practice Group has extensive experience in advising and representing clients in all aspects of law relating to the transportation industry. In particular, members of our group routinely act for Crown corporations, ship owners and operators, towing firms, brokers, agents, trucking operators, aircraft owners and operators and in matters related to marine and industrial loss. We advise and act for clients on regulatory, financing and commercial issues, as well as assist in the resolution of contract disputes, liability claims, insurance, personal injury matters and workers’ compensation issues. Our clients rely on us to provide an immediate response in the event of an accident or other disaster.
Banking & Secured Lending
Our Banking and Secured Lending group acts for lenders and borrowers in loans ranging from conventional residential mortgages to complex commercial and real estate development multi-lender transactions. We advise our clients on appropriate security structure and prepare all types of loan documentation, including real property mortgages, personal property security, ship's mortgages, guarantees, syndicated loan agreements and all related documentation. We also assist lenders with their own internal requirements such as real estate interests, employee conflict advice, standardized document preparation and in-house seminars.
Realization & Insolvency
Our Realization and Insolvency group provides assistance to clients on issues ranging from basic bankruptcy claims to complex and sophisticated reorganizations. We act for lenders on all insolvency related issues including foreclosures, bankruptcies, receiverships and workouts. We also assist clients in structuring their affairs to avoid insolvency and bankruptcy and to minimize its impact.
Our Real Property, Land Use and Municipal group is active in residential and commercial transactions and development. Our clients include developers, lenders and investors. Legal services focus on:
Environmental
Real Property and Land Use
Municipal Compliance
The Municipal Compliance solicitors provide legal services to a client affected by the regulatory laws of local government. In addition, in a proactive sense, the group provides advice to assist clients with business or investment strategies. This strategic advice is given not only when dealing with the potential effect of any land use regulation on businesses or investments, but also by advising businessmen and investors of the most efficient legal means to avoid or minimize detrimental affects of such regulations.
The Municipal Compliance group works closely with lawyers in the Practice Group in order to provide comprehensive legal advice. Any lawyer who handles the problems of a client is supplemented by the advice of the Municipal Compliance group, when and as necessary, from a strategic point of view.
Should it become necessary to deal with local government by taking a matter to the courts, Lindsay Kenney LLP will provide competent and experienced counsel to ensure the matters are dealt with efficiently and wisely.
Our solicitors prepare development and construction contracts and financing documentation for all types of parties involved in construction including banks, developers, contractors and consultants. If problems are encountered during or after construction, our litigation lawyers have extensive experience in the resolution of disputes, with services ranging from builders' liens, deficiency and warranty claims to major construction failures and losses. With two of our lawyers qualified as Professional Engineers (civil engineering), we offer clients unparalleled service and experience and can work directly with construction experts communicating in their language to provide our clients with efficiently and economically handled disputes.
