Publications

Plaintiff awarded both their Damages and a Disgorgement of Profits by the Defendants – Alberta Court of Appeal	Download
Indutech Canada Limited was awarded both their damages, and a disgorgement of the Defendants’ (Gibb Pipe Distributors Ltd.) profits. The judge found that GPD had breached the agency agreements, and the fiduciary and good faith duties owed by GPD to Indutech. The decision by the Court of Queen’s Bench of Alberta was upheld by the Court of Appeal.

Reframing of damages leads to $84.75 million award	Download
Justice Gans awarded $84.75 million to Livent Inc against Deloitte & Touche LLP because the damages claim was re-framed as a suit brought by the company, rather than by the investors in the company.

Sometimes a Rigorous Accounting Can Help Resolve the Dispute	Download
An elderly gentleman received assistance from his neighbours, i.e., with grocery shopping, snow shoveling and visits to the doctor. He transferred funds to his neighbours over the course of a number of years. After his death, his executor questioned the funds transferred.

Plaintiff’s Choice of Damages Expert Derails Arbitration	Download
In the course of an arbitration, with Mr. Goldman as the arbitrator, the plaintiffs chose Mr. Stulberg as their damages expert. In a separate court case, Mr. Goldman, as counsel, had retained Mr. Stulberg as his damages expert. Both cases involved the application of the Wishart Act.

"Sanity Check" on Damages can Highlight Important Issues	Download
Taking the damages claim and subjecting it to a "sanity check" can highlight important issues. Both Plaintiffs and Defendants can benefit from the process.

Mitigation is Important: SCC	Download
A plaintiff’s claim for damages was reduced to $1 (one dollar), from $1.9 million because they failed to mitigate.

Court of Appeal for Ontario - My Testimony on Damages Helped Win this Case on Appeal	Download
My testimony as an expert on damages before The Superior Court of Justice helped the defendants to win this case. The Appeal by the plaintiff (appellant) was dismissed by the Court of Appeal in a decision dated October 16, 2012.

The Taxpayer’s Damages are not necessarily the amount of the Reassessment.	Download
A recent full page article in the Globe focused on CRA’s crackdown on tax shelters. If you are representing a taxpayer, or defending one of their advisors, in a dispute over tax shelters, it is important to keep in mind that the taxpayer’s damages are not necessarily the amount of the reassessment. The quantum of the taxpayer’s damages requires a separate calculation.

Quantifying All Possible Outcomes Drives Settlement	Download
I identified that the numerical fact pattern in this case allowed quantification of all of the possible outcomes. This helped counsel drive this case to a favourable settlement.

Failure to Understand Their Damages Can Cost Plaintiffs Money	Download
If the Plaintiff overestimates their damages they may pursue litigation where the financial payback is not there. Alternatively, if they underestimate their damages they may leave money on the table.

Mobius Corp. v Farm Boy Inc.	Download
My testimony as an expert on damages before the Superior Court of Justice helped the defendants to win this case.

Arthur Wishart Act Sparks Litigation	Download
The Wishart Act has sparked considerable litigation, both: a) between franchisors and franchisees, and b) between franchisors/franchisees and their advisors.

Timothy's Coffees v. an Ottawa Franchisee Two Interesting Findings re: Damages	Download
On the damages side, there are two interesting findings in this case: First: the damages awarded were calculated based on the income lost by Mr. Salah, even though technically he is not a party to the franchise agreement. Second: the damages awarded were not reduced by income that Mr. Salah will potentially earn in the future.

Price Check Foods v. Gowlings – a Strong Message on Damages	Download
This recent decision brings forward some strong messages about plaintiffs' claims for damages, as well as liability. One of the key messages is the confirmation of the responsibility of the plaintiff to establish damages, and the quantum of damages, through sufficient evidence.

Krispy Kreme Donuts Plaintiff Collects Damages Twice Court Sends a Message to Co-Investors and Directors	Download
If the case is appealed, one of the issues that may be raised is the double recovery by Mr. Fiorillo; where he recovered from Mr. Alofs based on fraud, and from the directors based on oppression. Presumably, the Defendants will argue that this judgement goes beyond making Mr. Fiorillo whole.

International Arbitration makes sense because you can collect	Download
International Arbitration can be better than court litigation because an International Arbitration Award is enforceable in most countries in the world

The plaintiff, Mr. Martin, won on liability, but failed to prove his damages	Download
This series of actions originated 19 years ago with Mr. Martin alleging Mr. Goldfarb caused him to lose over $10 million. The courts have found Mr. Goldfarb, and his firm Farano, Green LLP, breached their fiduciary duty to Mr. Martin. However, Mr. Martin’s actions have failed.

Bitter Bidders: How the Numbers Stack Up	Download
Increasingly, bidders are litigating when they feel they have been unfairly treated in the bidding process for major contracts. The damages claimed in their litigation follow the nature of the breach or wrong. But the method of calculating the damages can have a significant effect on the amount of the damages, both sought and awarded.

New Damages Regime	Download
Alternative ways to seek redress for problems with securities traded in the secondary market.

How to Spot Double Counting	Download
A serious problem in claims for damages is double counting. That is, if all the damages as presented are added up, the total may include some items twice.

Income Taxes in Damage Quantifications	Download
For many business losses, damages are calculated on a “before tax basis”. However, there is some debate as to whether income taxes should be factored into the calculation of damages.

Rogue Brokers and the Damages They Cause	Download
Plaintiffs who allege that their stockbroker has caused them financial loss must prove their damages.

PJI can be Compound Interest - SCC	Download
The recent decision by the Supreme Court of Canada decided in favour of compound pre-judgment interest, rather than simple pre-judgment interest.