Dispute Resolution and Advocacy

Investments and investment advice are a common subject of litigation. Whether you are a plaintiff or defendant, you can count on sound advice and practical strategies when you retain Lerners. Lerners is one of the leading law firms in Ontario for proceedings involving securities litigation, claims against investment dealers and regulatory proceedings. With respect to securities litigation, Lerners has been involved in important and precedent-setting cases. Lerners brought the first class proceeding on behalf of aggrieved investors in relation to a share offering (Kerr et al. v. Danier Leather Inc.) and has acted in cases involving claims for prospectus misrepresentation under the Ontario Securities Act. Our experience acting for both plaintiffs and defendants, including directors and outside professionals, regarding claims relating to the issuance of securities gives us a unique perspective with which to defend or advance securities litigation. We also have significant experience successfully representing individuals and organizations who face investigations or proceedings before the Ontario Securities Commission, Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association. In resolving these matters, Lerners recognizes not only the importance of professional reputations, but also the critical need to work out practical solutions so that our clients can continue to do business and prosper.

Lerners lawyers acted in the seminal case establishing the liability of investment dealers and brokers to their clients for negligence (Varcoe v. Sterling) and have continued to represent our clients in these actions ever since. Our lawyers are experienced and aggressive. We know how to run these cases in a cost-efficient manner, and we know the expert evidence that is necessary to be successful in these actions. Lerners has the advantage of having worked for both plaintiffs and defendants, which has made us very familiar with litigation strategies for prosecuting and defending such actions. The difference between Lerners and many other firms, is that we have experience taking investment advice lawsuits through to trial and appealing trial decisions to a higher court. That reputation gives us an advantage when dealing with opposing counsel who know we will take the matter as far as it can go, if that is what needs to be done.