Litigation

Litigation

Litigation illustration

When involved in litigation where there is the potential for a damages award it’s imperative to have credible and reliable analysis to support a claim. 

We prepare financial analysis and expert reports for use in court that demonstrate clearly and concisely our opinion of damages.

We attend court and explain our reports in terms that are understandable to the lawyers, judges and juries. We stand by our work, and withstand the scrutiny of cross-examination.

An important element of our work is the quantification of economic damages. Whether as a result of a breach of contract, negligence, patent infringement, insurance claim, or other cause, it is important to accurately calculate the loss to a business or individual.

Wintrip Consulting, Inc. has the expertise to assist our clients in a wide variety of situations, including the following:

  • Intellectual property disputes;
  • Class action litigation;
  • Breach of contract;
  • Shareholder disputes;
  • Personal injury; and,
  • Insurance claims.

Our typical approach to a litigation assignment can be described as follows:

  1. Meet with the client and counsel to understand the situation at hand;
  2. Establish the scope and terms of the engagement;
  3. Develop an approach to damages appropriate for the matter;
  4. Prepare a list of preliminary information required to assess damages;
  5. Assist counsel in the preparation for Examinations for Discovery;
  6. Assist counsel in assembling other experts that may assist in the matter such as real estate appraisers, statisticians, industry experts etc…
  7. Review and critique opposing expert reports;
  8. Assist counsel in trying to settle the matter through mediation;
  9. Quantify economic damages calculations;
  10. Prepare an expert report on damages;
  11. If required attend at trial or other proceedings to communicate findings.

  • Prepared a valuation of a Canadian asset management firm as part of an oppression remedy under the Canada Business Corporations Act.
  • Assisted in the settlement of a multi-billion claim for damages made by an auto parts supplier for breach of a joint venture agreement.
  • Assisted in the settlement of a claim under the Class Proceedings Act involving a group of investors who lost their retirement savings as a result of an investment scheme devised by their investment advisor.
  • Calculated loss of profits and prepared an expert report in relation to claims made by a group of franchise pharmacists under the Canadian Companies’ Creditors Arrangement Act.
  • Calculated lost profits and provided expert evidence before the Nova Scotia Utility and Review Board as part of the defense of a claim made by a Canadian retailer under the Expropriation Act of Nova Scotia.
  • Assisted in the settlement of a claim by a gas station/service centre under the Expropriation Act of Nova Scotia.
  • Assisted in the settlement of a claim for losses as a result of the alleged breaches of a group of employees who resigned en masse to join a competitor’s firm.
  • Assisted in the settlement of a claim for alleged breach of agreement, inequitable treatment and loss of business value for a horse-racing track.
  • Assisted in the settlement of a claim for losses as a result of an alleged trademark infringement involving a specialty retailing company and an international tour operator.
  • Assisted in the settlement of a claim for losses as a result of delays in the process of the development of service centres (fuel, food and beverage) along major highways in Ontario.
  • Prepared expert reports and provided expert testimony in an International Court of Arbitration – International Chamber of Commerce (ICC) case involving the losses being claimed by a South Korean iron ore dealer against a Canadian iron ore producer and a related counterclaim.
  • Performed forensic analysis in several matters to determine how interest and fee overpayments on customers’ outstanding balances were refunded by the credit card and mortgage divisions of Canadian financial institutions as part of class action proceedings and processes to avert class action litigation.
  • Assisted in the settlement of a claim for loss of employment income as a result of alleged malicious prosecution, negligent investigation, breach of Canadian Charter of Rights and Freedoms, professional negligence and breach of fiduciary duty.
  • Calculated lost profits for franchisees in a class action against a major retail department store that wrongfully terminated a license agreement. A settlement was negotiated through private arbitration.
  • Retained by the Government of Canada to assist in analyzing a claim for lost profits by a US corporation under the North American Free Trade Agreement. Provided the methodology required to prove the error in the claim. The NAFTA tribunal rejected the claim made by the US Corporation.
  • Prepared an affidavit providing an opinion as to the efforts and issues related to the assessment of damages and accounting of profits as part of a bifurcation motion in a pharmaceutical patent infringement claim.
  • Calculated lost profits and provided expert evidence before the Ontario Municipal Board as part of the defense of a $20 million claim by prominent Canadian retailer under the Expropriations Act.
  • Calculated lost profits for golf courses in assisting in the settlement of Expropriation claims related to the construction of Highway 407.
  • Prepared expert reports quantifying the losses suffered by individuals as a result of allegedly being detained and tortured in foreign countries.
  • Prepared an expert report quantifying the loss of income as a result of an automobile accident suffered by an individual who operated scaffolding and shoring system business with specialization in the nuclear power sector.
  • Prepared a valuation of a publicly traded funeral homes and cemeteries operator in Chapter 11 proceedings in the United States to determine whether the company was insolvent at the valuation date.
  • Prepared a critique of an expert report for a personal injury matter involving the founder of a trucking company.
  • Prepared an expert opinion on the appropriateness of payments made to employees under an incentive pay plan as part of arbitration proceedings under a Collective Agreement.
  • Prepared calculations of income for support and business valuations for matrimonial purposes for businesses such as retail clothing, auto dealerships, professional practices, real estate developments, restaurants and brick layers. Have assisted in settlement discussions, mediation and arbitration proceedings.