Count on our Litigation team to provide vigorous advocacy.

General Litigation Lawyers

Commercial and Civil

Our litigation team has extensive experience in both commercial and civil disputes. These disputes arise between two or more individuals and/or businesses and often require a vigorous defense. Hiring a lawyer can help you ensure that you are adequately protecting your business, your family, your property, and/or your finances. At Cunningham Swan, we strive to resolve all matters in a strategic and timely manner, ensuring that you are taken care of without breaking the bank.

We can help you with any of the following matters:

  • Insurance claims, including:
      • Long term disability
      • Property loss
      • Fire loss
      • Insurance broker
      • Life insurance
      • Critical illness insurance
      • Disability benefit
    • Contract and commercial disputes including:
      • Breach of contract
      • Distribution and franchise disagreements
    • Construction disputes, liens and bond claims
    • Corporate and partnership dissolution, including shareholder disputes
    • Director and fiduciary duties
    • Mandatory arbitrations
    • Debt collection
    • Wrongful dismissal actions
    • Regulations disputes

For assistance with your litigation enquiry, please contact Kristi Murphy by email or 613.544.0211 ext. 8040.

Property Lawyers

Property

Whether you are a homeowner, property manager, landlord, tenant, or developer- our teams will advocate for you to resolve your property dispute. One of our department’s greatest assets is our close working relationship with Cunningham Swan’s Real Estate team. From disagreements over land use to clearing title to land- you can rely on our expertise in litigation and real estate. In addition to advocating for you in court, we offer sound and informed legal advice to prevent future disputes or review resolutions. 

Among other issues, we can assist with the following:

  • Adverse possession (squatter’s rights) claims
  • Boundary and access disputes, including easement and right-of-way disputes
  • Resolving aborted transactions and enforcement of agreements of purchase and sale
  • Post-closing litigation and property deficiencies
  • Financing issues
  • Lease and landlord/tenant disputes including:
    • Disputes over continuation or termination of lease
    • Disputes over payments
    • Disputes over property damage or repairs
    • Disputes over occupancy limits
  • Nuisance claims, such as:
    • Flooding
    • Noise abatement
    • Foul smell
    • Smoke or noxious gases
    • Excessive light or temperature
  • Mortgage enforcement, including power of sale, foreclosure, possession and shortfall actions
  • Defending occupiers’ liability claims
  • Environmental claims (pollution and property contamination issues)

For assistance with your litigation enquiry, please contact Kristi Murphy by email or 613.544.0211 ext. 8040.

Insurance Law

Personal Injury and Negligence Claims

Going to court can be intimidating, stressful, and time consuming. We get it, but if you have been impacted by a personal injury, disability, or other loss, you may be eligible for compensation. To ensure that you obtain both fair and full compensation, you need an experienced lawyer who can advocate for you and navigate the complexities of insurance law. Our team will work to establish potential compensation for your injury, impairment, recovery time, and/or rehabilitation. We have decades of experience litigating before all levels of trial and appeal courts, provincial and federal tribunals, as well as for alternative dispute resolutions such as arbitration or mediation.

Specifically, we offer support in the following areas:

  • Motor vehicle and accident benefit insurance claims
  • Personal injury and property damage claims
  • Slip and fall claims
  • Fatal accident claims
  • Product liability claims
  • Life and disability insurance claims
  • Professional malpractice and negligence
  • Fraudulent or negligent misrepresentation claims
  • Defamation actions (libel and slander)
  • Fire loss claims
  • Assault and sexual assault claims
  • Vicarious liability claims

For assistance with your litigation enquiry, please contact Kristi Murphy by email or 613.544.0211 ext. 8040.

Insurance Litigation

Insurance Defence

Our Litigation team provides a vigorous and result-driven defence in insurance litigation. We understand that your time is money and we take pride in our ability to quickly and efficiently navigate such complex insurance matters on your behalf. We will meet with you to go over the details of your insurance matter and form a strategic position based on our complex trial experience. While you can trust your matter in our hands, we believe in keeping our clients informed every step along the way; we will provide you with detailed reporting throughout the process.

We regularly advise on, but are not limited to, the following matters:

  • Arson/Fire
  • Under-insured Motorists
  • Employee Dishonesty
  • Product Liability
  • Professional Negligence
  • Bodily Injury
  • Criminal Acts
  • Structured Settlements
  • Fatalities
  • Occupiers Liability
  • Theft/Fraud
  • General Liability
  • Motor Vehicle Claims
  • Property and Casualty Disputes
  • Risk Management and Analysis
  • Special Risks

For assistance with your litigation enquiry, please contact Kristi Murphy by email or 613.544.0211 ext. 8040.

Litigation Lawyers

Our Litigation Law team understands the weight of the decisions you are making and is committed to providing the highest level of support. 

Kurt Pearson

613.546.8072

Kurt Pearson is Partner and head of our Litigation group.  He graduated from Queen’s University

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James L. McDonald

613.546.8088

James L. McDonald is a Partner in Cunningham Swan’s Litigation group. He acquired his

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David Adams

613.546.8075

David Adams is a Partner in our Litigation group, focusing primarily on civil, insurance,

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Sarah McCarthy

613.546.8066

Sarah is an Associate in our Litigation group. She provides her clients with strong

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Matt Taft

613.546.8068

Matt Taft is an Associate in our Litigation group.  Matt assists individuals, businesses, insurers

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