Author(s):
Mary Buttery, KC
Jan 9, 2024
When faced with a dispute, businesses must weigh a variety of factors to know what action to take. If you receive a claim, or think you have a claim against another party, it’s important to consider the implications for the business such as parties’ rights, obligations, costs, risks and potential outcomes. Decisions made regarding litigation require careful analysis and strategic planning, as well as consultation with your legal counsel and other stakeholders.
In the video below, Osler Litigation partner Mary Buttery outlines key considerations when deciding when to pursue or defend litigation.
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Video transcript
MARY: Hello, I’m Mary Buttery, a partner in the Litigation Group at Osler in Vancouver and a key contact for Corporate and Commercial Litigation. I practice civil litigation and corporate bankruptcy and insolvency and there are practical considerations for litigation and restructuring proceedings that we need to keep in mind when faced with a dispute.
In business, there are many ways disputes can arise with contractors, suppliers, investors, clients, employers and many other stakeholders. If you receive a claim, or think you have a claim against another party, you need to consider a range of factors when it comes to knowing how to respond, and what action to take.
Some of these considerations include analyzing if it is worth the cost and time involved? Do you have a strong case? Have you exhausted or, if it’s early days, considered all of the means of resolving the dispute? Do you have all the evidence you need to stage your defence or your claim?
Deciding when to pursue or defend litigation involves weighing many factors that can have significant implications for the business such as parties’ rights, obligations, costs, risks and outcomes.
Some of the additional factors that may influence business decisions in litigation include:
- the nature and complexity of the legal issues involved
- the strength of the evidence and arguments
- potential remedies and damages the parties may seek
- duration of the litigation progress
- potential options to alternative dispute resolution
Business decisions made regarding litigation require careful analysis and strategic planning, as well as consultation with your legal counsel and other stakeholders. Some of those decisions include:
- whether to initiate or defend a lawsuit
- whether to proceed to trial or settle
- what claims or defenses to assert
If you would like to know more about the risks posed by engaging in litigation and dispute resolution, please reach out to me or one of our team members in the Litigation group at Osler.