October 12, 2017
Senior associate Rebecca Wise has sat down with PrecedentJD to discuss her role as a litigator and what it’s like to focus on securities and employment lawsuits.
The Q&A style article touches on a number of points relating to Rebecca’s job, and also discusses the role of a litigator generally.
The follow is an excerpt from the article:
What happens if a client faces a civil lawsuit?
When a civil lawsuit begins, Wise launches her own investigation. She speaks to the relevant investment advisor and reviews documents to determine whether the allegations have any merit. The information gathered from this investigation forms the basis of the statement of defence Wise files in response to the lawsuit.
Following that, both sides enter the discovery process, in which they exchange documents and orally examine each other’s witnesses. (Wise usually works with a junior associate or a student on these cases.)
Since mediation is mandatory for most civil cases in Ontario, that is the next step. Both sides come to the negotiating table with a third party present to help resolve the dispute. “If a resolution is proposed and it makes sense to settle,” says Wise, “then mediation can be quite helpful.” If mediation fails, Wise is off to the courtroom.
You can read more about our Litigation and Dispute Resolution Practice here.