Offshore Litigation | Toronto Canada Lawyers

Canadian corporate and institutional involvement in the global market frequently gives rise to cross-border corporate, commercial and trust litigation.

We can provide strategic advice as Canadian lawyers before litigation takes place in offshore commercial centres. Our lawyers are experienced in legal proceedings brought by and against foreign companies and individuals in the courts of Ontario and Canada (Federal Court).

Our experience in the investigation and gathering of evidence (witnesses and / or documentary) in the cross-border context and issue identification provides an opportunity to assist you whether the dispute is being resolved locally or offshore, with foreign lawyer representation.

Offshore Centres

We can assist clients in the selection of offshore litigation lawyers in The Bahamas, Barbados, Bermuda, British Virgin Islands (BVI), Channel Islands, Cayman Islands, Turks and Caicos Islands, Dubai (and other Emirates), Isle of Man and other offshore jurisdictions.

When more than one jurisdiction is available for the resolution of a dispute, we can provide advice on the laws of Ontario and Canada, including the jurisdiction of the court and the relative advantages of proceedings in Ontario, Canada. One of our lawyers has multi-jurisdictional experience having practiced in Bermuda, Dubai and England. His experience and familiarity with the legal regimes and law firms practicing in those and other offshore jurisdictions can assist you in strategic considerations in the selection of forum and legal professionals for offshore proceedings.

Offshore Litigation

Often offshore disputes involve investment disputes, banking matters, commercial litigation, business disputes (including shareholder disputes), trusts and estates,  fraud claims, cyber security, data breach, insurance and reinsurance.

Some matters involve consideration of availability of offshore asset tracing, and cross-border judicial cooperation in offshore litigation, including proceedings concerning obtaining and preserving evidence, information orders and letters of request. We can assist you when seeking or responding to such remedies, in cooperation with offshore lawyers and law firms.

Mareva Injunctions | Freezing Orders

We have considerable experience in seeking and responding to proceedings to obtain freezing orders and other equitable remedies to secure assets, information and evidence before trial in Ontario or Canada (Federal Court).  We can assist foreign offshore lawyers  in obtaining such orders in this jurisdiction for later recognition and enforcement proceedings brought by foreign lawyers in offshore jurisdictions.   We can act in Ontario and Canada by acting for those bringing or responding to proceedings for domestic freezing  orders based on offshore judgments and orders.

Other Assistance

We can advise local and foreign businesses in respect of proceedings in Ontario, Canada and assist Canadian businesses in relation to foreign proceedings—although we do not act in foreign proceedings or advise on foreign laws.  We can assist in the  following aspects of a business or commercial disputes:

  • The Selection of Foreign Legal Counsel
  • Assisting Foreign Legal Counsel (as may be permitted)
  • Obtaining Authentication and Legalization of Documents in Ontario for use in Foreign Legal Proceeding
  • Advice on Conflict of Laws Issues (Ontario and Canada)
  • Cross-Border, International and Transnational Litigation
    (proceedings in Ontario and Canada)
  • International Arbitration
  • Service of Foreign Process in Ontario
  • Challenge of Ontario or Federal Court Jurisdiction
  • Representation in Ontario in Judicial Assistance
    Proceedings on Foreign Jurisdiction(s)
  • International Convention Remedies in Ontario and Canada
  • Pre-emptive Proceedings in Ontario and Canada in aid of Foreign Proceedings
  • Injunctions in Ontario Prohibiting Suit
  • Proceedings for the Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Ontario Canada
  • Proceedings in Ontario to aid in International Asset Tracing and Asset Recovery
  • Providing  Legal Opinions on the laws of Ontario and Canada for use as Expert Evidence in Foreign Legal Proceedings
We can also assist you matters of recognition and enforcement of judgements, awards and decrees made in offshore jurisdictions, or in instructing offshore lawyers with respect to offshore recognition and enforcement of judgments, orders and awards made in Ontario or Canada.
We have strength and experience in advising foreign clients involved in litigation or arbitration in Ontario and across its borders.

Internationally, we have been involved in litigation or arbitration with clients (or matters) located in the Netherlands, Norway, Sweden, England, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.

One of our lawyers has been admitted and practised law in foreign jurisdictions (including England, Bermuda and New York), have both foreign and local legal education, including in the U.S. and U.K.

One of our lawyers has been admitted and practiced law in foreign jurisdictions, has both foreign and local legal education, and a number of our lawyers and law clerks speak languages including French, Japanese, Portuguese, Italian, Russian and Cantonese.

Please contact Gilbertson Davis LLP to arrange an initial consultation.