My (Very Unusual) Approach to Civil Litigation

The clients who come to me seeking help with litigation are often going through one of the most difficult chapters of their life. Something has gone wrong - an estate has been mishandled, a fiduciary has breached their duty, an organisation has been damaged by poor governance - and they need someone in their corner who will be honest with them and fight for what is right. That is the work I find most meaningful, and it is what I have built my civil law practice here in Peterborough around.

Over the years, I have developed a clear sense of the kinds of cases I take on and the kinds of clients I work best with. I thought it might be helpful to explain that here, so that if you are considering litigation, you have a sense of what working with me looks like before you ever pick up the phone.

The Cases I Take On

I want to be on the side of the angels. That is the simplest way I can put it. I look for clients who are honest, who have been genuinely wronged or taken advantage of, and who are seeking fairness rather than revenge. Whether you are defending yourself against an unjust claim or pursuing accountability for something that was done to you, I want to help you get a just outcome.

My litigation practice focuses on three areas that I care deeply about:

Estate disputes and will challenges. When a will is contested, when an estate trustee has not fulfilled their duties, or when a dependant has been inadequately provided for, the stakes are deeply personal. I have spent much of my career in wills and estates, and I bring that experience to every contested matter.

Nonprofit and charity disputes. I have a particular passion for the nonprofit sector. When governance breaks down, when directors or officers breach their duties, or when charitable funds are misused, the people and communities those organisations serve are the ones who suffer. My nonprofit law background gives me a perspective that most litigation lawyers simply do not have.

Fiduciary claims. When someone in a position of trust (whether a director, officer, trustee, or other fiduciary) breaches the duties they owe, I hold them accountable.

I do not practise family law litigation. That is a specialised area with its own courts and procedures, and there are excellent family lawyers in Peterborough who handle those matters.

How I Think About Taking a Case

I am selective, and I make no apology for that. When I take on a case, I give it everything I have. That means I need to believe in it. I need to see that the client is in the right, that the case has a genuine prospect of success, and that pursuing it is truly in the client’s best interests.

I will never recommend litigation just because it would be lucrative for the practice. That is not how I operate. If I think your matter is better resolved through negotiation or settlement, I will tell you. If I think the odds are not in your favour, I will tell you that too. You should never have to wonder whether I am being straight with you.

I have come to recognise over the years that my clients often see dimensions of their situation that I never will, because they are the ones living through it. I listen carefully. I respect their perspective. And I am always open to hearing something that changes how I see the case. The best outcomes come from that kind of mutual honesty and trust.

Being Upfront About Costs

Litigation is expensive. I wish that were not the case, but it is, and I believe you deserve to hear that clearly from the start. Courts are unpredictable. Even when the law and the facts are on your side, there are no guarantees. There are too many variables for anyone to promise a particular result.

I need to work with clients who have the means to see their matter through. That is not about being exclusive. It is about being fair. If I sense that a client cannot realistically afford to sustain a legal action, I would rather have that conversation honestly at the outset than let it become a problem down the road. It is not fair to the client, and it is not fair to me.

I bill monthly, and I ask that retainers be replenished as the matter progresses. This structure keeps things transparent and lets me give your case the time and attention it deserves without either of us being caught off guard.

What I Ask of My Clients

Honesty. That is the foundation of everything. I need clients who will be straightforward with me about the facts, even the uncomfortable ones. I need people who are open to frank advice, even when it is not what they want to hear. And I need clients who understand that litigation is a process, not a quick fix.

In return, I promise you the same honesty. I will not sugarcoat things. And I will work as hard as I can to get you the outcome you deserve.

If You Are Considering Litigation

If you are facing a dispute involving an estate, a nonprofit or charity, or a breach of fiduciary duty, I would welcome the chance to hear about your situation. Whether you are in Peterborough, the Kawarthas, or elsewhere in the region, even if you are not sure whether litigation is the right path, a conversation can help you understand your options.

One important note about civil law in Ontario: the general limitation period for most claims is two years from the date you knew or should have known about the issue. If you think you may have a claim, do not wait too long to seek advice. It is always better to have the conversation early.

Call our office at 705-749-0628 to schedule a consultation, or visit us at 294 Rink Street, Suite 101, Peterborough. We are here Monday through Thursday from 8:00 a.m. to 5:30 p.m. and Fridays from 8:00 a.m. to 3:00 p.m.

I look forward to hearing from you.

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