Civil litigationCivil litigation

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Class Actions

Class Actions arise where a large number of individuals have the same or similar claims.

Commonly, these claims involve injuries caused by drugs or medical devices, defects in consumer products and other consumer protection, mass sexual abuse (such as sexual abuse conducted at schools), mass breaches of contract (such as large companies failing to pay required overtime), or violations of securities laws (many investors buying or selling securities because of improper disclosure of information or a fraud).

Contact us for information on our investigations, current class actions, the status of your case, or to discuss a potential claim.


Personal Injury

Personal injuries that result in damages to the victim, should be assessed to see if a civil lawsuit is appropriate to assist in recovering compensation for those damages suffered by the victim and dependents.

McPhadden Samac Merner Tuovi has successfully represented many clients with respect to their personal injury claims. If you have sustained a personal injury and you would like to know what remedies might exist whereby you can receive appropriate compensation, please contact us.


Commercial Litigation

Litigation can have a significant impact on a company's ability to achieve its business objectives. McPhadden Samac Merner Tuovi assists companies involved in commercial litigation by ensuring a thorough assessment of their options are fully understood and matched to their expected goals.

We have successfully represented companies with complex litigation and alternative dispute resolutions within the consumer products to financial services sectors.  Our expertise has helped our clients receive compensation for breach of contract, consumer fraud, corporate management and professional liabilities.  If you need representation for commercial litigation, please contact us and we can assist.


Medical Malpractice

Medical Malpractice involves civil proceedings against doctors and other health professionals, where a person suffers injury as a result of having received negligent medical care or services.  Successful medical malpractice actions involve the careful compilation of facts, planning, and use of medical experts.

McPhadden Samac Merner Tuovi has successfully represented hospitals and individuals in medical malpractice actions.  If you have suffered injury or harm as a result of negligence of a doctor or other health professional, and would like a consultation to determine your rights and legal remedies, please contact us.



Wrongful Dismissal

Employers have accountability to their employees and in instances of dismissing their employees, there are specific principles that should be followed, otherwise the employer may be required to compensate the employee for wrongful dismissal.

In Canada there exists many instances where employees have successful won claims against their employers for wrongful dismissal.  In each instance, the monetary amounts vary on these type of claims, based on the employees years of service, age, job seniority, along with the terms of the wrongful dismissal.

If you believe you have been wrongfully dismissed from your employer, then you may be able to recover some amount of compensation that you are legally entitled to claim against your former employer.  Please contact us for further details.



Motor Vehicle Accident

Personal injuries are arising out of motor vehicle accidents are treated differently from other injuries by the law of Ontario. Understanding Ontario’s no-fault Automobile Insurance Plan is essential if you are to know what benefits you are entitled to as a result of an injury sustained in a motor vehicle accident. This “no-fault” legislation affects your right to seek damages from the individual who is responsible for the injury you have suffered.

If you have been involved in a motor vehicle accident and feel that you need advice on what your rights and remedies are, please contact us and we would be glad to help you with our service.



Has a former employee taken a customer or client list and now using it to compete against your company? Has a former officer or director of your corporation taken advantage of a business opportunity that was about to come to fruition before they departed? Have you bought a corporation only to find the previous owner back in business and soliciting your customers? Is someone using your intellectual property to create a competing product or service?

There are times when drastic and dramatic action must be taken to protect or advance your legal interests. There are numerous remedies available to achieve these ends. One of the most effective is an injunction. An injunction is a court order that restrains someone from engaging in conduct that is or may cause you irreparable harm and for which a damages award would not be an adequate remedy. In appropriate circumstances, an order for injunctive relief can also require the other party to take positive action. Some forms of injunctions can be used to seize assets that are in danger of being removed from the jurisdiction or otherwise dissipated. Still other forms are available to have important documents obtained before they are destroyed or used to harm you.

We at McPhadden Samac Merner Tuovi have considerable experience with all types of injunctions and in both obtaining injunctions and defending injunction proceedings. Most importantly we are readily available to address those urgent circumstances in which the need for injunctions arise or where you are the subject of an injunction. Should you find yourself in such a situation, we will be there for you.


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