Wise, Blackman's litigation-support and forensic accounting professionals provide the legal community with a complete range of expertise that may be required in complex Financial Litigation, financial dispute analysis or arbitration/mediation. Wise, Blackman brings to the litigation team an in-depth understanding of the business and technical aspects of finance, accounting and taxation as well as hands-on experience in a wide range of litigation matters. We are totally independent and objective, having represented plaintiffs or defendants. Our principals have given expert court evidence in more than 250 cases across Canada and in the United States.
Minority Shareholder Appraisal and Oppression Remedies
Wise, Blackman assists counsel by opining on the "fair value" of a minority shareholding in a company, whether for a dissenting shareholder group, an oppressed shareholder or for the corporation itself. We also review relevant court precedents in these areas, including the judicial concept of "fair value", the inclusion or exclusion of post-reorganization/acquisition benefits and consideration of premiums and discounts, as appropriate. Our services range from consultation to preparation of an expert's report, to assistance at examinations-for-discovery, to providing expert testimony at trial.
Quantification of Economic Damages
Damage quantification includes detailed financial analyses, examination of relevant market data, assessment of extent of recovery or exposure, regression analysis, causation, etc., applying a before-and-after approach, yardstick (comparable) approach and/or sales projections ("but-for") approach. Wise, Blackman provide an incisive critique of the opposing expert's report and assist in developing strategies to enhance opportunities for settlement, avoiding costly litigation.
In the valuation of family property and quantifying the financial capacity of a spouse to pay alimentary pension, lump sum, equalization and/or compensatory allowance, our involvement ranges from general consultation to the valuation of businesses and professional practices. We have provided expert evidence before the family-law courts in New Brunswick, Quebec, Ontario, Manitoba and Saskatchewan, and have lectured on the subject at conferences of the Canadian Bar Association, the Federation of Law Societies of Canada, the Law Society of Upper Canada and the Association of Family Law Lawyers of Quebec. We have also been retained by family law attorneys in the U.S.
Our analyses of loss of business profits during the disturbed period, or loss of goodwill, include consideration of market and earnings trends, evaluation of continuing, non-continuing and possible extra expenses and the possible impact of co-insurance provisions. We also present expert evidence in professional-malpractice suits.
Trespass and Conversion
Wise, Blackman determines whether plaintiff's business was "viable" as a going-concern immediately prior to the taking of possession by the bank-appointed receiver, and the quantum of plaintiff's loss of future profits or loss of fair market value. We also prepare a critique of the opposing expert's report as well as provide expert testimony before the Court.
Preliminary evaluation of financial/economics of the case
Critique of opposing expert's report
Listing information to be gathered during the discovery process
Consultation regarding arbitration or mediation as an alternative to litigation
Preparing/reviewing interrogatory and/or discovery questions
Preparing/reviewing preliminary value or damage calculations for settlement
Assisting in review of relevant case law
Researching valuation literature and other authoritative sources
Evaluating settlement proposals
Providing discovery evidence and trial testimony
Wise, Blackman is retained to determine lost or impaired earning-capacity. In addition, we analyze the report of the opposing expert and formulate technical questions for cross-examination by our client's counsel.
As Certified Fraud Examiners and Chartered Accountants, we prepare comprehensive reports on alleged white-collar and blue-collar commercial fraud, suppression or inflation of income and/or assets as well as investigate alleged fraudulent bankruptcies. We have also acted for the Federal Departments of Justice and Consumer and Corporate Affairs (Corporations Branch) in matters involving alleged price-fixing.
Wise, Blackman assists counsel with claims relating to personal injury, wrongful dismissal, product liability, and intellectual-property infringement. We have represented the Competition Bureau of Industry Canada as well as Consumer and Corporate Affairs Canada with the analysis of various types of antitrust claims, including unfair competition, price fixing and collusion, and anti-competitive practices. Our expert reports are comprehensive, analytical and incisive. To assist the trier of fact in appreciating the critical concepts and analyses, we prepare sophisticated, intelligible, state-of-the-art graphics. Our objectivity and experience in arbitration and mediation have been instrumental in helping resolve disputes in a fair and equitable manner.