Get Ahead of the Pack: Best Practices for Advising the Board When a Dispute is on the Horizon

Sponsored by Lenczner Slaght, Bentham IMF and PricewaterhouseCoopers

For any business, not-for-profit organization or public sector agency, litigation can be costly, risky, time-consuming and stressful. However, a purposeful approach can mitigate, avoid and even turn risks from a liability to an asset by the delivery of strategic, practical legal advice that focuses on litigation not as something to fear but a tool to protect or advance the organization’s interests.

Our panel will provide the tools required to deliver this strategic advice, whether as in-house counsel you regularly deal with litigation or hope to never have to face it. Our panel will focus on the following:

  • Litigation avoidance: focusing on strategic financial decisions and advising the board of directors
  • Pre-litigation planning: discovering ways to avoid a dispute when a threat arises as well as manage the public courtroom; ensuring that documents, witnesses and other resources are in place to mount a defence or attack
  • Mastering the basics: dealing with the documentary record; setting up a document management system for compliance and confidentiality; identifying points of negotiation including fiscal consideration to determine the assets to recover and/or profits to be lost, impact of offers to settle and “must haves” on settlements
  • Sharing risk: managing budgetary pressures by using litigation funding to offset the cost and risk and developing creative pricing options to turn litigation into a profit opportunity


  • Poonam Puri, Professor, Osgoode Hall Law School
  • Monique Jilesen, Partner, Lenczner Slaght
  • Naomi Loewith, Investment Manager and Legal Counsel, Bentham IMF
  • Domenic Marino, Partner, National Leader –Forensics and Disputes, PricewaterhouseCoopers
  • Arden Furlotte, Vice-President Legal & Corporate Secretary, SNC-Lavalin