By Steven R. Schoenfeld, Michael A. Penny and John A. Terry
Published in North American Corporate Lawyer, vol. 7, no. 4, 2003
Introduction
With the growth of cross-border commerce and investment, Canadian businesses are increasingly likely to find themselves dealing with the possibility of litigation in the United States. They may be sued or need to sue in the United States; or they may seek a tactical or strategic advantage by suing there instead of in Canada. Knowing the key differences between commercial litigation in the two countries may enable a litigant to avoid unpleasant surprises that can occur when a Canadian company or its U.S. affiliate litigates in the United States. Moreover, such knowledge may enable a litigant to respond more effectively to lawsuits in the United States; improve the quality of communication with U.S. and Canadian counsel; and pursue better litigation strategies, particularly when the litigant has the option of – and may be better off – pursuing a
