Commercial Disputes and International Arbitration
When there is a breakdown of commercial relationships or contracts, the financial consequences can be significant - and quantifying the resulting damages, or determining the value of corporate interests, requires a disciplined, evidence-based approach.
VLSS brings extensive experience across industries, jurisdictions, and forums to help clients quantify the financial impacts and provides independent, defensible financial expertise to support clients, counsel and/or arbitral panels throughout every stage of the process.
Our commercial disputes and international arbitration services include:
Quantifying damages in commercial, investment, post-acquisition, and treaty-based disputes
Evaluating losses arising from delays, disruptions, contractual breaches, and operational issues
Developing evidence-based, supportable, "but-for" financial models
Evaluating critical inputs and assumptions such as loss periods, pricing, supply costs, market trends, and risk adjustments
Reviewing and responding to opposing expert reports
Providing credible expert testimony at trial or before arbitral panels
Selected representative experience includes:
Couche-Tard inc. c. Front Line Displays Inc., 2019 QCCS 916 – Provided responding report and expert testimony on behalf of Couche-Tard Inc. with respect to alleged future profit losses resulting from a breach of contract.
Standard Nutrition v. BCF LLP and Taylor McCaffrey LLP – Provided responding report on behalf of the defendants as to commercial damages for alleged professional negligence.
Subprime lender – Prepared an expert report opining on damages sustained by the plaintiff in a litigation matter involving their auditor. We were retained to calculate the past lost profits and the loss of business value resulting from alleged wrongdoings of the auditor. The matter is ongoing.
Wholesaler of sanitary supplies - Retained to quantify the economic losses suffered by the shareholders of the company after they were forced to liquidate their business as a result of defamatory allegations made against them. Assessed damages included past lost profits, loss of business value, and loss of earnings potential.
Bar and restaurant – Retained by defendant to critique a claim for loss of business value following the discovery of asbestos in the building in which the business was located.
Digital billboard – Retained on behalf of a defendant to quantify lost profits arising from a breach of contract related to the construction and maintenance of a digital billboard.
Investment broker – Retained on behalf of plaintiff to value an insurance broker's book of business and quantify their lost earnings resulting from an alleged wrongful termination.
Payment processing business – Retained by plaintiff to quantify lost profits and loss of business value related to allegations of attorney negligence leading to cash flow problems, a decline in revenues, and ultimately a premature sale of the business.
Pharmaceutical supplier – Retained by plaintiff to quantify damages resulting from loss of a government contract due to the provision of allegedly faulty production equipment by the defendant.
Event promoter – Retained by plaintiff to quantify lost profits in a breach of contract dispute with an international performing arts company related to performances that were to have taken place in Latin America.
JFI Global Purchasing, Ltd (Barbados) v. Origin & Co., Ltd (Republic of Korea) – Testified before the International Court of Arbitration of the International Chamber of Commerce on behalf of the defendants as to damages for an alleged breach of contract.
Ski Resort – Retained by the plaintiff to opine on profit losses suffered as a result of equipment failure impacting attendance at a popular ski resort. We were also asked to respond to a critique report from opposing experts. A contentious issue was the appropriate basis for projecting attendance.