Cole & Partners' independent expert financial analyses for litigation reflect the breadth of our firm's litigation, business valuation, M&A transaction, forensic and investigative, and Board of Directors experience, providing a truly integrated approach. Our independent expert opinions, candid reports and recommendations illustrate our technical strength, real world perspective and sound business judgment. Our reports and evidence are focused on assisting the Court (or other trier of fact). We serve the legal and business community as expert witnesses and offer independent financial litigation support in the following four areas:
A number of these matters involved: providing expert evidence in courts, at tribunals or at arbitrations; presentations to boards of directors, special committees and audit committees; and advisory engagements with management and/or their counsel in litigation, business and strategic planning initiatives.
- Public company fair value dissent and oppression cases relating to valuation, transfer pricing and other financial litigation support. Industries covered include: a multi-national automotive company; large national retail chains including related brands, trade names and marks; a public software company; resource companies; food processor; various technology companies.
- Public securities litigation.
- IP: Litigation, including accounting of profits and financial damages quantifications relating to trademark and patent infringements; valuation pertaining to brands, trade names, marks, technology per se and technology companies: for purposes of determining transaction pricing, IP management and reasonable royalty rates license arrangements; transfer pricing; M&A. Types of intellectual properties covered include: retail brands; industrial brands; consumer brands; pharmacological patents.
- Quantifications of financial damages relating to a very broad array of contracts including assistance at trial, mediation and in renegotiating the terms of the ongoing business relationship relating to: non-compete arrangements; distribution and supply agreements; construction project and related supply arrangements; financial services.
- Efficiency, viability, failing firm, hold separate orders and other competition related matters including on behalf of: Superior Propane, Canadian Pacific, and the Commissioner of Competition in respect of West Fraser Timber Co. Ltd., Labatt Brewing Company Limited and others. Numerous reports to the Board of Directors as well as experts in litigation.
- Large real estate companies with a diversity of assets including commercial, residential, industrial and development properties related to a whole array of purposes including: succession planning; income tax planning; partner re-organizations; CRA disputes; income tax planning purposes; estate purposes; litigation; family law; breach of contract.
- Income tax litigation regarding: tax shelters, off-shore matters, business and securities valuation, software, non-arm’s-length transfer matters.
- Arbitration and mediation of partnership, shareholder, and family disputes.