Dispute advisory services

At any time during a dispute or crisis, Deloitte’s qualified expert witnesses provide an independent assessment of potential damages. Our methodologies employ a risk-based approach, and are underpinned by vigorous research, and our breadth of experience. We make the complex, simple, leading the way to successful dispute resolution.

Expert witness testimony: Our professionals are skilled communicators in trials and other dispute resolution forums with years of experience testifying before judges, juries, and arbitrators in complicated areas of business, economics, and finance. We can also assist in screening, coordinating, and preparing other expert witnesses.

We’re experienced in assisting clients and their counsel with damages relating to international commercial disputes and arbitrations, including determining and proving loss, challenging alternatives, and determining foreseeability and mitigation.

We provide a seamless and integrated service across all aspects of the class action lifecycle. This ranges from assessing the type of documents required to be preserved (including those that may impact the assessment of potential damages), document review, developing a sound and defensible damages theory, incorporating technology and analytics to quantify potential damages on a class-member by class-member basis, to developing and administering the claims management process. The ability to have one service provider assist throughout the class action lifecycle ensures efficiencies and ease of coordination.

Our experienced team of construction consultants and experts have delivered hundreds of construction claims and dispute engagements for a wide range of clients and projects across the public and private sectors, for both contractors and owner teams.

Whether it’s opining on project delays, lost labour productivity and quantification of damages, preparing expert reports or providing expert testimony, we support our clients through all phases of the dispute resolution and litigation process, from initiation through to negotiation, mediation, arbitration, and trial.

Our team has been involved in a number of IP mandates mainly in the quantification of damages or the accounting of profits in patent infringement matters. This assistance has included involvement with the accounting of profits or damages, attendance during discoveries, analysis and quantification of loss, reporting, expert testimony, and assistance during negotiated settlements.

We’ve also undertaken the investigation, and provided expert testimony, in contempt proceedings related to the breach of interlocutory injunctions in patent infringement matters.

Deloitte has the largest valuations practice in Canada and has a breadth of experience determining the fair value of business interests in the context of shareholder disputes, including oppression and dissent remedies. Our valuation experts have deep industry knowledge as well as experience within the M&A landscape, bringing real and practical insights to assist the courts and other stakeholders in making a decision.

Our experience advising both insurers and policyholders gives us a 360° perspective on both the issues and the claims process, allowing us to provide a comprehensive and independent assessment. We’re one of the only major consulting firms in Canada to make local professionals available nationally, ensuring we understand the details of the local sectors and markets in which we work. Our sector-specialized thought leaders bring in-depth knowledge and insights.

Our valuation experts have the ideal experience to advise in tax disputes providing access to our deep pool of tax experts on matters ranging from intangible assets, real estate, transfer pricing, and complex accounting across many industries. Our tax litigation team has demonstrated a record of success and has a reputation of being credible and fair with tax authorities such as the CRA, and others across the globe.

Our accounting and assurance experts can provide independent expert or consulting assistance on any accounting-related dispute relating to GAAP, US GAAP, IFRS or assurance-standards. Our experience in this area focuses on the following:

• M&A/post-purchase-price disputes: Using our extensive Canadian and international experience in purchase and sale agreement disputes, we analyze underlying records, research complex accounting questions, and interpret contractual modifications of generally accepted accounting principles (GAAP). We consult with buyers and sellers, working as an independent arbitrator or rendering expert witness opinions in breach-of-representation litigation matters.
• Professional negligence claims: For accounting firms engaged in disputes involving professional negligence claims, we serve as non-testifying consultants to outside counsel as well as providing expert witness testimony. We help analyze a matter’s technical accounting complexities, perform research, and interpret professional standards, analyze our client’s work, and evaluate the merit of the claims asserted against them. We also assist outside counsel with their response to the claims, deposition, and expert witness testimony.