Litigation as Business Strategy: Aligning Legal Action with Organizational Goals

The CBA is a professional organization that provides educational and networking opportunities for lawyers. Representing more than 36,000 lawyers, judges, notaries, law teachers, and law students from across Canada, the CBA is committed to enhancing the professional and commercial interests of a diverse membership and to protecting the independence of the judiciary and the Bar.

Jennifer Biernaskie is a litigation strategist who finds solutions. She skillfully analyzes a claim from all sides, considering both the present details and what will happen down the road. The end result is a forward-thinking strategy that shapes a successful future for her clients. Her strong track record for resolving claims is based on skill, creative agreements and common sense in commercial litigation, insurance defence, and administrative law. With particular proficiency in high-complexity matters, Jennifer skillfully handles the in-depth research and investigations required for intricate claims involving areas such as oil and gas, engineering, and professional liability. In her commercial litigation practice, Jennifer has defended and prosecuted a wide range of contractual disputes, including shareholder issues, commercial and residential tenancy breaches, and employment and service agreements. She has unique experience in complex, multi-party litigation such as long-tail environmental losses, pipeline failures, intellectual property disputes, construction negligence, and class-action litigation. Her experience in insurance defence includes claims involving professional liability, sexual abuse, property loss and injury claims. With a big-picture view of cases and her clients in corporate litigation, she believes in looking beyond a situation to what else is going on to help solve the problem. Never one to follow a typical, cookie-cutter approach, Jennifer thinks broader about the context of the dispute and how best to approach it. It’s how she got her reputation as an outstanding strategist. With extensive experience in eastern and western Canada, she has represented clients in a wide range of industries and settings, from aquaculture and off-shore oil and gas in the Atlantic, to engineering firms and land-based oil and gas in the Prairies. In her insurance practice, Jennifer is equally skilled on both sides of the table and advises both insurers and policyholders on a variety of risk management issues. She has acted for insurers in Alberta and Nova Scotia as both defence and coverage counsel and provides coverage opinions to insurers in a wide range of sectors, including the aviation and auto industries. She has represented policyholders in pollution and contamination claims and regularly defends claims involving professional negligence, property losses, pollution claims, motor vehicle accidents, slip and falls, and social/commercial host liability. Her considerable trial experience covers courts at all levels and various other boards and tribunals in both Alberta and Nova Scotia. In Alberta, Jennifer has appeared before the Alberta Court of Appeal, Alberta Court of King's Bench and Alberta’s Provincial Court. In Nova Scotia, she has appeared before the Nova Scotia Supreme Court, Nova Scotia Court of Appeal, Nova Scotia Labour Board, Nova Scotia Utility and Review Board, the Nova Scotia Police Review Board, and the Provincial Court of Nova Scotia. When practising in Nova Scotia, Jennifer was appointed as a member of the Regional Assessment Appeal Court.

Monique is one of Canada's leading litigators whom clients turn to for their toughest commercial disputes. Her practice focuses on class actions, contract and shareholder disputes, civil fraud cases, injunctions, professional liability, bankruptcy and insolvency matters, and securities and derivatives cases. Monique is a fearless advocate, unafraid to take on tough, notable, and high-profile cases, even at a moment's notice. She was counsel to the Ukrainian World Congress in an application for judicial review of Canada's decision to allow the delivery of turbines to Germany for use by a sanctioned Russian company. In Li v Barber, she successfully secured an unprecedented Mareva order freezing up to $20 million of assets and cryptocurrency of Freedom Convoy leaders. She also represented Douglas Cardinal in an injunction to restrain the use in Canada of the Cleveland baseball team's racist name and logo on human rights grounds. Recognized for her exceptional work, Monique was previously awarded The Advocates' Society's prestigious Douglas K. Laidlaw Award for Excellence in Advocacy. In 2023, Monique was named Litigator of the Year at the Canadian Law Awards and one of the Top 50 Most Influential by Toronto Life. Monique is also a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. Monique is co-leader of the firm's Commercial Litigation practice group and a member of the Commercial List Users' Committee. In 2018, she developed commerciallist.com, an award-winning website that serves as a one-stop shop for all things Commercial List. As the firm's Managing Partner, Monique is at the forefront of executing the firm's strategy, building an innovative mindset across the firm, and nurturing its high-performing and inclusive culture.

Bobby Sachdeva, Co-Leader at Miller Thomson's Commercial Litigation Group, excels in representing clients in the courtroom and at arbitrations. Bobby has had numerous mandates as lead counsel in complex commercial disputes and insolvency & restructuring matters. Bobby balances risk avoidance, strategic planning and cost-effective solutions with an understanding there are times when a client's best interests can require more aggressive and effective action. His knowledge and experience span shareholder disputes, complex contractual litigation, corporate governance disputes, fraud recovery, priority and other disputes in insolvency proceedings, professional negligence, and defamation. Bobby has held several management positions having been managing partner, insolvency chair and litigation chair at a prominent Ontario Regional firm, and his current position as Commercial Litigation Co-Leader at Miller Thomson. These experiences enable Bobby to be an effective team leader for his clients' mandates, but also to bring a practical business and strategic outcome driven approach to the disputes he handles. Bobby also acts as a mediator on commercial litigation matters and is able to leverage his 30+ years of experience in shareholder disputes, family succession matters and complex contractual disputes in assisting parties to come to mediated resolutions. Bobby completed the Harvard 1-week Mediation Intensive Certificate course in May of 2024. Bobby has served on the Board of Directors for the United Way of Peel Region and on the Foundation Board of Directors for Providence Health Care. He is a member of the Canadian Bar Association, Advocates Society and the South Asian Bar Association (Toronto). Bobby has acted as Lead Counsel for CourtCanada Ltd. in its lawsuit against the Ontario government. He acted as Lead Counsel for the major creditor in Bankruptcy of Sally Creek which resulted in the leading case addressing Trustee misconduct in bankruptcies. Bobby has successfully represented diverse clients in obtaining receivership orders, interim recovery of equipment, and injunctive relief including Mareva and Anton Piller orders. He also represented a large regional group of independent health facilities in fending off revocation of license applications by the Ministry of Health and in prosecuting a claim for damages against the Ministry of Health. He has been recognized in well-respected industry directories and by various organizations including The Best Lawyers in Canada – Insolvency and Financial Restructuring Law, 2022-2025; Corporate and Commercial Litigation, 2025, The Canadian Legal Lexpert Directory – Insolvency and Financial Restructuring, 2022-2024; Litigation – Corporate Commercial, 2022-2024, Benchmark Canada, Litigation Star, 2024, and South Asian Bar Association (Toronto).

Adam Goldenberg is a partner in Litigation and Dispute Resolution Group. He represents leading Canadian and global companies in commercial and public law disputes, including class actions and domestic and international arbitrations. An experienced trial and appellate counsel, Adam has appeared in 29 appearances to the Supreme Court of Canada and has litigated in the courts of eight provinces, the federal courts, administrative tribunals, and the Judicial Committee of the Privy Council. Clients value Adam's focused advice on complex business problems, his agility in handling urgent and sensitive issues, and his prowess in the courtroom. He is ranked as a leading litigator by Chambers and Partners, Lexpert, Benchmark Litigation, and The Legal 500. Adam is an Honorary Overseas Member of the Commercial Bar Association of England and Wales (Combar), an honour extended only to select international barristers who have excelled in commercial litigation, arbitration, or both. Adam has also represented attorneys general, public agencies and regulated professionals in various proceedings. Adam regularly acts pro bono for individuals and public interest organizations, particularly in matters affecting the LGBTQ2S+ community. He serves on the Leadership Council of the World Justice Project and is a co-founder and a member of the board of directors of Gakino'amaage (Teach For Canada), as well as a former chair of the board of directors of Action Canada. Early in his legal career, Adam was a law clerk to Chief Justice Beverley McLachlin at the Supreme Court of Canada and to the judges of the Court of Appeal for Ontario. He has taught appellate practice and procedure as an Adjunct Professor of Law at the University of Toronto and has lectured at law schools across Canada on constitutional and administrative law.