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After practicing for more than a decade at two of the Okanagan’s most prominent law firms, Mr. Schwartz established Schwartz & Company in 2009.  Our firm is dedicated to dispute resolution, whether through litigation, arbitration, mediation, or other forms of negotiated settlement.  We have brought numerous civil and commercial claims in all levels of court in British Columbia and Mr. Schwartz has successfully litigated disputes spanning all levels of complexity.  The types of clients we represent include a broad range of institutions and corporate entities, such as an institutional lender, a sole proprietor, and businesses of all sizes, in addition to individual plaintiffs and defendants.

Firm Philosophy

When you retain us, we spend the time to meet with you and listen to your story.  We take pride on bringing a thoughtful and creative approach to every file, and we work hard to find the best and most realistic solution to resolve the most difficult legal issues.  We are always aware of the sensitive and emotional nature that legal disputes can have on our clients, and as such, we maintain clear and consistent communication and coordination with our clients throughout the legal process.  We utilize all resources available to us, including access to the best legal research databases, and conduct our practice in a team to capitalize on the unique and diverse strengths and talents of our lawyers and staff. 

Practice Areas

Our practice areas include:

Commercial Litigation: We have substantial experience representing clients in a variety of corporate and commercial matters, including business contractual disputes, disputes amongst shareholders or partners, complex multi-party litigation, professional negligence and disciplinary matters, fiduciary responsibilities and duties, and proceedings pursuant to the Bankruptcy and Insolvency Act.

Foreclosure: We act for commercial lending institutions at all stages of residential and commercial foreclosure proceedings.  This experience has enabled us to provide practical advice to homeowners, secured and unsecured creditors, receivers and trustees, who find themselves involved in foreclosure proceedings, on matters such as alternative options and priority disputes.

Real Estate and Construction Litigation: We have represented both purchasers and vendors, realtors, consultants, developers, builders, contractors, sub-trades, and financial institutions in disputes involving residential and commercial real estate including claims brought pursuant to builders’ liens, defective work, lease disputes, disputes over easements and covenants, charges on title, and dealings with strata corporation.

Employment and Labour Disputes: We have experience advising employees and employers, on matters arising in non-unionized employment settings.  Such disputes include wrongful and constructive dismissal, breaches of contractual agreements, such as confidentiality and non-competition/solicitation clauses, and claims brought pursuant to the Human Rights Code.  

Estate Litigation: We have acted for beneficiaries, executors, trustees, and administrators in matters relating to wills and estate administration.  We have advised on issues such as breach of trust, and the interpretation and validity of wills. 

Mediation: Mr. Schwartz has completed the Advanced Mediation courses with the Continuing Legal Education Society, as well as Mediate BC Society's Court Mediation Program, and is trained as a civil mediator in British Columbia.  He can provide alternative dispute resolution services for parties who desire to resolve conflicts outside of the court litigation processes.  Mediation allows parties to achieve more efficient and cost-effective client-centred resolutions.  Mr. Schwartz’s advocacy experience in and out of the courtroom setting allows him develop a keen sense of how justice and fairness can be achieved in the best interests of the parties. 

 

201-570 Raymer Avenue, Kelowna, B.C. V1Y 4Z5 | TEL: 250.860.4700 | FAX: 250.860.4799
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