Litigation Support
Expert Counsel in
Commercial Disputes
Over 20 years of experience delivering rigorous, independent expert opinions in commercial disputes, arbitrations, class actions, and professional liability matters across Canada and internationally.
Practice Area
Commercial Disputes & Expert Testimony
Bismuth Consulting has been retained to assist management or outside legal counsel in a number of commercial disputes and professional liability matters, including arbitration, class action suits, and other litigations.
We deliver well-considered and objective expert opinions. We maintain our independent approach and assess, as fairly as possible, our view of respective responsibilities and a reasonable approach to measuring damages. Our aim is to arrive at a fair presentation of the facts and the parties' respective positions.
Mr. Bismuth has been recognized as an expert in accounting, auditing, and information systems matters by Quebec Superior Court judges — having delivered expert reports and appeared in Court on numerous occasions since 1986.
Retained as expert for both plaintiffs and defendants in commercial disputes
Familiarity with ERP and accounting systems to request and evaluate financial records
Knowledge of Canadian GAAP and U.S. reporting rules for cross-border disputes
Reports written clearly enough for non-experts to follow the argumentation
In-person testimony and cross-examination experience in Quebec Superior Court
Case Highlight
Grantec Inc. vs. Domtar Inc.
Quebec Superior Court
Expert for the Defence evaluated damages conservatively at $2.69M–$8.6M across scenarios, countering the Plaintiff's initial $15.9M–$16.9M claim. The Court relied upon "the more pragmatic approach" as submitted by the Defence's expert.
Plaintiff's initial claim, effectively challenged through rigorous counter-analysis by Bismuth Consulting acting for the Defence.
Court-Recognized Expert
Accounting, Auditing & Information Systems
Cross-Border Experience
Canadian GAAP & U.S. GAAP proficiency
20+ Years in Litigation Support
Since 1986, across industries and jurisdictions
Practice Area
Arbitration & Mediation
Alternative Dispute Resolution (ADR) mechanisms — arbitration and mediation — are recognized as viable, often less expensive alternatives to full litigation. They are particularly attractive to parties wishing to preserve ongoing business relationships and maintain confidentiality.
Our intervention in an arbitration can take the form of participating as a member of the arbitration panel, or as the accounting, financial reporting, or damages expert for one of the parties. We have assisted companies in preparing and replying to arbitration briefs and have accompanied company representatives through hearings — including a complex international arbitration in Chicago on behalf of Tarkett SA.
Associate Member of the Chartered Institute of Arbitrators, London, U.K.
Experience with binding and non-binding arbitration clauses in commercial contracts
Application of Canadian and U.S. GAAP in cross-border disputes
Preparation and response to complex arbitration briefs
Identification of ambiguities in contract accounting provisions
Validation of financial information transmitted between parties
Practice Area
Professional Liability
Bismuth Consulting has opined on situations involving professional accountants and their role and duties in professional liability actions. In such cases, we rely on our long and varied experience as auditors, and our deep familiarity with Canadian (and sometimes U.S.) generally accepted accounting principles and generally accepted auditing standards.
Our work consists of collaborating with outside counsel, reviewing documentation provided as part of the proceedings, and developing additional questions to shed further light on matters at issue. We prepare well-substantiated, carefully argued reports — clear enough for a non-expert to follow the logic — in full recognition that they will form the basis for potential court testimony if the matter does not settle.
Practice Area
Industry Expertise in Litigation
Disputes are won or lost on the credibility of industry understanding. Claude Bismuth brings recognized expertise across the key sectors where complex commercial disputes arise.
Information Technology
Specific knowledge of IT companies, ERP systems, software, e-commerce, and telecommunications disputes acquired over a 40-year career.
Life Sciences
Deep experience with pharmaceutical, biotech, and personalized medicine companies as auditor, advisor, and board member.
Aerospace & Defence
National Director — Aerospace & Defence at EY Canada. Directed major audits including Bell Helicopters-Textron and related contractors.
Financial Services
Banking, insurance, venture capital, factoring, and asset-based lending — including disputes involving financial statement presentation and valuation.
Manufacturing & Distribution
Extensive experience with manufacturing (automotive, high-tech, food), distribution, consumer goods, and industrial products sectors.
Construction & Engineering
Project assessment in major infrastructure, construction, and engineering firms. Experience with complex consortium and joint venture structures.
Retained Counsel
Facing a Dispute?
Let's Talk.
Early engagement of experienced expert counsel can shape the entire trajectory of a dispute. Contact us to discuss how Bismuth Consulting can assist your legal team.