Areas of Practice

Administrative Law

Benson Buffett has extensive experience in the field of administrative law, dealing with the intricacies of substantive review and procedural fairness as it applies to governments and government agencies. This area of law provides a review of decisions made within the administrative realm and Benson Buffett Lawyers understand the limits which apply to such decisions, and are aware of the remedies available if those limits are exceeded. Benson Buffett can help to determine if an administrative process has been properly administered.

Alternate Dispute Resolution

Alternative Dispute Resolution refers to processes which operate outside the traditional judicial process to solve legal disputes. Processes, such as mediation, are now required by some courts such as the Unified Family Court in Newfoundland and Labrador. Benson Buffett Lawyers recognize when to initiate these less traditional processes to get the best results for its clients. Depending on the situation, Alternative dispute resolution can be a faster, less costly alternative to litigation.

Arbitration

Arbitration refers to the binding decision of a independent third party to resolve a legal dispute and normally takes the form of a quasi-judicial process. Benson Buffett provides legal services in acting as council within the arbitration process, and also, provides arbitration services through its members who routinely sit as Arbitrators both pursuant to contract and pursuant to the Arbitration Act. Being a process outside of the traditional court system, Benson Buffett Lawyers provide advice on all aspects of the process to ensure that the issues in dispute are dealt with properly and fairly.

Business Law

Benson Buffett's business practice extends to providing a full range of services to local, Canadian and international businesses and financial entities. We regularly advise business clients on mergers, acquisitions and divestitures through all aspects of the transaction, help them plan effective business and management structures, assist them in accessing capital and guide them through the process of establishing and maintaining their customer, supplier and franchise relationships.

Civil Litigation

Benson Buffett has a strong litigation department with an extensive amount of experience in civil litigation on both the side of plaintiffs and defendants. Civil litigation usually refers to disputes between members of the public, although, the government can be a party to a civil action, and Benson Buffett lawyers have experience acting for or against both public and private persons. Specifically, our litigation lawyers routinely advise on disputes regarding landlord/tenancy, personal injury, construction, medical malpractice, worker’s compensation, real estate and product liability. Benson Buffett lawyers know when to actively work with opposing parties to reach a fair settlement, but also know when pursue a matter aggressively and effectively through the court process to ensure our clients interested are fully protected.

Commercial Real Estate

Benson Buffett has experience representing clients in all areas of commercial real estate transactions, including the acquisition and sale of office buildings, industrial properties, warehouses, apartment buildings, hotels, and single-purpose facilities. We provide advice on matters concerning ownership of commercial real estate, corporate acquisitions, dispositions and reorganizations that involve land or the acquisition of shares of corporations owning real estate interests. We handle complex transactions, including negotiating and drafting purchase agreements, performing due diligence investigations into property ownership and title matters and negotiating and settling loan transactions related to acquisitions.

Construction Law

Benson Buffett's construction law practice has extensive experience in this field, representing several of the Provinces largest builders and developers. Benson Buffett maintains strong ties with the residential building industry, and several of its lawyers practice in both commercial and residential real estate and civil litigation, providing a unique skill set to effectively advocate for our clients in construction law disputes.

In non-contentious matters, and depending on the project, our clients may require advice in many areas including: general business matters, bridge loans, alternative financing, corporate matters, tax, regulatory and permitting, tendering, construction, real estate, development, government relations, environmental issues and labour law disciplines.

Building on previous client projects, our lawyers are able to quickly assess the nature and complexity of the issues surrounding the procurement, the preferred management and delivery mechanisms for a project and the potential risks and benefits associated with it, from project financing, both conventional and alternative, to construction and commissioning.

Where necessary, our lawyers can also advise clients on insolvency and bankruptcy matters including builders’ liens and other remedies.

Creditor-Debtor Law

Benson Buffett has extensive experience with assisting our clients in recovering assets and funds owed to them by their debtors and enforcing on civil judgments. We provide advice on collection efforts and paired with Benson Buffett’s expertise in litigation our creditor-debtor team acts to help our clients not only obtain judgments but collect on those judgments and debts owed.

Asset recovery – we have appeared at all levels of court in Newfoundland and Labrador on behalf of secured and unsecured creditors to secure judgments, recover collateral and work with the Office of the High Sheriff of Newfoundland and Labrador to recover assets.

Collections – our team is prepared to negotiate with our clients’ debtors to efficiently and effectively recover on debts owing

Power of Sale – we have extensive experience in dealing with the recovery and sale of real property, including power of sale proceedings under Newfoundland and Labrador law.

Criminal Law

Criminal law refers to the State’s prosecution of those individuals who are accused of having breached the Criminal Code of Canada. Benson Buffett lawyers are familiar with the Code and can provide fast, effective advice to ensure your rights are protected. If you have been charged with a criminal offence, it is of utmost importance to contact a lawyer as soon as possible.

Employment & Labour Law

Benson Buffett routinely advises Employers and Employees on Employment and Labour Law issues, labour arbitration, and the rights and responsibilities of the Employer. Our lawyers are experienced in appearing before labour arbitration and human rights tribunals concerning wrongful dismissal and severance, human rights, pensions and benefits, workers’ compensation and occupational health and safety.

Family Law

Benson Buffett regularly advises single, separated and married clients in all aspects of family law, including, property division, spousal, partner and child support, custody and access, and divorce. We negotiate and draft relevant agreements including cohabitation agreements, marriage contracts, parenting agreements and separation agreements. Our lawyers regularly appear before the Supreme Court and the Unified Family Court on contentious Family Law matters.

Health Law

At Benson Buffett, health law has been a core practice area for decades, and we provide advice and representations in all areas of law needed by health organizations, governing bodies, foundations and individual professionals, including grievance and policy formation, information technology, labour and employment, construction and tenders, privacy of and access to information, site management and quality assurance programs, substitute decision makings and credentialing.

Immigration Law

Benson Buffett provides general advisory services for immigration matters for both individual clients and business clients.

Practicing Lawyers

  1. Kenneth J. Byrne

Information Technology

This growing area of law covers a vast array of legal topics including privacy, dissemination of digital information, online security, internet usage and electronic commerce. As our world becomes more connected by new technology, and information becomes more easily accessible, Benson Buffett understands the important role the law has to play in protecting its client’s rights and interests. Benson Buffett Lawyers understand the terminology used in this area of the law, and keep up-to-date on the developing statutes and case law that guides this growing practice area.

Insolvency and Restructuring

Benson Buffett lawyers include nationally recognized leaders in refinancing and restructuring work, acting for financial institutions, borrowers, sellers, leaders, trade creditors and purchasers in debt and equity financings of all kinds, rights enforcement, insolvency and liquidations and all related litigations. Our extensive experience and expertise in this field allow us to provide confident advice and provides for efficient transactions.

Insurance Law

A significant component of our practice deals with providing advice and services to insurers of all types. These services include acting as defence counsel on behalf of insured individuals and bodies corporate, providing coverage advice to insurers, and services as Plaintiff counsel in subrogation files. We are an active member of Canadian Litigation Counsel, a network of Canadian law firms that provide services to the insurance industry.

Intellectual Property

Benson Buffett lawyers routinely advise their clients on how to best protect their Intellectual Property from interference through registration, brand promotion or other methods to deal with any infringements that may occur.

Maritime Law

We have a specialized practice in the area of Maritime Law that includes an array of legal services for shipping and shipbuilding companies. We also advise and act on the financing, purchase and sales of fishing enterprises and related fisheries matters, including marine mortgages, fisheries offences, litigation, and marine tender issues. We represent individual fishers, boat owners and enthusiasts, and large marine corporations. Our lawyers have appeared before the Federal Court, the Court of Appeal of Newfoundland and Labrador and the Supreme and Provincial Courts of Newfoundland and Labrador on Maritime Law issues.

Mining & Oil & Gas Law

As Natural Resources become increasingly important to our province’s economy, so increases the importance of a strong legal team to advise on a multitude of issues arising within this industry, including mineral rights, acquisitions, transactions, permits, financing, development of new projects and necessary approvals. In addition to providing advice on the foregoing, our lawyers also provide advice on the environmental issues accompanying natural resource development. Furthermore, our legal team has the experience and knowledge to provide legal services to other industry players, including service providers, engineers and government departments. Benson Buffett maintains a strong relationship with the Oil and Gas industry, including the main member organizations for the offshore service industry and related service providers.

Municipal Law

Benson Buffett municipal law practice extends to providing a full range of services to municipalities, local service districts, and individuals.

Services include providing advice respecting legislative requirements for various municipal departments, resolving issues which individuals may have with municipal decisions, as well as municipality related litigation.

Personal Injury

Benson Buffett has extensive experience in personal injury, in particular, motor vehicle accidents and occupier’s liability. This experience includes court room examinations involving complicated expert evidence. We represent both plaintiffs and defendants including insurance companies, large retailers in Newfoundland and Labrador and injured individuals.

Our Lawyers have appeared before the Court of Appeal, Supreme Court and Provincial Court of Newfoundland and Labrador on personal injury claims and have vast experience negotiating with insurers.

Professional Discipline

Benson Buffett lawyers routinely represent and provide services to professional regulatory bodies including in the area of disciplinary proceedings. In the case of some regulatory bodies we act as prosecutor in disciplinary matters and in the case of other such bodies provide advisory services to disciplinary hearing panels. We are also available to act as defence counsel to those professionals facing professional discipline in the case of proceedings before regulatory bodies to which we do not routinely provide prosecution or panel advisory services.

Residential Real Estate

Benson Buffett has a very large residential real estate practice. Our lawyers routinely provide advice on the purchase and sale of homes, home mortgages, builder mortgages and declarations of ownership and inter-family transfers. Benson Buffett maintains a strong relationship with community partners in the residential building industry, routinely providing advice to both small and large developers on residential housing projects.

Benson Buffett also has extensive experience in completing Quieting of Titles Applications on behalf of our corporate and individual clients.

Transportation Law

Benson Buffett lawyers have extensive experience in advising and representing clients in all aspects of law relating to the transportation industry. Our Practice Group has provided advice and representation to various clients such as aircraft and helicopter companies, inter-provincial trucking companies, and national and international shipping companies to name a few.

Benson Buffett also has an extensive Maritime Law practice, which includes services such as providing advice on marine insurance policy coverage, maritime commercial contracts including shipbuilding, charter party, insurance and freight forwarding contracts, and Maritime bankruptcies and insolvencies.

Practicing Lawyers

  1. Deborah L. J. Hutchings

Wills and Estate Planning

Our lawyers have extensive experience in all aspects of Personal Assets Management and Planning from the development of a personalized assets management plan to acting as trustees, administrators or executors, or aiding and advising these individuals on your behalf.

We understand that our clients have worked hard to grow their personal assets and want them safe guarded for their beneficiaries. We can help you protect your assets, including family owned enterprises, through the use of wills, trusts, inter vivos gifts, powers of attorney and other administrative documents or tools. Our lawyers will ensure that your corporate, family and real estate interests are safe guarded.