Lucinda has a broad civil litigation practice that includes commercial litigation, personal injury, employment, real estate, and other disputes.
Lucinda is a graduate of Osgoode Hall Law School, where she worked as a case worker at the employment and labour division of the Community and Legal Aid Services Program. She also holds a Bachelor of Commerce from Ryerson University and a Masters of Industrial Relations from Queens University. During her studies, Lucinda assisted with various research efforts including a leading report on direct support professionals and their work experiences in Ontario’s Developmental Services sector.
Lucinda articled with Stevenson Whelton LLP in 2018 and joined the firm as an associate. She is a fluent speaker of Krio.
- 7868073 Canada Ltd. et al. v. 1841978 Ontario Inc. et al., 2019 ONSC 1708
In this case, argued by Stevenson Whelton partner Richard Macklin and associate Lucinda Bendu, the main issue was: what nature and quality of assets will be sufficient to defeat the other side’s assertion that the plaintiff corporation has insufficient assets and therefore security for costs should be ordered. Many cases, including this case, involve small business plaintiffs with imperfect financial statements and earnings histories. However, Security for Costs Orders, especially in the $1,000,000 range, have dramatic tactical implications on the proceedings as a whole, in the defendant’s favour. Therefore, such orders should only be granted in circumstances where careful consideration of the available assets and other issues has been given. Justice Hainey of the Commercial List wrestled with these issues in 7868073 Canada Ltd. et al. v. 1841978 Ontario Inc. et al., 2019 ONSC 1708. His Honour dismissed the motion for $1.0 million in security for costs and also ordered $43,000 in costs, in our client’s favour, in a later unreported endorsement.
- Ali Zenaid Trading Company LLC v. Heys International Limited, 2019 ONSC 674
This ruling by Master Jolley, in a case argued by Stevenson Whelton partner Richard Macklin and associate Lucinda Bendu, took a close look at the merits of Stevenson Whelton's client's claim. Her Honour found that the merits were sufficiently strong to defeat the motion for a six-figure Security for Costs Order – brought by an Ontario defendant. Defeating a Security for Costs motion on the “merits” ground is exceptionally rare in the case of a foreign plaintiff, that has no assets in Ontario. Her Honour addressed this unique practice issue, dismissed the motion and further ordered $15,000 in costs against the defendant.