Davit Akman is a partner in the Litigation and the Competition & Foreign Investment Review practices. He specializes in corporate/commercial litigation in individual and class action proceedings, and public law, including competition, administrative and constitutional litigation.

Davit has acted in matters before all levels of court, including before the Court of Appeal for Ontario, the Federal Court (trial and appeal divisions) and the Supreme Court of Canada. He has also appeared before various administrative tribunals, including the Competition Tribunal and the Ontario Energy Board.

Davit has acted as counsel in numerous significant and complex matters, including precedent-setting cases in the areas of oppression, class actions and competition law.

Prior to joining the firm, from 1999 to 2000, he clerked at the Supreme Court of Canada for The Honourable Madam Justice Louise Arbour.

Representative Work

• Acted for BCE Inc. and Bell Canada before the Supreme Court of Canada in the landmark case involving the proposed $51.7 billion privatization of BCE and the attempt by certain holders of debentures of Bell Canada (BCE's subsidiary) to prevent court approval of the transaction on the basis that the transaction failed to properly protect their interests.
• Acted as counsel for Canada Pipe Co. Ltd., a Canadian manufacturer of cast iron drain, waste and vent (DWV) products, in proceedings before the Competition Tribunal and Federal Court of Appeal involving the only fully contested abuse of dominance case to be decided in Canada in the last ten years.
• Acted for Hollinger Inc. in its action against Conrad Black and other former executives of Hollinger in a multi-million dollar action for breach of fiduciary duty and oppression. 
• Acted for a target in the criminal investigation brought by the Commissioner of Competition into an alleged conspiracy in the Canadian carbonless paper industry.
• Acted as counsel for Agricore United in proceedings before the Competition Tribunal to rescind a consent agreement filed in connection with the merger of United Grain Growers Ltd. and Agricore Cooperative Limited, to form Agricore United.
• Acted on behalf of the Commissioner of Competition as special counsel in respect of contested proceedings, and as a special advisor to the Commissioner concerning proposed amendments to the Competition Act.
• Acted for Barrick Gold Corporation in a multi-million dollar dispute involving entitlements under a net smelter royalty as between Barrick, Newmont Canada Ltd., Royal Gold, Inc. and St Andrew Goldfield Ltd.

Articles and Publications

Davit has co-authored numerous reports, articles and conference papers on competition, litigation and class action issues, including:

• "Class Action First in Canada: Contested Price-Fixing Class Actions Including Indirect Purchasers Certified for First Time by Canadian Courts" in Antitrust Trial Practice Newsletter (The Section of Antitrust Law of the American Bar Association) (Winter 2010) 9;
• two reports commissioned by the Competition Bureau: Legislative Framework for Amending Section 45 of the Competition Act and Proposal for Legislative Changes to Section 45 of the Competition Act, both of which appear on the Bureau's website;
• "Developments in the Law of Evidence: The 2008-2009 Term" (2009), 48 Sup. Ct. L. Rev. 161; "Developments in the Law of Evidence: The 2007-2008 Term" (2008), 43 Sup. Ct. L. Rev. 299; and "Developments in the Law of Evidence: The 2003-2004 Term" (2004), 26 Sup. Ct. L. Rev. 355;
• "The Case for Mills Injunctions", paper delivered at Ontario Bar Association conferences on Injunctions (2005) and "Deadbeat Dilemmas" (2006 and 2008); and
• "Emerging Issues in Class Action Litigation", paper delivered at the Osgoode Hall Professional Development Centre's conference on Emerging Issues in Corporate Litigation (2001).

Teaching Engagements

Davit has been a guest lecturer at the Intensive Trial Advocacy Course at Osgoode Hall Law School.

Top of Page