Edward Babin is a senior partner in the litigation group. He has appeared many times as counsel at every level of court in Ontario, including at trials and other hearings before the Justices of the Commercial List in Toronto and the Court of Appeal, at the Federal Court and the Supreme Court of Canada, at numerous arbitrations and before a variety of administrative tribunals, including the Ontario Securities Commission and the Competition Tribunal.
Ed focuses on corporate/commercial litigation in individual and class action proceedings, addressing a broad range of complex contract, securities, corporate governance, oppression, competition, investment advisor, executive employment, insolvency, conspiracy and fraud-related matters. He has also acted as counsel in a number of cases involving technology companies and intellectual property issues, as well as in a range of tort cases (including product liability matters). He is a member of the Davies Board Investigation Group and has participated in several investigations covering a number of topics.
Ed has recently acted as counsel for defendants in a range of consumer, competition, franchise and securities related class actions and in a number of recent complex matters involving takeover bids and other change of control transactions, including transactions involving Xstrata, Petrokazakhstan Inc. and Bolivar Gold Corporation.
He has also represented many companies in competition matters, including most recently Canada Pipe before the Competition Tribunal, the Federal Court of Appeal and the Supreme Court of Canada in proceedings brought under the abuse of dominance provisions of the
Competition Act. He is counsel to B-Filer Inc. on an appeal to the Federal Court of Appeal from the first decision of the Competition Tribunal dealing with the
Competition Act's refusal to deal provisions.
Ed recently acted at trial, in the Ontario Court of Appeal and the Supreme Court of Canada on behalf of Bank Leu, a subsidiary of Credit Suisse, in its successful claim concerning a worldwide securities fraud. He also recently appeared before the Court of Appeal and the Supreme Court of Canada on behalf of Brookfield Properties in connection with several claims and a proposed class action concerning the restructuring of the former BCED.
In addition to this broad range of experience, Ed has handled numerous insolvency, public and administrative law, and sports-related matters. He has acted for the Canadian Football League and has participated in numerous salary arbitrations, representing several Canadian and American National Hockey League clubs.
Ed is a contributing editor of the Federated Press publication
Corporate Liability. He has written and published articles, spoken at conferences and to clients on a variety of procedural and substantive topics, including most recently on the recent amendments to the
Securities Act to create a civil liability regime dealing with secondary securities market disclosure issues – in particular on the prospect that the new civil liability regime will lead to a substantial increase in securities class actions, standards of care for corporate officers and directors, handling electronic documentation, examinations for discovery, international fraud in the
International Commercial Litigation Review, and worldwide Mareva injunctions in the
Canadian Business Law Journal.
Ed was named in the publication
Best Lawyers in Canada in the areas of class actions and corporate commercial litigation. He is a graduate of the National Institute of Trial Advocacy Master Advocates Program and has for many years been an instructor at the Intensive Trial Advocacy Workshop at Osgoode Hall Law School. He has also delivered conference and workshop presentations on both substantive and procedural litigation. Ed earned his B.A. in Psychology from Concordia University. He completed his LL.B. at Osgoode Hall Law School in 1985 and his LL.M. in International Law from the London School of Economics in 1990.