March 12, 2010
 
Nicholas S. Rodrigo - Representative Work
 
 
 
      Transactions and Cases   Year  
 
      Acting for a Québec-based gas retailer in connection with criminal charges laid by the Competition Bureau for alleged price fixing and related class actions.   2009  
      Acted for the Canadian Chamber of Commerce in an appeal concerning the right of employers to definitively close their establishment for any reason whatsoever. In the cases Plourde c. Compangnie Wal-Mart du Canada inc. and Johanne Desbiens, et autres c. Compagnie Wal-Mart du Canada Inc., the Supreme Court was called upon to define the scope of the employer's right to cease operations, even where the reason for the business closure was the employer's unwillingness to deal with a union. Davies intervened on behalf of the Canadian Chamber of Commerce in favour of Wal-Mart's right to close a store in that had recently been unionized. Davies acted for the Canadian Chamber of Commerce in the intervention before the Supreme Court.   2009  
      The Quebec Court of Appeal upheld the judgment of the Superior Court in the case of Option Consommateurs v. Novopharm et al. by unanimously dismissing the appeal by a consumer advocacy group.  The group had sought court authorization to proceed with a $3.9 billion class action against manufacturers of generic medications in relation to allegations of improper pricing of medications subsidized under the provincial drug insurance system.  Davies represented Pharmascience Inc., a major drug manufacturer.   2008  
      Acted for BCE Inc. and Bell Canada before the Supreme Court of Canada and the courts below 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. In a unanimous decision, the Supreme Court of Canada reversed the previous decision from the Québec Court of Appeal, rejected the claims made by the debentureholders, and restored the trial judge's approval of the transaction.   2008  
      Successfully represented Concordia University in the Bisaillon v. Concordia University case before the Supreme Court of Canada. Davies argued that the Superior Court had no jurisdiction to entertain a class action initiated by Bisaillon claiming the payment by Concordia of well over $100 million to the pension fund of its employees.   2006  
      Represented Pharmascience before the Superior Court of Québec, the Québec Court of Appeal and the Supreme Court of Canada in proceedings against the Syndic of the Ordre des pharmaciens du Québec challenging the validity of requests for the production of documents.   2006  
      Acted for a target of a criminal investigation into alleged conspiracy in fine paper industry, including with respect to proceedings in the Federal Court of Canada concerning the issuance of search warrants under the Criminal Code.
  2006  
      Acted for Tenneco Inc., Tenneco Packaging Co. and Packaging Corporation of America in their defence of a class action alleging a price-fixing conspiracy and Competition Act violations in respect of linerboard.   2006  
      Successfully defended SONY BMG Music (Canada) Inc. in a class action based on alleged damages caused by music copy protection software contained in CDs.   2006  
      Flightsafety Canada Ltd., a manufacturer and operator of flight simulators and flight training services, received a CDN$1.3 million settlement relating to a claim for a refund of Ontario sales tax improperly charged to the company.   2004  
      Defence of a generic drugs manufacturer against a multi-million dollars law suit filed by the Régie de l’assurance maladie du Québec for the reimbursement of alleged rebates paid to pharmacists (before the Superior Court of Québec).   2004  
      Proceedings against the Régie de l’assurance maladie du Québec and the Syndic of the Ordre des pharmaciens du Québec challenging the validity of requests for the production of documents (before the Superior Court of Québec).   2004  
      Successfully represented Pharmascience in its defence of a multi-billion dollar class action filed against eight generic drug manufacturers for the reimbursement of alleged rebates paid to pharmacists and a challenge to the new provisions of the Québec Code of Civil Procedure relating to the authorization of class actions, based on the Québec Charter of Human Rights and Freedoms.   2004  
      Defence of multiple class actions relating to a series of real estate investment projects located in Dallas, Texas.   2004  
      Acting for defendant in multiple class actions commenced throughout Canada relating to an alleged conspiracy to fix the prices and market for vitamins in Canada.   2003  
      Acted on behalf of Cinar in significant litigation in Canada and elsewhere involving the recovery of in excess of $100 million in relation to certain unauthorized transactions.  This litigation involves jurisdictional enforcement and liquidation proceedings.   2002  
      Injunction proceedings against the Dorval Airport authority with respect to landing rights at Dorval.    
      Representation in relation to substantial construction and financial claims against a Japanese engineering and financial group.