Davies

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• Acted successfully on behalf of the Canadian Chamber of Commerce in favour of Wal-Mart before the Supreme Court of Canada in an appeal concerning the scope of the employer's right to cease operations, even where the alleged reason for the business closure was the employer's unwillingness to deal with a union that had recently obtained certification of the workplace. The majority of the Supreme Court held that although anti-union animus could, in principle, constitute the basis for awarding compensation under the unfair labour practice provisions of the Québec Labour Code, the wrongful dismissal provisions assumed the continued existence of a workplace.

• 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.

• Acting for Agence métropolitaine de transport (AMT) in defence to a multi-million dollar class action instituted on behalf of train users as a result of alleged delays in the train service on two of AMT's train lines.

• Acted successfully for The Globe and Mail in its appeal to the Supreme Court of Canada involving the boundaries of freedom of expression and more particularly, the extent of the protection of confidentiality of journalistic sources and the availability of publication bans to protect confidential communications.

• Acted for The Montréal Expos in their challenge of Québec tax assessments for employer contributions to the Québec Health Services Fund (before the Court of Québec).

• Acted for U.S.-based private equity firm Mill Road Capital, L.P. in its successful "white knight" bid for Cossette Inc. for approximately $134 million.

• Acted for Hydro-Québec in connection with its $4.75-billion proposed acquisition of substantially all of the assets of New Brunswick Power and that of its affiliates, including hydroelectric, combustion and nuclear facilities.

• Acted successfully for André Drouin, a taxpayer who purchased a franchise in a software development company ("Prospector"), in connection with his appeal before the Tax Court of Canada against a Canada Revenue Agency assessment denying all deductions related to his franchise. The appeal serves as a de facto representative case for approximately 300 other investors who are contesting potentially hundreds of millions of dollars in tax deductions.