Protection de l’environnement : le gouvernement du Québec veut légaliser l’expropriation déguisée
Dec. 11, 2023 – Translation in progress. L’Assemblée nationale a adopté, le 8 décembre dernier, des dispositions qui impacteront de manière draconienne les propriétaires dépossédés de leur terrain par un règlement municipal. Atteinte justifiée au droit de propriété Bien que ces dispositions confirment le...
Nov. 23, 2023 – The 2023 Lexpert Special Edition: Litigation lists 19 Davies partners among Canada’s top practitioners. This year, the following partners are recognized for excellence in the industry: Marc-André Boutin William Brock Chantelle Cseh Marie-France Dompierre Guy Du...
Aug. 24, 2023 – The 2024 edition of Best Lawyers in Canada names Davies “Law Firm of the Year” for Alternative Dispute Resolution and Corporate Law. Additionally, 134 partners in 48 practice areas are named among the country’s best, while the following six partners received “Lawyer of the Year” in their...
Bench Strength of Davies’ Women Litigators Recognized in Benchmark Litigation’s 2023 Rankings
Aug. 08, 2023 – A testament to our established and up-and-coming first-chair talent, Davies women were honoured in multiple categories*: Andrea Burke (Litigation Star, Top 100 Women Litigators) Chantelle Cseh (Litigation Star, Top 100 Women Litigators, 40 & Under List) Marie-France Dompierre ...
Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.
June 06, 2023 – The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association 1 ( Pointes Protection ) and Hansman v Neufeld 2 ( Neufeld ), has issued its much-anticipated decision in The Catalyst Capital Group Inc. v...
Canada’s Top Court Confirms Anti-SLAPP Motions Protect Speakers, Not Plaintiffs
May 25, 2023 – The Supreme Court of Canada, in commenting on anti-SLAPP 1 legislation for the third time in the span of three years, has confirmed that even potentially meritorious claims must be dismissed if the public interest in the defendant’s expression outweighs the public interest in allowing the...
May 23, 2023 – The Superior Court of Québec recently published its reasons 1 approving Canada’s second remediation agreement under the Criminal Code , Canada’s version of a deferred prosecution agreement (DPA). In his reasons, Justice Marc David expanded on the principles applicable to Canada’s remediation...
Benchmark Awards Davies Litigators Top Rankings for 2023
May 03, 2023 – Benchmark Canada has released its 2023 Litigation Guide and Top 50 Trial Lawyers list. Partners William Brock , Guy Du Pont and Kent Thomson were named to the 2023 Benchmark Litigation Canada Top 50 Trial Lawyers list. Our litigation team achieved the top distinction of “Highly Recommended”...
Davies Secures Significant Victory for Manufacturer in Product Liability Case
Jan. 19, 2023 – Davies successfully acted for Envergent Technologies LLC, a subsidiary of Honeywell International Inc. and UOP LLC, in proceedings that arose out of the construction and equipping of a biofuel production plant in the city of Port-Cartier, Québec. Envergent contracted with AE Côte-Nord Canada Inc....
Kent Thomson Inducted as Fellow of the American Bar Foundation
Oct. 11, 2022 – Kent Thomson was inducted as a Fellow of the American Bar Foundation (ABF), a global honorary society of lawyers, judges and legal scholars whose public and private careers have demonstrated outstanding dedication to the highest principles of the legal profession and the welfare of their...
Sept. 15, 2022 – A February 16, 2021 decision of the United States District Court for the Southern District of New York held, in In re Citibank August 11, 2020 Wire Transfers , 520 F. Supp. 3d 390, that lenders who received almost $900 million mistakenly wired to them by Citibank (the administrative agent for a...
No Need to Disclose “Unsolicited, Inexpert, Premature and Unreliable” Opinions
Aug. 16, 2022 – Overview The Court of Appeal for Ontario has confirmed that a public company acted properly and lawfully when it decided not to disclose to the investing public an opinion received from an external consultant that questioned the economic viability of the company’s main asset, in circumstances...
Aug. 04, 2022 – Five Davies partners are named among the country’s top 100 women litigators for 2022 by Benchmark Litigation : Andrea L. Burke is a trusted adviser to companies navigating complex business disputes and corporate litigation. Clients value Andrea’s thoughtful, decisive and strategic...
Three Davies Litigators Named in Benchmark Litigation’s 40 & Under List 2022
Aug. 03, 2022 – Benchmark Litigation has recognized three Davies partners in its seventh annual 40 & Under List, an exclusive list of the most notable up-and-coming litigators in Canada and the United States: Andrew Carlson has an exceptional record of success in high-stakes, complex commercial...
First Remediation Agreement under the Canadian Criminal Code: Key Takeaways
June 14, 2022 – The Superior Court of Québec recently published its reasons 1 approving Canada’s first remediation agreement under the Criminal Code , which is Canada’s version of a deferred prosecution agreement (DPA). In his reasons, the Honourable Justice Eric Downs provided an extensive overview of the...
Davies Litigators Score Top 2022 Rankings from Benchmark Litigation
Apr. 29, 2022 – Partners William Brock , Guy Du Pont and Kent E. Thomson were named in the 2022 Benchmark Litigation Canada Top 50 Trial Lawyers list, continuing this honour from previous years. Our litigation team again achieved the top distinction of “Highly Recommended” in both Ontario and Québec in the...
Davies Advises on Litigation of the Year – Cartel Defence at 2022 GCR Awards
Apr. 08, 2022 – At Global Competition Review ’s 12th annual GCR Awards, we were honoured with the “Litigation of the Year – Cartel Defence” award for successfully representing our clients SK hynix Inc. and SK hynix America Inc. against multiple class actions alleging a price-fixing conspiracy in the dynamic...
Davies Welcomes New Partner Chanakya Sethi to Dispute Resolution Group
Jan. 17, 2022 – We are pleased to announce that Chanakya Sethi has joined Davies as a partner in the Dispute Resolution practice of our Toronto office. Focused on complex civil litigation, Chan has helped to lead the defence of several bet-the-company, multibillion-dollar cases involving competition and class...
COVID-19 and the Courts: What You Need to Know
Dec. 22, 2021 – Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities and easing restrictions, then scaling back services and reintroducing...
China Mobile Case Illustrates Breadth of Canada’s National Security Review Regime
Dec. 20, 2021 – After operating in Canada for five years, China Mobile International (Canada) Inc. (CMI) was ordered by the Canadian government in August 2021 to shut down or divest its Canadian operations because of national security concerns. CMI has applied for judicial review of the government’s decision and...
Davies Recognized in Lexpert Special Edition: Litigation
Nov. 29, 2021 – Lexpert has named 21 Davies partners among Canada’s best litigators in its 2021 Lexpert Special Edition: Litigation , recognizing our team’s ability to secure winning results for our clients in complex, high-stakes commercial disputes. In addition, Quebec (Attorney General) v 9147-0732 Québec...
Financial Times Shortlists Davies for Innovative Lawyers North America Awards 2021
Nov. 16, 2021 – Davies has been shortlisted for the Financial Times Innovative Lawyers North America Awards 2021 for Innovation in Social Justice. Davies is nominated for acting for the Honourable Morris J. Fish , former Supreme Court of Canada Justice and Jurist in Residence at Davies, in his independent...
Certification Dismissed in DRAM Class Action
Nov. 10, 2021 – Davies is acting for SK hynix Inc. and SK hynix America Inc. in their defence of multiple class actions across Canada alleging anticompetitive conduct in respect of the sale of dynamic random-access memory (DRAM) chips, including with respect to cross-border issues arising out of parallel U.S. ...
Sept. 30, 2021 – The Québec Superior Court has refused to certify a class action proceeding seeking the recovery of business interruption losses related to the COVID-19 pandemic. This decision, in Centre de santé dentaire Gendron Delisle inc. v La Personnelle, assurances generales inc. , is among the first in...
Cara Cameron and Sandra Forbes Recognized Among Top 50 Women in Canada by Benchmark Litigation
Aug. 05, 2021 – Benchmark Litigation has named Davies partners Cara Cameron and Sandra A. Forbes among the country’s top 50 women litigators in 2021. Cara Cameron has an exceptional track record in high-stakes commercial litigation at all levels of court, including the Supreme Court of Canada, with...
Six Davies Litigators Named in Benchmark Litigation’s 40 & Under List 2021
July 21, 2021 – Davies partners Andrew Carlson , Chantelle Cseh , Steven G. Frankel , Julie Girard , Christian Lachance and Léon H. Moubayed have been recognized in Benchmark Litigation ’s sixth annual 40 & Under List, an exclusive list of the most notable up-and-coming litigators in Canada and the...
Davies Jurist in Residence Morris J. Fish Delivers Report on Canada’s Military Justice System
June 04, 2021 – On June 1, 2021, the Honourable Morris J. Fish , former Supreme Court of Canada Justice and Jurist in Residence at Davies, and his team delivered to the Minister of National Defence their highly anticipated report on Canada’s military justice system. The Department of National Defence...
May 18, 2021 – The Court of Appeal of Québec (CAQ) handed down its decision in Bédard c. Directeur des poursuites criminelles et pénales on 4 March 2021 ( Bédard ). 1 The judgment contains an interesting consideration of section 12 of the Canadian Charter of Rights and Freedoms (Charter), which provides...
Davies Once Again Named Competition Firm of the Year at 2021 Benchmark Litigation Canada Awards
May 13, 2021 – Known for securing winning results when the stakes are high, Davies’ litigators have been recognized for their top-notch advocacy skills, winning Competition Firm of the Year for the second consecutive year at the 2021 Benchmark Litigation Canada Awards on May 12, 2021. In and out of the...
Apr. 30, 2021 – The Supreme Court of Canada (SCC) has denied leave to appeal in the proceedings of Nemaska Lithium Inc. and its subsidiaries (collectively, Nemaska) under the Companies’ Creditors Arrangement Act (CCAA). In November 2020, the Québec Court of Appeal (QCA) dismissed leave applications from the...
Davies Litigators Achieve Top Ranking in Benchmark Canada 2021
Apr. 28, 2021 – Davies has again earned the top distinction of “Highly Recommended” in both Ontario and Québec in the 2021 edition of Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys . In this year’s guide, 19 of our lawyers were recognized as Litigation Stars across 11...
Supreme Court of Canada Rules on Carbon Pricing, Paving Way for Offset Credit Regulations
Mar. 29, 2021 – The Supreme Court of Canada (SCC) has released its highly anticipated decision on the constitutional validity of the federal framework for carbon pricing under the Greenhouse Gas Pollution Pricing Act (GGPPA), which became law in 2018. In a split decision on March 25, 2021, the majority of the...
A One-in-a-Billion (-Dollar) Mistake
Mar. 23, 2021 – Last year, Citibank made what was likely the costliest bank error in history. To the astonishment of many observers, a U.S. federal court in New York, in a decision released on February 16, 2021, allowed the recipients of Citibank’s mistaken largesse to keep the money. The story has attracted...
Davies Representing Plaintiffs in Class Action Against Canada Artistic Swimming
Mar. 10, 2021 – Davies lawyers Cara Cameron and Hannah Toledano are representing five members of Canada’s national artistic swimming teams (formerly called synchronized swimming) in a class action lawsuit brought against their national sporting organization, Canada Artistic Swimming (CAS), for failing to protect...
(Un)Fettered Contractual Rights and Discretion
Mar. 03, 2021 – How can the exercise of seemingly unfettered contractual rights and discretionary powers ever constitute a breach of contract if exercising such a power (even opportunistically) is merely doing what the other party agreed it could do? Two recent companion decisions of the Supreme Court of Canada...
Villa Ste-Rose: FCA Confirms Interest and Penalties Apply After GST Rebates Are Deducted
Mar. 02, 2021 – In Canada v Villa Ste-Rose Inc. (2021 FCA 35), the Federal Court of Appeal (FCA) confirmed the decision of the Tax Court of Canada (TCC) that interest and penalties on the late filing and remittance of goods and services tax (GST) must take into account offsetting rebates to which the taxpayer...
Bill Brock and Cara Cameron Discuss Cinar Fraud Case on The Fifth Estate and Enquête
Mar. 01, 2021 – Davies partners Bill Brock and Cara Cameron, who represented Cinar Corporation against executives who defrauded the company, were featured on CBC’s The Fifth Estate and Ici Radio-Canada’s Enquête to discuss their role in this high-profile case. Bill and Cara were hired by Cinar’s board of...
Davies Adds New Partner Corey Omer to Dispute Resolution Group
Feb. 22, 2021 – We are pleased to welcome Corey Omer as a partner in the Dispute Resolution group of our Montréal office. A skilled and versatile advocate, Corey will be a vital asset in helping our clients navigate their most pressing risk and reputational challenges. He joins us from the New York office of...
Alstom Acquires Bombardier Transportation to Become Leader in Global Mobility Market
Feb. 01, 2021 – French train manufacturer Alstom S.A. completed its acquisition last week of Bombardier Transportation, strengthening its position in the global market amid greater demand for greener transportation worldwide. Davies acted as Canadian counsel to Alstom in the €4.4-billion strategic acquisition,...
Québec Court Ruling Advances Trans and Non-Binary Rights
Jan. 29, 2021 – In a major victory for human rights, the Superior Court of Québec has issued its long-awaited decision in a lawsuit brought by the Centre for Gender Advocacy, two trans individuals and their spouses, alleging discrimination against trans, non-binary and intersex people and their families. Davies...
Dec. 15, 2020 – The economic dislocation caused by the COVID-19 pandemic has led to an uptick in “busted deal” litigation in M&A transactions in the United States and Canada. 1 The crux of the litigation is whether the buyer may abandon the transaction without penalty on the basis of allegations that the...
Davies Cases and Litigators Recognized in Lexpert Special Edition
Dec. 02, 2020 – We are proud to have advocated for our clients in four of Lexpert’s Top 10 cases in 2019-2020. Lexpert’s annual list identifies the year’s most significant commercial decisions in Canada. In recognition of the impactful outcomes our litigators have achieved for clients in the past year, we are...
Nov. 19, 2020 – In a recent decision, 1 the Court of Québec permanently stayed the prosecution of tax fraud charges made against a corporation and two related individuals after finding "serious, multiple and systemic" 2 violations of constitutional rights. The Court held that the violations revealed "a..."
Corporations Cannot Suffer Cruel and Unusual Treatment or Punishment
Nov. 06, 2020 – The Supreme Court of Canada (Supreme Court) yesterday handed down its highly awaited decision in Quebec (Attorney General) v 9147-0732 Québec inc. 1 For the first time, the Court decided that corporations cannot claim the protection of section 12 of the Canadian Charter of Rights and Freedoms ...
Nov. 02, 2020 – Davies is proud to represent, on a pro bono basis, the World Sikh Organization of Canada (WSO) and one of its directors, Ms. Amrit Kaur, in their challenge to Québec’s Act respecting the laicity of the State. Represented by a Davies team comprising Léon Moubayed , Faiz Lalani and Sarah...
Davies’ Pro Bono Work Facilitates Agreement to Reform Québec’s Legal Aid System
Oct. 30, 2020 – After three years of negotiations, Davies partner Lucien Bouchard helped secure an agreement between the Québec government and the Barreau du Québec to raise legal aid fees and ultimately improve access to justice. The agreement, which will establish an independent working group to conduct a...
Jordan Ceilings: Particular Application to White Collar Crime
Oct. 08, 2020 – In a case successfully argued by Davies, the Court of Québec concluded that the prosecution infringed the right of the accused to be tried within a reasonable time and, as a result, ordered (published in French) a stay of proceedings and charges. This is an important decision in that it deals...
Canada’s Top Court Provides Guidance on SLAPPs
Sept. 21, 2020 – Overview Strategic lawsuits against public participation (SLAPPs) are lawsuits that are intended not to seek justice, but instead to intimidate and silence critics. Regardless of the merits of its underlying claim, a well-heeled plaintiff is often able to drag the critic through costly and...
Davies Litigators Named in Benchmark Litigation’s 40 & Under List and Top 50 Women in Canada
Aug. 04, 2020 – Benchmark Canada has recognized four Davies litigators as among the best in their field for 2020. Chantelle Cseh , Julie Girard and Léon Moubayed have been named in Benchmark’s fifth annual 40 & Under List, which profiles the country’s most notable up-and-coming litigators who stand out in...
Class Actions: Gambling on a Novel Cause of Action May Not Be a Winner
July 29, 2020 – In Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 ( Babstock ), the Supreme Court of Canada (SCC) clarifies the contentious doctrine of “waiver of tort” and provides helpful guidance on the way courts should assess novel claims at the stage of certification of a proposed class proceeding...
Québec Superior Court Renders First Decision on the Impact of COVID-19 on Commercial Leasing
July 22, 2020 – The Québec Superior Court recently handed down a decision stating that the mandatory closure of businesses ordered by the Québec government on March 24, 2020, due to the COVID-19 pandemic constitutes force majeure. The Court also interpreted a clause of the lease providing that the tenant must pay...
July 21, 2020 – In a unanimous decision, the Québec Court of Appeal (QCA) put an end to a controversy in the case law regarding the implementation of the receiver regime under the Bankruptcy and Insolvency Act (BIA) in Québec. The QCA confirmed that a secured creditor can have a receiver appointed under the BIA...
July 03, 2020 – The Supreme Court of Canada has released its highly anticipated decision in Uber Technologies Inc. v David Heller (Uber) , ruling that a proposed class action on behalf of Uber drivers can proceed despite an arbitration clause contained in the standard form agreement between drivers and Uber. ...
Can the State Be Held Liable for Neighbourhood Disturbances?
June 17, 2020 – In Maltais c Procureure générale du Québec , 2020 QCCA 715, the Québec Court of Appeal rendered an important decision regarding Crown liability. Its decision clarifies whether the regime of no-fault liability for neighbourhood disturbances applies to the government. It also contains important...
Canadian Directors Should Heed Recent U.S. Caremark Litigation
June 05, 2020 – Over the past year there has been a noticeable uptick in claims permitted by Delaware courts alleging a failure by directors to make a good faith effort to monitor corporate operations – otherwise known as a Caremark claim. 1 A Caremark claim is founded on the principle that directors have,...
Davies Litigators Earn Top Honours at 2020 Benchmark Canada Awards
May 29, 2020 – Davies’ award-winning Litigation team has once again been recognized for its exceptional talent and commitment to client success, taking home four top wins at the Benchmark Canada 2020 Awards held online on May 28, 2020. Partner Kent Thomson was honoured with the Benchmark Litigation Hall of...
May 27, 2020 – Preventing corruption is a day-to-day challenge that requires society as a whole to become aware of the necessity to foster a real cultural shift. Although legislation and internal policies remain essential, they are not sufficient to prevent corruption. They must be supplemented by a genuine...
Canadian Government’s Proposed Extension of Time Limits Due to COVID-19
May 27, 2020 – As part of the federal government’s response to the COVID-19 pandemic, the Department of Finance recently published a draft legislative proposal , the Time Limits and Other Periods Act (COVID-19) (Proposal), that, if implemented, would provide for an automatic six-month suspension of time limits...
Kent Thomson Quoted in The Globe and Mail on Telecom Rates Appeal
May 25, 2020 – The Globe and Mail quoted Davies partner Kent Thomson in an article published last week following a request by Canada’s large cable carriers that the Federal Court of Appeal hold an in-person hearing of their pending appeal in that Court. The companies are appealing an August ruling of the...
May 20, 2020 – In The Toronto-Dominion Bank v Queen (2020 FCA 80), the Federal Court of Appeal (FCA) confirmed a Federal Court (FC) decision and ruled that a secured creditor had a statutory obligation to pay the Canada Revenue Agency (CRA) for a tax debt of an arm’s-length borrower because the secured...
Canada’s Top Court Provides Crucial Guidance on the Conduct of Insolvency Proceedings
May 08, 2020 – The Supreme Court of Canada delivered its reasons today in 9354-9186 Québec inc. v Callidus Capital Corp. , 2020 SCC 10, after having unanimously allowed the appeals from the bench on January 9, 2020. Davies represented the principal – and successful – appellants in this matter. 1 In its...
Jean-Philippe Groleau Speaks to La Presse on Tracing Individuals with COVID-19
May 07, 2020 – With Ottawa and some provincial governments considering a national strategy to track Canadians infected with COVID-19 using geolocation technology, La Presse featured Jean-Philippe Groleau for his insights on the legal and constitutional questions that such a strategy might raise. In the ...
Apr. 22, 2020 – In Chandler v Volkswagen Aktiengesellschaft , the Superior Court of Québec recently dismissed a securities class action brought against Volkswagen Aktiengesellschaft (VW). It did so even though the Court had previously dismissed VW’s jurisdictional arguments at the authorization (certification)...
COVID-19 Insurance Related Considerations - Business Interruption Coverage Update
Apr. 03, 2020 – In an article posted to our website on March 18, 2020, we discussed the potential for the recovery of property and business interruption losses arising from the COVID-19 epidemic. Our advice then was that while the pandemic would likely be considered a fortuity, it was uncertain whether, in the...
Force Majeure and Frustration in Light of COVID-19
Mar. 25, 2020 – The global COVID-19 pandemic has resulted in unprecedented and rapidly developing challenges for companies attempting to fulfill their contractual obligations in the face of supply chain interruptions, labour shortages, government-ordered closures and unexpected declines in demand. In these...
A Penalty Under GAAR Will Cause Ineligibility for Public Contracts in Québec
Mar. 23, 2020 – The Act mainly to establish the Centre d'acquisitions gouvernementales and Infrastructures technologiques Québec (Act) was assented to on February 21, 2020, by the National Assembly of Québec. The Act incorporates new provisions in the government procurement rules to combat abusive tax avoidance...
COVID-19: Material Adverse Change and Material Adverse Effect
Mar. 23, 2020 – The COVID-19 pandemic has had, and is likely to continue to have, a major impact on the global economy as countries implement various levels of “social distancing” and other restrictions on normal activities. In these uncertain times, many businesses may find themselves reviewing their contracts...
Mar. 19, 2020 – The COVID-19 pandemic and the state of health emergency declared by the Québec government will inevitably affect business relationships in general and the performance of contractual obligations in particular. Although the repercussions will depend to a great extent on the specific circumstances of...
COVID-19: Insurance Claims Considerations
Mar. 18, 2020 – The COVID-19 outbreak is a challenge for all. We are here to assist in this rapidly developing situation. The following provides an overview of insurance claims considerations relating to the COVID-19 outbreak. Potential Exposures The COVID-19 outbreak is disrupting global business and...
Mar. 12, 2020 – Following the Supreme Court of Canada’s ruling in Nevsun Resources Ltd. v Araya , Davies partner Luis Sarabia , who represented the Mining Association of Canada as an intervener in the case, spoke to The Washington Post to share his insights on the appeal. At issue was whether the three...
Nick Rodrigo Named Fellow of American College of Trial Lawyers
Mar. 09, 2020 – Davies partner Nick Rodrigo has been elected as a fellow of the American College of Trial Lawyers (ACTL), an elite organization of trial lawyers from the United States and Canada who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of...
Supreme Court of Canada Rules in Nevsun Resources Ltd. v Araya
Feb. 28, 2020 – The Supreme Court of Canada has rendered its decision in Nevsun Resources Ltd. v Araya , stating that customary international law (CIL) norms are directly incorporated into Canadian law and that claims such as the ones advanced in this case may be considered by Canadian courts. The case involves...
Search and Seizure: Authorities Can’t Keep What They Seize Indefinitely
Feb. 04, 2020 – In a recent decision, 1 the Superior Court of Québec held that an authority cannot keep copies of electronic documents seized during a search and seizure after officially notifying the person that it will not bring penal or administrative proceedings against the person. In this decision, the...
Jan. 28, 2020 – The Supreme Court of Canada’s decision in 9354-9186 Québec Inc. v Callidus Capital Corporation unanimously overturned a unanimous decision of the Québec Court of Appeal. The Supreme Court’s decision, released on January 23, 2020, was issued from the bench with reasons to follow. The reasons...
Investigation and Disclosure: The Court Stresses the Importance of Protecting Whistleblowers
Jan. 22, 2020 – In a decision handed down on December 9, 2019, 1 the Superior Court of Québec stressed the importance of keeping the identity of whistleblowers and their statements confidential in the context of investigations into wrongdoing within a public body. Confidentiality can be lifted only when there...
Jan. 14, 2020 – The Supreme Court of Canada (SCC) recently rendered its much-awaited decisions in Canada (Minister of Citizenship and Immigration) v Vavilov and companion appeals. Upon granting leave to appeal, the SCC had announced that these appeals would “provide an opportunity to consider the nature and...
New Era, New Disclosure Obligations
Dec. 17, 2019 – In a case argued by Davies, the Court of Québec rendered a judgment on December 10 setting out, for the first time, the conditions that must be met for the electronic disclosure of evidence by the Crown to be “reasonably accessible”, respectful of the accused’s fundamental rights and consistent...
Dec. 11, 2019 – Following the Supreme Court of Canada’s ruling in Desgagnés Transport Inc. v Wärtsilä Canada Inc. , George Pollack and Michael Lubetsky, who represented the respondent defendants along with Joseph-Anaël Lemieux , spoke to Canadian Lawyer and The Lawyer’s Daily to share their insights...
Desgagnés Transport v Wärtsilä Canada: Canadian Maritime Law Enters Uncharted Waters
Dec. 04, 2019 – The Supreme Court of Canada has plotted a new course for Canadian maritime law in Desgagnés Transport v Wärtsilä Canada , 2019 SCC 58. Distinguishing over 30 years of precedent, the Court held that provincial legislation that regulates private law matters (such as the Civil Code of Québec , or...
Luis Sarabia Speaks to Lexpert About Federalizing Class Actions
Dec. 04, 2019 – In an article published in the Lexpert Special Edition – Canada’s Leading Litigation Lawyers , Luis Sarabia shared his insights on the advantages of and barriers to establishing a nationwide class action system. “Dealing with class actions on a province-by-province basis is expensive,...
ROB/Lexpert Special Edition Recognizes Davies’ Dominance in Litigation
Nov. 29, 2019 – The ROB/Lexpert Special Report – Canada’s Leading Litigation Lawyers has named 17 Davies partners among the best litigators in the country. Widely known for its technical expertise and courtroom prowess at both the trial and the appellate levels, Davies’ litigation group is consistently at the...
In Defence of Transactional Common Interest Privilege
Nov. 22, 2019 – This article was originally published by The Lawyer’s Daily ( www. thelawyersdaily.ca ), part of LexisNexis Canada Inc. On Oct. 31, 2019, The Lawyer’s Daily published “Transactional common interest privilege: Not over till it’s over,” by Alexander Gay. Commenting on the Federal Court of...
Davies Recognized as a “Pre-eminent” Law Firm in The Legal 500 Canada
Nov. 14, 2019 – The Legal 500 Canada 2020 has reaffirmed our standing as a leader among our peers, with clients and industry experts commending the firm for its “incredible depth and consistency” and “flawless execution and exceptional service. ” This year’s directory recognized 45 of our lawyers, including 27...
Québec Increases Minimum Age for Cannabis Consumption to 21
Nov. 12, 2019 – The Québec government recently ratified an Act to tighten the regulation of cannabis (Act), marking its latest action to impose stricter rules on cannabis consumption than those set out by the federal government. Beginning on January 1, 2020, persons under the age of 21 will be prohibited from...
Québec Superior Court Enforces Right to Collective Bargaining of State Employees
Oct. 08, 2019 – The Québec Superior Court (QSC) recently struck down as unconstitutional back-to-work legislation (Bill 127 1 ) aimed at the Québec government’s advocates and notaries. The decision, released on September 18, 2019, builds on the recent case law of the Supreme Court of Canada which declared that...
Top Court Expands Scope of Potential Liability in Price-Fixing Class Actions
Sept. 24, 2019 – The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer Corporation v...
Québec Court of Appeal Says Current Civil Jurisdiction of the Court of Québec Is Unconstitutional
Sept. 17, 2019 – A seven-member panel of the Québec Court of Appeal (QCA) recently rendered an important decision regarding the civil and administrative jurisdiction of the Court of Québec (CQ), a provincial court. The decision follows a reference submitted to the QCA by the Québec government in the wake of a...
Québec Court Rules Restriction on Growing Cannabis at Home Is Unconstitutional
Sept. 10, 2019 – As a result of a recent decision of the Québec Superior Court (QSC) in Murray Hall c. Procureure générale du Québec 1 , residents in Québec are no longer prohibited from growing or possessing cannabis plants at home for personal purposes. Under the Cannabis Regulation Act 2 , possessing...
Québec’s Securities Tribunal Prevents Group Mach from Blocking Transat A.T./Air Canada Deal
Aug. 14, 2019 – The Tribunal administratif des marchés financiers (Québec’s securities tribunal) issued a split 2–1 decision resulting in a cease trade order on an offer made by Group Mach to acquire 19.5% of Transat A.T. Inc.’s shares. Certain features of Group Mach’s mini-tender, which was designed to...
July 09, 2019 – The Supreme Court of Canada has dismissed the appeal of 1068754 Alberta Ltd. (Alberta Ltd.) against a judgment rendered by the Court of Appeal of Québec, which in turn had upheld the decision rendered by the Superior Court. The appeal originated from Alberta Ltd.’s contestation of a formal demand...
Thirty Davies Partners Named Leaders in Cross-Border Law
June 14, 2019 – In recognition of our reputation for excellence in advising on cross-border issues, the 2019 Lexpert Guide to US/Canada Cross-Border Lawyers in Canada has named 30 of our partners as leaders in the field. The guide highlights our lawyers’ expertise across eight key areas, including Business...
The (Not So) Long Arm of the OSC: Commission Declines Jurisdiction in Public Interest Dispute
June 07, 2019 – In declining jurisdiction in a proceeding initiated by an activist shareholder, the Ontario Securities Commission (OSC) articulated its approach to long-arm regulation. The recently released reasons in In the Matter of Mangrove Partners and In the Matter of TransAlta Corporation 1 provide new...
Superior Court Refuses to Cancel Order Allowing Expansion of Canadian Malartic Mine
May 23, 2019 – In Dave Lemire v Canadian Malartic Mine GP and La Procureure générale du Québec , 2017 QCCS 1438, the Québec Superior Court (Court) dismissed an application for judicial review brought by Dave Lemire, a resident of the city of Malartic. Mr. Lemire asked for the cancellation of a government order...
Supreme Court of Canada Paves Way for a National Securities Regulator
May 21, 2019 – The following article was originally published in our 2019 Canadian Capital Markets Report . Read the complete report . On November 9, 2018, the Supreme Court of Canada (SCC) unanimously ruled in Reference re Pan-Canadian Securities Regulation 1 that the federal government’s second attempt...
May 21, 2019 – The following article was originally published in our 2019 Canadian Capital Markets Report . Read the complete report . Civil liability for secondary market disclosure was conceived by securities regulators with the best of intentions. But, left to the courts to develop without supervision by...
Success Fees in Advisory Agreements: Financial Advisers (and Their Clients) Take Note
May 21, 2019 – The following article was originally published in our 2019 Canadian Capital Markets Report . Read the complete report . The decision of the Ontario Court of Appeal in RBC Dominion Securities v Crew Gold Corporation underscores the importance of clearly delineating the circumstances in which...
2019 Canadian Capital Markets Report
May 21, 2019 – The year 2018 witnessed ongoing volatility in global markets, fuelled by geopolitical uncertainty, rising trade tensions and slowing world economies. In Canada, emerging market sectors continued to gain steam, most notably the cannabis industry, which experienced a dramatic uptick in investment...
May 06, 2019 – A recent decision of the British Columbia Supreme Court in Russell v Synex International Inc. ( Synex ) validated a dissident’s floor nomination and the subsequent election of an entirely new board. Notably, the dissident cast his votes using the authority given to him by shareholders who...
Search Warrants: Misleading the Court Compromises the Integrity of the Process
May 02, 2019 – The Supreme Court of Canada (SCC) in Agence du revenu du Québec v 9229-0188 Québec inc. has dismissed an application for leave to appeal filed by Revenu Québec (RQ), acting as part of the Permanent Anti-Corruption Unit of Québec. In doing so, the SCC leaves intact the action brought by Davies on...
Search Warrants: Investigators’ Good Faith Cannot Always Be Presumed
Apr. 25, 2019 – In Demers c R , 2019 QCCA 518, the Court of Appeal of Québec acquitted the appellant, who had previously been convicted by the Court of Québec on the basis of evidence obtained as a result of an illegal search and seizure. The Court of Appeal held that, when the affidavit filed to support an...
Davies Litigation Team Scores Top Ranking in Benchmark Canada 2019
Apr. 17, 2019 – Davies’ award-winning Litigation team has again been recognized for its outstanding advocacy and unrivalled track record of client success in the 2019 edition of Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys , earning the top distinction of “Highly...
OECD Report Highlights Use of Non-Trial Resolutions to Combat Foreign Bribery Cases
Apr. 11, 2019 – The Organisation for Economic Co-operation and Development (OECD) recently released a report titled “ Resolving Foreign Bribery Cases with Non-Trial Resolutions ” at its annual Global Anti-Corruption and Integrity Forum in Paris. According to the report, non-trial resolution mechanisms have...
Not All Customers Are the Same: Top Court Rules Business Customers Cannot Join Consumer Class Action
Apr. 09, 2019 – In its recent ruling in TELUS Communications Inc. v Wellman , 2019 SCC 19 ( Wellman ), the Supreme Court of Canada held that business customers of TELUS that entered into mandatory arbitration agreements cannot seek relief in court by participating in a class action together with consumers. In ...
Mar. 27, 2019 – Two individuals were recently sentenced to 30 months’ imprisonment after being convicted of agreeing to bribe a foreign public official, under the Canadian Corruption of Foreign Public Officials Act (Act). 1 These are the second and third convictions under the Act following a trial. In all...
Court of Appeal Expands the Range of Fundamental Rights of Legal Persons
Mar. 18, 2019 – In a judgment rendered on March 4, 2019 in 9147-0732 Québec Inc. c. Directeur des poursuites criminelles , 2019 QCCA 373, the Court of Appeal of Québec ruled for the first time on whether legal persons can avail themselves of the right not to be subjected to any cruel and unusual treatment or...
Davies Wins Impact Case of the Year at Benchmark Canada Awards 2019
Mar. 08, 2019 – The Benchmark Canada Awards have once again recognized Davies as having one of the country’s top litigation practices, honouring the firm with an Impact Case of the Year award at the annual ceremony held on March 7 in Toronto. Davies received the award for its representation of Vale Canada Limited...
Luis Sarabia and Maureen Littlejohn Speak to Lexpert on Key Business Decisions of 2018
Feb. 21, 2019 – Davies partners Luis Sarabia and Maureen Littlejohn recently shared their insights on notable rulings from the past year in Lexpert’s summary of the top business decisions of 2018. Luis noted that the Supreme Court of Canada’s ruling in Reference re: Pan-Canadian Securities Regulation ...
Davies Lawyers Unrivalled in Chambers Global 2019
Feb. 19, 2019 – Chambers and Partners has once again recognized Davies as a top Canadian law firm in the 2019 edition of Chambers Global: The World’s Leading Lawyers for Business . This year’s guide recognizes 39 Davies lawyers with 45 rankings, including 16 lawyers ranked Band 1 – more than any other law firm...
Canadian and U.S. Tax Laws: A Review of 2018 and a Look Ahead to 2019
Jan. 31, 2019 – In our annual Tax Review and Outlook report, we look back at significant developments in the Canadian and U.S. tax landscapes in 2018 and offer our predictions on what to expect in 2019. Key Canadian Developments in 2018 Budget 2018 scaled back controversial initiative on taxation of...
Canadian Tax Laws: A Review of 2018 and a Look Ahead to 2019
Jan. 31, 2019 – Each year at this time we offer a look back at some of the more significant income tax developments in Canada affecting domestic and international business over the past year and a look ahead to possible Canadian tax developments in the coming year. Legislative Developments in 2018 Budget 2018 ...
The Autorité des marchés publics Assumes Its Responsibilities
Jan. 25, 2019 – The majority of the activities of the Autorité des marchés financiers (AMF) under the Act respecting contracting by public bodies were transferred to the Autorité des marchés publics (AMP) on January 25, 2019. The AMP was created in response to the first recommendation of the Charbonneau...
Supreme Court to Rule on Novel Claims Against Canadian Multinationals Operating Abroad
Jan. 22, 2019 – The Supreme Court of Canada will hear an appeal in Araya v Nevsun Resources Ltd on January 23, 2019. The case involves a mine in Eritrea that is majority-owned and operated by a subsidiary of a Canadian company. At issue in the appeal is whether Eritrean nationals who allege that they were...
Luis Sarabia Speaks to National Post About Human Rights Case Headed to SCC
Jan. 07, 2019 – In an article published recently in the National Post , Davies partner Luis Sarabia shared his perspectives on the upcoming appeal to the Supreme Court of Canada regarding the application of customary international law to Canadian businesses operating abroad. “Customary international law...
Matt Milne-Smith Speaks to Lexpert on Slowdown in Securities Class Actions
Dec. 04, 2018 – In an article published in the Lexpert Special Edition – Canada’s Leading Litigation Lawyers , Davies partner Matt Milne-Smith discusses the impact of the Supreme Court of Canada’s 2015 trilogy of decisions interpreting the leave standard for secondary market securities class action filings in...
Davies Recognized as “Top of the Class” in The Legal 500 Canada
Dec. 03, 2018 – The 2019 edition of The Legal 500 Canada has recognized Davies as being “consistently top tier in both service and expertise” and the “best representation at the table,” with Tier 1 rankings in the following practice areas: Competition and Antitrust Corporate and M&A Dispute...
Nov. 30, 2018 – Davies’ status as a leader in litigation has been reaffirmed in the Report on Business/Lexpert Special Edition – Canada’s Leading Litigation Lawyers , with eighteen partners named in this year’s guide. Known for its trial expertise, Davies’ renowned Litigation practice has a consistent record of...
Nov. 16, 2018 – In an article published in the November/December issue of Lexpert Magazine , Davies partner Kent Thomson shares his insights on how to balance the competing perspectives of in-house and external litigation counsel in difficult and contentious cases. Kent noted that the kind of cases that may...
Canada Gets Go-Ahead for a National Securities Regulator
Nov. 12, 2018 – The Supreme Court of Canada (SCC) has now unanimously ruled on two reference questions from the Government of Québec, holding that the federal government’s second attempt to create a national securities regulator is constitutional. Key Takeaways The proposed cooperative pan-Canadian...
Court of Appeal Opens the Floodgates to Umbrella Purchaser Claims in Ontario (For Now)
Oct. 26, 2018 – In Shah v LG Chem Ltd. , the Court of Appeal for Ontario considered whether “umbrella purchasers” can assert statutory and common law claims in connection with alleged price-fixing conspiracies. Umbrella purchasers are those who purchase products directly or indirectly from non-conspirators,...
Four Davies Partners Recognized in Who’s Who Legal: Litigation 2018
Oct. 22, 2018 – Davies partners Sandra Forbes , Kent Thomson , Matt Milne-Smith and Derek Ricci have been recognized as global leaders in Litigation by Who’s Who Legal: Litigation 2018 . The publication commends Kent Thomson for his “stellar reputation in the Canadian market,” with sources rating him...
Sandra Forbes Named Regent of the American College of Trial Lawyers
Oct. 15, 2018 – Davies partner Sandra Forbes has been elected for a four-year term on the Board of Regents of the American College of Trial Lawyers (ACTL), widely considered the premier professional organization of trial lawyers in North America. Sandra specializes in corporate, class action, securities and...
Davies Receives Highest Percentage of Band 1 Rankings in Chambers Canada 2019
Sept. 26, 2018 – Davies has once again been recognized as one of Canada’s top law firms in Chambers Canada 2019 , with 26 of our lawyers receiving Band 1 rankings – the highest percentage among all firms relative to firm size. The firm also received the highest percentage of lawyer rankings relative to firm size,...
Davies Honoured as Litigation Firm of the Year at Chambers Canada Awards
Sept. 21, 2018 – Davies has been named Litigation Firm of the Year at the Chambers Canada Awards held on Thursday, September 20, at the Fairmont Royal York Hotel in Toronto. Davies’ renowned Litigation practice is regularly at the centre of Canada’s most complex, high-stakes commercial disputes. The team recently...
Chantelle Cseh Speaks to Law Times About Interaction Between Arbitration Clauses and Class Actions
Aug. 28, 2018 – In an article published recently in Law Times , Davies partner Chantelle Cseh speaks about the enforceability of arbitration clauses in class actions involving two types of claimants. The Ontario Court of Appeal in Wellman v Telus Communications Company had refused to grant a partial stay...
Aug. 20, 2018 – Justice Perell, of the Ontario Superior Court of Justice, has rendered his costs award in respect of his earlier decision granting summary judgment (see our March 23, 2018 bulletin ) in favour of the defendants in Hughes v Liquor Control Board of Ontario . The case was a proposed class...
Ontario Court of Appeal Clarifies Jurisdictional Reach of Secondary Market Misrepresentation Claims
July 26, 2018 – The Ontario Court of Appeal has issued an important decision concerning the jurisdiction of Ontario courts in relation to secondary market misrepresentation claims brought under the Ontario Securities Act . In Yip v HSBC Holdings plc , released on July 11, 2018, the Court unanimously stayed a...
Twenty-nine Davies Partners Named Leaders in Cross-Border Law
June 22, 2018 – The 2018 Lexpert Guide to US/Canada Cross-Border Lawyers in Canada features 29 Davies lawyers, across seven practice areas, who are recognized for their industry-leading cross-border practices. The new publication from Lexpert is a single all-encompassing cross-border guide, featuring lawyers...
Davies is Representing Four Victims of Bertrand Charest
June 04, 2018 – Davies is representing four women who were among the victims of former ski coach Bertrand Charest, who was convicted and sentenced to 12 years in prison for charges related to the sexual assault of athletes, including our clients. Davies is representing these courageous women on a pro bono basis. ...
Warning to Public Companies: Just Because You’re Right Doesn’t Mean It’s Not a Misrepresentation
May 31, 2018 – In a decision that will surprise public company executives and advisers, an Ontario court held that a public company that declined to disclose a consultant’s opinion because it honestly believed the consultant was wrong – and the company later turned out to be correct – might nonetheless be liable...
Three Davies Partners Named Among Canada’s Top 50 Trial Lawyers
Apr. 19, 2018 – Benchmark Canada has named Davies partners Bill Brock , Guy Du Pont and Kent Thomson among the country’s top 50 trial lawyers. The “Top 50 Trial Lawyers” list, published in Benchmark’s annual guide, recognizes lawyers who have been identified by peers and clients as those with proven trial...
Davies Receives Top Ranking in Litigation by Benchmark Canada 2018
Apr. 06, 2018 – Davies has once again earned the top distinction of “Highly Recommended” in both Ontario and Québec in the 2018 edition of Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys , with 21 of the firm’s lawyers recognized as Litigation Stars across 10 practice...
Maureen Littlejohn Interviewed in Law Times About Federal Court of Appeal Ruling
Apr. 03, 2018 – In an article published recently in Law Times (available to subscribers), Davies partner Maureen Littlejohn discusses the Federal Court of Appeal’s decision in IGGillis Holdings Inc. v. Minister of National Revenue , which confirmed the legitimacy of transactional “common interest...
Mar. 23, 2018 – On March 15, 2018, Justice Perell of the Ontario Superior Court of Justice dismissed a proposed class action ( Hughes v. Liquor Control Board of Ontario ) concerning a document (Framework) signed by the Liquor Control Board of Ontario (LCBO) and the owner and operator of The Beer Store,...
Maureen Littlejohn Speaks to the National Post About FCA Ruling Affirming Common Interest Privilege
Mar. 14, 2018 – In an article published on Tuesday in the National Post , Davies partner Maureen Littlejohn spoke about the Federal Court of Appeal’s (FCA’s) ruling last week in IGGillis Holdings Inc. v. The Minister of National Revenue , 2018 FCA 51. The decision confirmed the existence of “transactional...
Mar. 13, 2018 – Every day, across Canada, business and tax lawyers rely on the judge-made doctrine of “transactional common interest privilege” to facilitate the due diligence process and to ensure the efficient structuring and negotiation of commercial transactions. This beneficial common law doctrine allows a...
Chantelle Cseh Speaks About iPad Trials at OBA’s 2018 Institute
Mar. 01, 2018 – At the Ontario Bar Association’s Institute 2018 earlier this month, Davies partner Chantelle Cseh spoke on a panel titled “The Courts: Moving Towards a Paperless World. ” The panel also included Justice David Brown from the Court of Appeal for Ontario and Christopher Johns, executive director in...
Davies Litigation Team Honoured at 2018 Benchmark Canada Awards
Feb. 23, 2018 – Davies has once again been honoured for outstanding achievements in litigation by Benchmark Canada 2018. At the annual ceremony held last night at the Intercontinental Hotel in Toronto, Davies partners received the following awards: Stéphane Eljarrat – White-Collar Crime/Enforcement Litigator of...
Davies Lawyers Peerless in Chambers Global 2018
Feb. 16, 2018 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication Chambers Global: The World’s Leading Lawyers for Business . The 2018 edition of the guide recognizes 40 Davies lawyers with 46 rankings, including 15 lawyers ranked Band...
Feb. 08, 2018 – In Lexpert Magazine ’s recent article about the top business decisions of 2017, Davies partner Maureen Littlejohn spoke about the cases of Alberta v. University of Calgary , 2016 SCC 52 ( Alberta ) and Lizotte v. Aviva Insurance , 2016 SCC 53 ( Lizotte ), which broadened even further the...
Anti-Corruption Legislation in Canada
Jan. 25, 2018 – This publication summarizes Canada’s foreign and domestic anti-corruption legislation in relation to dealings with public officials. It is relevant for both Canadian-based entities operating abroad and foreign and domestic businesses operating in Canada. Download our perspective .
Financial Times Ranks Davies Among Top Innovative Law Firms
Dec. 14, 2017 – The Financial Times has recognized Davies in its 25 Most Innovative North American Law Firms 2017. The only Canadian firm to be included in the rankings, Davies was acknowledged for its innovation in two categories: Accessing New Markets and Capital and Rule of Law and Access to Justice. In the...
Davies Recognized as “Truly Outstanding” in The Legal 500 Canada
Nov. 30, 2017 – The 2018 edition of The Legal 500 Canada has recognized Davies for its “vast and valuable experience” and “peerless market knowledge,” with rankings in 13 categories, including Tier 1 rankings in the following: Capital Markets Competition and Antitrust Corporate and M&A ...
Nov. 24, 2017 – Davies’ standing as a leader in litigation has been reaffirmed in the Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers . Sixteen Davies partners were named in this year’s guide: George N. Addy Anita Banicevic John Bodrug William Brock ...
Eighteen Davies Partners Named Leaders in Cross-Border Litigation Law
Nov. 23, 2017 – The 2017 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada recognizes 18 Davies lawyers for their expertise in cross-border litigation. Fifteen are identified as leading practitioners across six areas of practice and three as Litigation Lawyers to Watch. Published...
Nov. 07, 2017 – Davies partners Sandra Forbes and Kent Thomson have been recognized in the 2017 edition of Who’s Who Legal: Litigation . As a result of this year’s research, the guide identifies both lawyers as standout practitioners. The 2017 edition of Who’s Who Legal: Litigation is a comprehensive...
Legal Privilege: Are You Protected?
Oct. 25, 2017 – In this article in Listed Magazine , Patricia Olasker , Tony Alexander and Poonam Puri discuss legal privilege in business transactions, the loss of transactional common interest privilege and best practices that companies should consider to protect the confidentiality of their...
Patricia Olasker, Tony Alexander and Poonam Puri Discuss Legal Privilege in Listed Magazine
Oct. 25, 2017 – In this article in Listed Magazine , Patricia Olasker , Tony Alexander and Poonam Puri discuss legal privilege in business transactions, the loss of transactional common interest privilege and best practices that companies should consider to protect the confidentiality of their...
Forty-nine Davies Lawyers Recognized in Who’s Who Legal: Canada
Oct. 24, 2017 – Law Business Research’s Who’s Who Legal: Canada 2017 names 49 Davies partners as leading lawyers, including eight Most Highly Regarded practitioners, across 18 different practice areas. Who’s Who Legal nominees are selected on the basis of comprehensive, independent surveys conducted among...
George Pollack Quoted in The Lawyer’s Daily About Québec Court of Appeal Decision
Oct. 17, 2017 – Davies partner George J. Pollack was quoted in The Lawyer’s Daily regarding a case he successfully argued on behalf of Wärtsilä Canada Inc. before the Québec Court of Appeal. The Court of Appeal held that the trial judge in a dispute between Wärtsilä and Transport Desgagnés Inc. (TDI)...
Six Davies Partners Recognized in Women in Business Law
Oct. 12, 2017 – The 2017 edition of Expert Guides’ Women in Business Law recognizes six Davies partners as leading lawyers in their fields: Anita Banicevic Sandra Forbes Patricia Olasker Carol Pennycook Alexandria Pike Sarah Powell The guide celebrates the...
Chambers Canada 2018 Recognizes Davies as a Leader in 23 Practice Areas
Oct. 04, 2017 – Davies has once again been recognized as one of Canada’s top law firms by Chambers & Partners in Chambers Canada: Canada’s Leading Lawyers for Business . The 2018 edition of the guide reaffirms our position as a leader in the industry, with 62 of our lawyers ranked 79 times, including 25 Band 1...
Aug. 15, 2017 – The OSC’s 2017 regulatory enforcement proceedings against Home Capital Group Inc. (TSX:HCG) and three of its executives were the result of a lengthy, extensive and highly confidential investigation. If the OSC decided to target your company, would your team know what to do? A version of this...
The American Lawyer Recognizes Davies’ Cross-Border Work with Two Global Legal Awards
Aug. 08, 2017 – Davies has been honoured by The American Lawyer ’s 2017 Global Legal Awards for the firm’s role in two of the past year’s most significant matters. The firm received Global M&A Deal of the Year: Canada, for representing Fortis Inc. in its acquisition of ITC Holdings Corp. This transformative...
Sandra Forbes Recognized as One of Canada’s Top Female Litigators
Aug. 04, 2017 – Davies partner Sandra Forbes has been named one of Benchmark Canada’s Top 25 Women in Litigation 2017. This is the second consecutive year that Sandra has received this award, which recognizes her outstanding achievements as one of Canada’s leading litigators.
Canada’s Top Court Rules on Personal Liability of Directors for Oppression
July 18, 2017 – On July 13, 2017, the Supreme Court of Canada issued its decision in Wilson v. Alharayeri ( Alharayeri ). The decision sounds an important cautionary note to directors concerning the potential consequences of engaging in conduct that is improper or defeats the reasonable expectations of...
Chantelle Spagnola Discusses Paperless Investigations
June 27, 2017 – Davies lawyer Chantelle Spagnola was quoted in a Law Times article discussing the Law Society of Upper Canada’s (LSUC’s) efforts to develop and implement digital tools as part of its initiative to make investigative and disciplinary procedures paperless. Having conducted completely electronic...
Davies Litigation Team Wins an ALM Transatlantic Legal Award
June 12, 2017 – On Thursday, June 8, 2017, at an awards ceremony in London, England, Davies won ALM’s Transatlantic Legal Award for Litigation Team of the Year. We earned this award for our dispute resolution work involving Nortel Networks. This honour was awarded jointly to Davies, Herbert Smith Freehills,...
Five Davies Partners Named Best of the Best
May 19, 2017 – The 2017 edition of Expert Guides’ Best of the Best recognizes five Davies partners as leading lawyers in their fields: Guy Du Pont Greg Howard Carol Pennycook Stephen Ruby Kent Thomson The guide profiles the top 30 practitioners in 18 areas of law. Our lawyers were recognized...
Two Davies Litigators Named Among Canada’s Top 50 Trial Lawyers
May 19, 2017 – Guy Du Pont and Kent Thomson are recognized among Canada’s top 50 trial lawyers in the 2017 edition of Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys . Davies maintains its ranking as a Highly Recommended Firm in Ontario and Québec in the latest...
Home Capital Faces Long Road at OSC: Hearings Could Be a Multi-Year Process
May 11, 2017 – Davies partner Kent Thomson was recently quoted in National Post , Financial Post , about Home Capital Group Inc. and the lengthy process it will face as it struggles to shore up its liquidity and restore market confidence. Kent pointed out that depending on how the proceedings play out, “it...
Davies Earns Top Marks in The Canadian Legal Lexpert Directory 2017
May 05, 2017 – The Canadian Legal Lexpert Directory 2017 has recognized 91 Davies lawyers as leading practitioners, with 33 achieving the highest ranking of Most Frequently Recommended in at least one area of specialization. Our firm is also recognized as Most Frequently Recommended in 16 practice areas. ...
The Meaning of “Existence”: Wrestling with “Some Basis in Fact” and Common Issues After Pro-Sys
Apr. 20, 2017 – For 15 years, the standard of proof applied on certification motions in class actions has been the “some basis in fact” standard. However, the concept of “some basis in fact” is ill-defined, easier to describe in the negative and nearly impossible to delineate with certainty. While fraught with...
Davies Lawyers Unmatched in Chambers Global 2017
Mar. 27, 2017 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication Chambers Global: The World’s Leading Lawyers for Business . Davies has the highest percentage of Band 1 lawyer rankings as well as the highest percentage of overall...
Benchmark Canada Honours Davies Litigation Team
Feb. 27, 2017 – Benchmark Canada held its fifth annual awards ceremony on February 23 at the Park Hyatt Yorkville in Toronto. Our firm was honoured with the following four awards for outstanding achievements in litigation: Guy Du Pont – Hall of Fame award Stéphane Eljarrat – White-Collar...
Getting It Wright: The Detour Gold Standard of Expert Independence
Feb. 08, 2017 – In rejecting a motion by the plaintiffs for production of drafts of an expert report, the Ontario Superior Court of Justice’s recent decision in Wright v. Detour Gold Corp. endorses the Court of Appeal’s guidance regarding counsel’s dealings with expert witnesses as articulated in Moore v. ...
Federal Court Refuses to Recognize Common Interest Privilege in the Transactional Context
Dec. 23, 2016 – The doctrine of “common interest privilege” ensures that a document or communication that is already protected by solicitor-client or litigation privilege does not lose that protection when it is shared between two parties sharing a “common interest” in either litigation or a transaction. In a...
Watch This (Email) Space: New Private Right of Action for Misleading Representations
Dec. 02, 2016 – As 2016 draws to a close, almost everyone is consumed with preparing for the coming holiday season. However, businesses advertising in Canada would be wise to take a few moments this holiday season to start planning for next summer. Beginning in July 2017, private parties will be able to sue for...
Dec. 01, 2016 – In our recent e-communication Canada Lowers the Wall to Foreign Investment , we described steps taken by the Canadian government to create a more attractive and welcoming climate for foreign investment in Canada: lowering a key review threshold under the Investment Canada Act (ICA); committing...
Nov. 29, 2016 – On November 25, 2016, the Supreme Court of Canada rendered two decisions confirming that express, clear legislative language is required to compel production of solicitor-client- or litigation-privileged documents, and reaffirming the wide protection afforded these privileges. Alberta...
Appeal from a Judgment Authorizing a Class Action: The Door Is Unlocked, But Difficult to Open
Nov. 23, 2016 – On January 1, 2016, the new Code of Civil Procedure (New CCP) of Québec came into force. The New CCP contains a number of new provisions governing class actions, which were originally called “recours collectifs” in the French text and are now called “actions collectives. ” One of the major...
Davies Recognized as “Simply Elite” in The Legal 500 Canada
Nov. 11, 2016 – The 2017 edition of The Legal 500 Canada has recognized Davies for its “simply elite” lawyers and “client-focused team players” with rankings in 14 categories, including Tier 1 rankings in the following: Capital Markets Competition and Antitrust Corporate and M&A Dispute...
Chambers Canada 2017 Recognizes Davies as a Leader in 24 Practice Areas
Oct. 12, 2016 – Davies was recognized as one of Canada’s top law firms by Chambers & Partners in Chambers Canada: Canada’s Leading Lawyers for Business . Once again, Davies leads Canada’s 30 largest law firms with the highest percentage of lawyer rankings, as well as the highest percentage of lawyers ranked and...
Oct. 04, 2016 – On September 28, 2016, the federal government introduced Bill C-25 in Parliament, proposing significant amendments to the Canada Business Corporations Act (CBCA) (the Proposed Amendments). If adopted, the Proposed Amendments will impose obligations on reporting issuers (and other distributing...
Oct. 03, 2016 – In a judgment handed down on September 23, 2016, in Conseil pour la protection des malades et Simon Busque v Biomet Canada inc. , 2016 QCCS 4574, 1 the Québec Superior Court ordered a stay of proceedings in an application for authorization to institute a class action filed by the Conseil pour la...
A Paperless Courtroom: Embracing the Use of Electronic Trials
Sept. 23, 2016 – In this article, James Bunting, Chantelle Spagnola and Anisah Hassan discuss a number of innovative practices that were adopted by the parties and the court in the Husky v. Schad trial heard in the Ontario Superior Court (Commercial List) in late 2015 and show how the adoption of those...
The Journal Conversation: Sheila R. Block, LSM, ASM
Sept. 23, 2016 – This is an edited version of the Young Advocates’ Standing Committee ’ s “Fireside Chat on Advocacy” at Campbell House on April 11, 2016. Download this article.
Benchmark Litigation Recognizes Sandra Forbes
Aug. 15, 2016 – Davies partner Sandra Forbes has been recognized as one of this year’s “Top 25 Women in Litigation” by Benchmark Canada. This award is the result of months of careful research and deliberation by Benchmark Canada and an accolade that highlights her status as one of Canada’s leading litigators. ...
Resolute Responds to Greenpeace with a Lawsuit
June 02, 2016 – Peter Mendell , for Resolute Forest Products, is quoted in the article “ Resolute responds to Greenpeace with a lawsuit ” published on May 31 on Ici Radio-Canada.ca. The article discusses the RICO lawsuit filed by Resolute in the State of Georgia against Greenpeace, which has accused Resolute of...
Ontario Court of Appeal Denies Leave to Appeal Nortel Allocation Decision
May 04, 2016 – On May 3, 2016, the Court of Appeal for Ontario released its decision (Leave Decision) denying leave to appeal from Justice Newbould’s allocation of the proceeds of sale of the remains of the Nortel Networks group of companies (Allocation Decision). The main points arising from the decision...
Apr. 26, 2016 – On April 25, 2016, the Ontario Securities Commission released its reasons for decision In the Matter of an Application by The Catalyst Capital Group Inc. As this is the first case in which the Commission has denied standing to a party to commence an application under the “public interest” ...
Davies Lawyers Continue to Lead in Chambers Global 2016
Mar. 23, 2016 – Davies’ status as a leading Canadian law firm has once again been confirmed by Chambers and Partners in its annual publication, Chambers Global: The World ’ s Leading Lawyers for Business . Davies has the highest percentage of Band 1 lawyer rankings of any Canadian law firm. The 2016 edition...
Mar. 22, 2016 – On March 14, 2016, the Manitoba Court of Appeal issued its long-awaited decision in Hafichuk-Walkin v BCE , 2016 MBCA 32 , joining the increasing number of Canadian appellate courts that have stayed duplicative class actions using the “ abuse of process ” doctrine. In 2004, the Merchant Law...
Davies’ 2016 Corporate/Securities Law Moot
Mar. 07, 2016 – Recognized as the leading event of its kind in Canada, Davies ’ annual Corporate/Securities Law Moot, held on March 4 and 5, provides an opportunity for top students at Canadian law schools to debate current legal issues in corporate and securities law with senior practitioners from Toronto law...
Competition Tribunal Dismisses Refusal to Deal Application Against CarProof, AutoTrader and Kijiji
Jan. 06, 2016 – On January 4, 2016, the Canadian Competition Tribunal publicly released its decision dismissing Audatex Canada ULC’s application for leave to bring a refusal to deal application under the Competition Act against CarProof Corporation, Trader Corporation and Marktplaats BV. Audatex wanted the ...
Banks Face $1-Billion Class Action over Currency Market Allegations
Jan. 01, 2016 – Davies represented Morgan Stanley Canada Limited, a leading global financial services firm, in a class action against 12 global banks based on an alleged conspiracy to artificially fix foreign currency exchange rates. The Davies team on this class action included Kent Thomson , Nick Rodrigo , ...
WIND Mobile Enters into Agreement to Be Acquired by Shaw Communications
Dec. 17, 2015 – Davies acted for WIND Mobile Corp. (WIND) and its shareholders including West Face Capital in connection with Shaw Communications Inc.’s acquisition, by plan of arrangement, of a 100% interest in Mid-Bowline Group Corp. and its wholly owned subsidiary, WIND, for an enterprise value of...
Dec. 07, 2015 – On December 2, 2015, one week after the final report of the Commission of Inquiry on the Awarding and Management of Public Contracts in the Construction Industry (commonly known as the “Charbonneau Commission”) was tabled, the National Assembly introduced Bill 87, titled An Act to facilitate...
Léon Moubayed Named Civil and Commercial Litigation Lawyer of the Year by the Young Bar of Montréal
Nov. 27, 2015 – The Young Bar of Montréal (YBM) has named Davies associate Léon Moubayed its 2015 Civil and Commercial Litigation Lawyer of the Year. The announcement was made at the YBM’s Leaders of Tomorrow gala held on November 26, 2015. The nomination criteria for this prestigious award consider the ...
Davies Recognized as “Simply the Best” in The Legal 500 Canada
Oct. 21, 2015 – The 2016 edition of The Legal 500 Canada has recognized Davies for its “world-class lawyers” and “excellent service levels” with rankings in 14 categories, including Tier 1 rankings in the following: Capital markets Competition and antitrust Corporate and M&A Dispute...
Davies Recognized as a Leader in Chambers Canada 2016
Oct. 13, 2015 – Davies Ward Phillips & Vineberg LLP has been recognized as one of Canada’s top law firms by Chambers & Partners in the first edition of Chambers Canada: Canada’s Leading Lawyers for Business . Davies has the highest percentage of lawyer rankings as well as the highest percentage of Band 1...
Sept. 30, 2015 – Canada’s Commissioner of Competition is armed with a variety of compulsory powers that he can use in pursuing investigations. One such power is the ability, with the permission of a court, to subpoena documents and information under section 11 of the Canadian Competition Act . Of late, the...
Ninety-one Davies Lawyers Recognized by The Best Lawyers in Canada 2016
Aug. 24, 2015 – Ninety-one lawyers from Davies Ward Phillips & Vineberg LLP were selected by their peers for inclusion in The Best Lawyers in Canada 2016 across 33 areas of specialization, with five lawyers named Lawyer of the Year and seven practitioners newly recognized. Best Lawyers awards the Lawyer of the...
July 23, 2015 – In a Financial Post article concerning a class-action lawsuit launched on behalf of all taxi and limousine drivers, owners and brokers against Uber Technologies Inc. , centring on the company’s UberX service, Davies partner Kent Thomson discusses the legal hurdles the suit will have to...
Leading-Edge Practices in Subsidiary Governance
June 17, 2015 – At a recent presentation at the Davies Academy for Continuing Professional Development, Davies partner Luis Sarabia and Davies affiliated scholar Poonam Puri discussed recent legal proceedings in which courts have been asked to hold parent companies directly liable in negligence for the actions of...
Pétroles Global: Calculating Fines Imposed on Corporations
May 04, 2015 – When an organization – including a corporation, a company or a partnership – is found guilty of a criminal offence, section 718. 21 of the Criminal Code requires a court to take a number of factors into consideration when determining the fine, including: any profits realized as a result of...
Apr. 20, 2015 – In Theratechnologies inc v. 121851 Canada inc., 1 the Supreme Court of Canada ruled for the first time on a case involving the new secondary securities market liability regimes. These regimes, which have been adopted in most Canadian provinces, facilitate actions by investors when reporting...
Davies Continues as a Leader in Chambers Global 2015
Mar. 18, 2015 – Davies Ward Phillips & Vineberg LLP has again been recognized as one of Canada’s leading law firms by Chambers and Partners in its 2015 annual publication, Chambers Global: The World’s Leading Lawyers for Business . Davies has the highest percentage of lawyer rankings as well as the highest...
Davies’ 2015 Corporate/Securities Law Moot
Mar. 09, 2015 – Advance notice bylaws, which require dissident shareholders to provide notice to a corporation’s board prior to a shareholder meeting of candidates theyintend to nominate for election as directors at the meeting, have been a hot topic recently in Canadian corporate governance and have been the...
Feb. 25, 2015 – Davies Ward Phillips & Vineberg LLP is proud to have been recognized at the annual Benchmark Canada Awards for the third time as Firm of the Year in Québec. The firm was also recognized as National Competition Firm of the Year. Matthew Milne-Smith was also recognized as National Insolvency...
Feb. 06, 2015 – On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel Immunity and Leniency Programs is not protected from disclosure to accused persons by either...
Lexpert Magazine Recognizes Davies in Six of the Top 10 Deals of 2014, Including Deal of the Year
Jan. 13, 2015 – Davies was recognized as a significant player in six of the top 10 Canadian corporate deals of 2014, including Deal of the Year, in Lexpert Magazine ’s January 2015 issue. The firm was also recognized for one of the top 10 business cases of 2014. Lexpert ’s Top 10 Deals of the Year list is...
Aug. 01, 2014 – Worldwide, regulators and courts are increasingly engaged in the complex legal and policy issues at the intersection of competition and patent regimes. Trolls, Hopping, Ambush and Hold-up: Emerging International Approaches to the Intersection of Competition and Patent Law surveys the state of...
