Grup Mediapro S.L.U., 2024

Acted for Grup Mediapro S.L.U. in a litigation settlement with CSB, LP, culminating in a transaction pursuant to which Mediapro sold its Canadian business, consisting of the OneSoccer Channel, to CSB.

Insolvency Institute of Canada, 2023

Acting for the Insolvency Institute of Canada as an intervenor before the Supreme Court of Canada in Aquino v. Ernst & Young Inc. and Scott v. Doyle Salewski Inc., two cases raising important questions about corporate attribution and set-off in the insolvency context.

Shaw Communications Inc., 2023

Successfully acted for Shaw Communications Inc. in a landmark trial before the Competition Tribunal and subsequent appeal before the Federal Court of Appeal challenging the company’s C$26-billion merger with Rogers Communications Inc. This was the largest case ever heard by the Tribunal and the first pre-closing merger challenge to go to trial before the Tribunal. This case won Commercial Litigation Team of the Year at the 2023 Canadian Law Awards and was named the #1 business decision of 2023 by Law360 Canada.

Giant Tiger, 2023

Acting for Giant Tiger in defence of a proposed class action in Québec for alleged “greenwashing”, or misleading environmental claims, of recyclable bags. This is one of the first actions in Canada concerning greenwashing claims.

National Beef Packing Company, 2023

Acting for National Beef Packing Company in antitrust class actions commenced in Québec and British Columbia alleging a supply and price-fixing conspiracy in respect of cattle and beef.

Morgan Stanley Capital Group Inc., 2023

Acting for Morgan Stanley in class action proceedings in Québec and in Ontario taken against it and other banks and financial institutions, alleging the manipulation of the market for precious metals.

Continental Casualty Company, 2023

Successfully defended Continental Casualty Company (CNA) in the Ontario Superior Court of Justice in a class action in which billions of dollars of claims were asserted by or on behalf of thousands of businesses throughout Canada for business interruption coverage arising from the COVID-19 pandemic. This matter was decided by Justice Penny of the Commercial List in early June 2023 in favour of CNA and other insurers following a multi-week common issues trial. This is the first case to determine authoritatively at trial in Canada that the SARS-CoV-2 virus does not cause “physical loss or damage to property”, and that mere loss of use of property resulting from the COVID-19 pandemic does not trigger coverage under ordinary commercial property insurance policies.

Priceline.com and Kayak.com, 2023

Acting for Priceline.com and Kayak.com in defence of a drip pricing class action filed in the Superior Court of Québec.

Lerøy Seafood Group, 2023

Acting for Lerøy Seafood Group, a seafood production and distribution company based in Bergen, Norway, in defending a proposed Federal Court of Canada class action, which alleges that Lerøy and the other defendants colluded to fix the global and North American supply and prices of salmon.

StarKist Company and Dongwon Industries Company Limited, 2023

Successfully represented StarKist Company and Dongwon Industries Company Limited in class action proceedings commenced in Ontario alleging anti-competitive behaviour in the market for canned tuna. Davies successfully defeated certification in the Ontario Superior Court.

Newmont Mining Corporation (now known as Newmont Corporation) and other defendants, 2023

Acted for Newmont Mining Corporation, Fronteer Gold Inc. and its founder Mark O’Dea in a successful defence against a claim for over C$1.2 billion in damages and other relief asserted by Jacqui Safra and his holding company, NWG Investments Inc. Safra alleged fraud and misrepresentation concerning a transaction in which Fronteer acquired a mineral exploration company he founded and controlled. Safra’s claim was commenced after the newly formed Government of Nunatsiavut imposed a moratorium on uranium mining in April 2008. Justice Steele of the Superior Court of Ontario dismissed the claim on the grounds of delay in August 2023.

Moez Kassam and Anson, 2023

Acting for Moez Kassam and Anson funds in pursuing claims for defamation and conspiracy, arising from a series of false and defamatory statements published about them anonymously on the internet.

Nemaska Lithium Inc., 2023

Acting for Nemaska Lithium Inc. in proceedings instituted by Victor Cantore requesting that Nemaska be compelled to convey him a 3% net smelter return royalty on all metals extracted from Nemaska's Whabouchi mine.

Confidential client, 2023

Acting for the claimant in a C$1.1-billion ICC arbitration regarding a major Canadian infrastructure project.

High-tech company, 2023

Acting for a high-tech company in a C$5-million lawsuit filed by its former President, alleging, among other things, constructive dismissal.

Gotham Green Partners, LLC, 2023

Acting as counsel to Gotham Green Partners, LLC in defence of a petition seeking to unwind the debt restructuring transaction of iAnthus Capital Holdings Inc.

Canadian Women’s National Soccer Team Players’ Association, 2023

Advising the Canadian Women's National Team in their high-profile dispute against the national federation, Canada Soccer, for fair treatment and wages.

Confidential client, 2022

Acting for a public company in defence of a proposed securities class action alleging misrepresentations contrary to the Securities Act (Ontario) in connection with government contracting and the importation of goods.

Saline Investments Ltd., 2022

Acting for Saline Investments Ltd. in enforcement proceedings commenced by the Ontario Securities Commission alleging violations of the Securities Act (Ontario) in respect of certain short selling and securities lending transactions.

Gotham Green Partners, LLC, 2022

Acted for Gotham Green Partners, LLC in a successful application by the Gotham lenders to compel the enforcement of a restructuring and support agreement concerning the recapitalization of iAnthus Capital Holdings.

Confidential Client, 2022

Acted for a leading global services provider and its Canadian subsidiary in a high-stakes arbitration relating to the termination of a series of long-term services agreements.

Regional Municipality of Halton, 2022

Acted as counsel to the Regional Municipality of Halton, the Town of Milton, the Halton Region Conservation Authority and other municipalities in a constitutional challenge concerning the enforcement of dozens of provincial and municipal laws in respect of a major industrial development that the Canadian National Railway Company intends to proceed with in Milton and Halton. The matter was heard by a Justice of the Superior Court of Ontario in May and June, 2022.

SK hynix Inc. and SK hynix America Inc., 2022

Successfully represented 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. class actions. Davies successfully defeated certification in the Québec Superior Court, the Quebec Court of Appeal, the Federal Court of Canada and the Federal Court of Appeal, a result that is rarely seen in competition class actions.

Ralph Reichmann, 2022

Acted as lead counsel for Ralph Reichmann, the patriarch of a wealthy and successful Canadian family, in defending claims against him and his wife brought by his son, Abraham Reichmann, in relation to events that span over 40 years and concern, among other things, oppression and breaches of fiduciary duties in relation to notable family-owned enterprises and numerous trusts.

Kamaya Electric Co. Ltd. and Kamaya, Inc., 2022

Acted for Kamaya Electric Co. Ltd. and Kamaya, Inc. in a class action alleging price-fixing in respect of linear resistors sold directly and indirectly into the Canadian market. 

Hostess Brands LLC, 2022

Acting for Hostess Brands LLC in pursuing claims valued at approximately C$109 million arising from its C$425-million acquisition of Voortman Cookies Limited in 2020.

Plenary Group, 2022

Acting for Plenary Group, a leading investor, developer and operator of public infrastructure in North America, in confidential adjudication and arbitration disputes arising in respect to certain P3 projects.

Apotex Inc., 2022

Acting for Apotex Inc. and related entities in defending a class action commenced in the Federal Court of Canada alleging anti-competitive conduct regarding the sale of generic drugs in Canada.

Baffinland Iron Mines LP and Baffinland Iron Mines Corporation, 2021

Acted as counsel for Baffinland Iron Mines LP and Baffinland Iron Mines Corporation (together, “BIM”) in a high-stakes application to set aside or overturn an arbitral award of more than $114 million in damages. The resulting appeal in this case resulted in an important decision rendered by the Ontario Court of Appeal in April 2023 that addresses the circumstances in which an arbitration agreement will be interpreted as excluding rights of appeal, the application of the presumption of consistent expression in the interpretation of Canadian contracts, and the narrow circumstances in which a refusal to grant leave to appeal by a Superior Court may be appealed directly to the Court of Appeal.

DENSO International America, Inc. and Denso Sales Canada, Inc., 2021

Successfully acted for the Denso Group in its opposition to class action authorization proceedings before the Superior Court of Québec. Plaintiff sought to represent all buyers/lessees of certain motor vehicles models allegedly equipped with defective fuel pumps that would have been manufactured by the Denso Group. Davies successfully defended Denso and obtained the dismissal of the proposed class action.

OMERS Administration Corp and OMERS Private Equity Inc., 2021

Acting for OMERS Administration Corporation and OMERS Private Equity Inc. in five separate lawsuits filed by former employees of OMERS Private Equity, including one that initially claimed C$65 million in damages. The plaintiffs allege, among other things, breach of a long-term compensation plan.

Mohawk Industries Inc., 2021

Acting for Mohawk Industries Inc. in defence of a proposed class action in Ontario alleging anti-competitive conduct in the condominium refurbishment industry.

Canadian Real Estate Association, 2021

Acting for the Canadian Real Estate Association (CREA) to defend a proposed class action in the Federal Court alleging that CREA’s rule regarding broker commissions is anti-competitive.

Turquoise Hill Resources Ltd., 2021

Acting for Turquoise Hill Resources Ltd. in relation to its US$6.7-billion Oyu Tolgoi project in a proposed class action filed in the district of Montréal seeking leave proceed under the Securities Act (Québec) and certification under the Québec Code of Civil Procedure. Oyu Tolgoi is one of the world's largest new copper-gold mines and is located in the South Gobi region of Mongolia, approximately 550 km south of the capital, Ulaanbaatar, and 80 km north of the Mongolia-China border.

Occidental Chemical Corporation and Oxy Canada Sales Inc., 2021

Acting for Occidental Chemical Corporation and Oxy Canada Sales Inc. in antitrust class actions commenced in the Federal Court of Canada and in Québec, alleging that Occidental, together with a number of other chemical manufacturers, engaged in a price-fixing conspiracy in connection with the global sale of caustic soda, also known as sodium hydroxide (NaOH) or lye.

YMCA of Southwestern Ontario, 2021

Acting for YMCA of Southwestern Ontario in a dispute over its business interruption insurance coverage provided by Northbridge General Insurance Corporation in relation to the global COVID-19 pandemic.

Gorski Group Ltd., 2021

Acting for Gorski Group Ltd. in its claim against Absolunet Inc. resulting from the parties' contract for the creation of a new e-commerce website.

Liquidators of an estate, 2021

Acted for the liquidators of an estate valued at over $100 million in connection with a challenge to the testator's will on grounds of incapacity and undue influence.

A former senior employee, 2021

Acted for a former senior employee claiming an indemnity in lieu of notice following his termination without cause by a holding company.

Hydro One Inc., 2021

Acted for Hydro One Inc. in the defence of a high-profile employment-related claim advanced in the context of governance changes at Hydro One following the 2018 Ontario Provincial Government election.

The Honourable Morris J. Fish - Independent Review Authority, 2021

Acted as counsel to the Honourable Morris J. Fish, appointed Independent Review Authority by the Minister of National Defence, in connection with the preparation of his report on specified provisions of the National Defence Act and their operation. 

TransAlta Corporation, 2021

Acted for TransAlta Corporation in defending an oppression action brought by Mangrove Partners, a minority shareholder. Mangrove sought to set aside a $750-million strategic transaction entered into between TransAlta and Brookfield Renewable Partners.

Phi Centre Inc. et al., 2021

Acted for Phi Centre Inc., Phi Group Inc., Diving Horse Creations Limited and Phoebe Greenberg (collectively the Plaintiffs) in an action against Giuseppina Mancuso, her husband Bayard Whittall and his related company, Two Monsters Inc.

Confidential Client, 2021

Acted for a confidential client in an action against a former service provider and software developer who misappropriated software and other electronic information, including valuable and proprietary software.

Members of Canada's National Artistic Swimming Teams, 2021

Representing on a pro bono basis 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 them and their fellow athletes from psychological abuse, neglect and harassment.

A multinational automobile equipment supplier, 2021

Acting for a multinational automobile equipment supplier in connection with insurance claims relating to losses suffered as a result of the COVID-19 pandemic.

Creditors, 2021

Acted for several creditors in applications to enforce in Canada arbitration awards and judgments rendered against the Republic of Iraq.

ECN Capital, 2021

Acting for ECN Capital in a claim for over $25 million in damages filed against Bombardier Inc. in the Superior Court of Québec. 

A holding company, 2021

Acting for a holding company in defending contract and related intellectual property claims brought by a former shareholder of a portfolio company.

A large institutional investor, 2021

Advising a large institutional investor in connection with its cybersecurity insurance coverage.

ING Bank NC, 2021

Acted for ING Bank NC against the Republic of Zimbabwe for the enforcement in Canada of a foreign judgment relating to a default under various loan facilities.

A real estate company, 2021

Acting for a real estate company arbitrating the fair market value of properties in and adjustments applicable to a $500-million real estate portfolio being divided with a former partner.

Groupe BMTC Inc. (formerly Brault & Martineau Inc. and Ameublements Tanguay Inc.), 2021

Acting for Groupe BMTC Inc. (formerly Brault & Martineau Inc. and Ameublements Tanguay Inc.) in defence of a class action instituted against large retailers in Québec claiming that their advertisement informing of the availability of consumer credit contravenes the provisions of the Consumer Protection Act and the Regulation respecting the Application of the Consumer Protection Act.

Laurentian Bank of Canada, 2021

Acting for Laurentian Bank of Canada, a secured creditor of Kanwal Inc., in the latter's restructuring and receivership proceedings. 

Vale Canada Limited, 2021

Acting for Vale Canada Limited in a proceeding before the Ontario Superior Court of Justice (Commercial List) involving claims for damages by Vale of more than $650 million in connection with alleged breaches by Solway Group, an Eastern European mining company, of various royalty agreements relating to a nickel mining project in Guatemala.

An institutional investor, 2021

Advising an institutional investor in connection with a major ransomware attack involving critical infrastructure facilities in which the client holds a substantial interest, including with respect to related litigation. 

Égale Canada Human Rights Trust Inc., 2021

Acting for Egale Canada, Canada's only national non-profit organization devoted to the promotion of two-spirited, lesbian, gay, bisexual, trans, queer and intersex rights, as an intervenor in a constitutional challenge to provisions of the Civil Code of Québec that infringe upon rights of trans, non-binary and intersex individuals and their children. In a major victory for human rights, the Superior Court of Quebec declared six provisions unconstitutional. An appeal to the Quebec Court of Appeal was heard in April 2022 and is currently under reserve.

Les avocats et notaires de l'état québécois (LANEQ), 2021

Successfully acted for Les avocats et notaires de l'État québécois (LANEQ), the professional union representing the vast majority of the lawyers and notaries employed by the Government of Québec in its public service or by other mandataries of the State (Agence du revenu du Québec, Régie de l'énergie, Autorité des marchés financiers and Autorité des marchés publics), in its negotiations with the Government of Québec, including for the reform of its members' collective bargaining plan. The Government of Québec and LANEQ concluded an agreement establishing a joint committee to determine whether the lawyers and notaries of the Québec civil service have a distinctive character. If so, the Government has undertaken to reform their collective bargaining regime. The agreement was qualified as “historic” by both parties.

Certain shareholders of Mason Graphite, 2020

Acted for Mr. Fahad Al-Tamimi and other concerned shareholders of Mason Graphite Inc. in their successful efforts to replace the board of Mason with a new slate of directors to maximize the company's opportunities and enhance shareholder value.

HSBC Bank of Canada, 2020

Acting for HSBC Bank of Canada in its capacity as operating lender and DIP lender to Ernest Enterprises (Mtl) Ltd.

Aéroports de Montréal, 2020

Acting for Aéroports de Montréal (ADM) as intervenor in a construction dispute between Bombardier Inc. (Bombardier) and Axor Group Inc. (Axor) relating to allegations of faulty performance of a "turnkey" contract. Axor designed and built an aircraft hangar for Bombardier on land leased by ADM. Bombardier alleges that Axor failed to connect certain waste water drains, located at the bottom of the Hangar's recovery gutters, to the underground recovery tank. This would have resulted in contaminated water being discharged into the soils of the land on which the Hangar is located.

Skatteforvaltningen (The Tax and Customs Agency of the Kingdom of Denmark), 2020

Acting for the Tax and Customs Agency of the Kingdom of Denmark against three Canadian pension plans to recover tax refunds that were discovered to have been paid out improperly in the context of a worldwide fraudulent tax refund scheme involving over 12.7 billion DKK paid out between 2012 and 2015.

Maxit Capital LP, 2020

Acted for Maxit Capital LP, as a financial advisor to Guyana Goldfields Inc., in a successfully contested plan of arrangement under the Business Corporations Act (Ontario) in relation to Maxit's retainer agreement with Guyana. 

Insolvency Institute of Canada, 2020

Acted for the Insolvency Institute of Canada in connection with its intervention before the Québec Court of Appeal in the Québec controversy involving the application of section 243 of the Bankruptcy and Insolvency Act and, more specifically, the right of hypothecary creditors to have a receiver appointed and their obligation to provide timely prior notice of the exercise of a hypothecary right.

EDF Renewables Canada Inc., 2020

Acted for EDF Renewables Canada Inc. in a tax appeal before the Tax Court of Canada to determine if three wind-farm facilities in Québec constitute inventory or capital property for tax purposes.

The Federal Republic of Nigeria, 2020

Acting on behalf of the Federal Republic of Nigeria in Canadian proceedings involving the country's efforts to recover assets, including a private jet, from the key figure in the "Malabu Oil Scandal," one of Africa's biggest corruption cases.

René Allard, on behalf of retired management personnel of the Government of Québec and their spouses, 2020

Acting for class representative René Allard in a class action proceeding regarding constitutional damages against the government of Québec on behalf of retired members of Québec's public and parapublic sectors' management personnel, as well as their spouses, whose retirement pension indexing was unilaterally suspended and retrospectively modified by a statute adopted by the Québec National Assembly. The class action was authorized by the Québec Court of Appeal.

Delta Air Lines, 2020

Acting for Delta Air Lines in a class action alleging failure to offer refunds for all air carrier services that were cancelled after March 1, 2020, as a result of the COVID-19 pandemic.

Groupe Latécoère, 2020

Acted for Groupe Latécoère, a portfolio company of Searchlight Capital Partners, in its acquisition from Bombardier Inc. and certain of its affiliates of the assets relating to electrical wiring interconnection activities for the production of main and sub-electrical harnesses for commercial and business aviation programs.

McKesson Corporation and McKesson Canada Corporation, 2020

Acting for McKesson Corporation and McKesson Canada Corporation to defend a high-profile proposed class action brought by the Province of British Columbia on behalf of all Canadian provincial governments, as well as the Federal government, against manufacturers and distributors of opioids seeking to recover health care costs related to the opioid crisis. Also acting for McKesson in additional opioid-related proposed class actions.

Kildair Service ULC, 2020

Acting for Kildair Service ULC, a distributor of heavy fuel oil (among other things), before the Québec Superior Court in a multi-million dollar dispute involving the proper interpretation of a number of statutes and regulations related to the contributions payable to the Energy Transition Regime and the Green Fund.

Succession René G. Lépine, 2020

Acting for Succession René G. Lépine in its defence to a $25-million claim by the syndicate of the co-owners of residential towers in downtown Montréal in relation to alleged construction defects.

Denso Corporation, 2020

Acting for Denso Corporation (and related entities) in its defence of dozens of class actions commenced across Canada alleging anti-competitive conduct in respect of the sale of various automotive parts, including contested certification proceedings and with respect to cross-border issues arising out of parallel U.S. class actions.

Confidential, 2020

Acted for the plaintiff, an operator of a globally ranked, leading amusement park and resort, in connection with proceedings before the ICC International Court of Arbitration regarding a product liability claim against the defendant, an amusement park ride manufacturer.

Glencore Canada Corporation, 2020

Acted for Glencore Canada Corporation in multiple appeals under the Mining Tax Act, RSO, 1990, c M. 15, before the Superior Court of Justice.

CGC Inc., 2020

Acted for CGC Inc. in its appeal regarding the fair market value of gypsum to the Ontario Superior Court of Justice.

Martin Coiteux, 2020

Acting for Martin Coiteux, former Minister of the Government of Québec, in a lawsuit for damages instituted by Marcel Forget, a former executive of UPAC, against the Government of Québec following the resignation.

Canadian Chamber of Commerce, 2020

Acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning the applicability of arbitration clauses to class actions in Ontario.

Confidential Client, 2020

Acting for a large international bank in connection with an alleged global price-fixing conspiracy related to supra-sovereign, sovereign and agency bonds (SSA bonds).

Canadian Chamber of Commerce, 2020

Acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning whether Canadian law should recognize a novel tort of disgorgement of profits gained as a result of wrongdoing.

Fédération des médecins spécialistes du Québec, 2020

Acted for the Fédération des médecins spécialistes du Québec (FMSQ) in defence of a class action relating to fees charged to patients. The group representatives allege that the FMSQ prompted its members to charge certain fees to insured patients in violation of the Health Insurance Act.

Epic Games Inc. and Epic Games Canada ULC, 2019

Acting for Epic Games Inc. of North Carolina and its Canadian subsidiary Epic Games ULC in relation to a class action by users of the popular video game Fortnite.

World Sikh Organization of Canada, 2019

Acting on a pro bono basis for the World Sikh Organization of Canada and its vice-president for Québec, Amrit Kaur, in their constitutional challenge of the Act respecting the laicity of the State, which prohibits the wearing of religious symbols by certain public sector employees.

Canadian Malartic GP, 2019

Acting for Canadian Malartic GP, an impleaded party in an application for judicial review to obtain the annulment of a governmental decree.

A large Canadian general contractor, 2019

Acted for one of Canada's largest general contractors making a $40-million claim in an arbitration relating to the construction of a hydro-electric dam.

Bona Realties Limited, 2019

Acting for Bona Realties Limited in connection with a $27-million indemnity claim following the City of Montréal's expropriation of a large vacant property in Griffintown in order to turn it into a public park.

Liquor Control Board of Ontario, 2019

Acted for the Liquor Control Board of Ontario in defending claims asserted against it for approximately $1.5 billion in antitrust class action proceedings pending in the Ontario Superior Court against the LCBO, Brewers Retail Inc. and a number of major brewers. In March 2018, Justice Perell of the Ontario Superior Court granted summary judgment dismissing all claims asserted against the LCBO and the other defendants, and awarded substantial costs of almost $800,000. The decision of Justice Perell granting summary judgment in favour of the LCBO was affirmed by the Ontario Court of Appeal in April 2019.

Defendants, 2019

Acted for a number of offerors, directors and officers in defence of a one-billion dollar securities class action proceeding arising out of the successful joint takeover bid for Baffinland Iron Mines Corporation by Nunavut Iron Ore Acquisition Inc. and ArcelorMittal S.A. The claim alleges takeover bid circular misrepresentations and breach of insider trading provisions under the Securities Act (Ontario) as well as other Canadian securities legislation.

Wärtsilä Canada Inc., 2019

Acted for Wärtsilä Canada Inc., a Finnish based engineering firm, before the Supreme Court of Canada in connection with a product liability litigation which turned on the application of the Civil Code of Québec to a claim governed by Canadian maritime law.

Estate Trustees of Barry Sherman and Honey Sherman, 2019

Acted as counsel to Estate Trustees of Barry and Honey Sherman in proceedings against the Toronto Star involving a request to unseal court files concerning the Shermans’ Estates. The precedent-setting decision by the Supreme Court of Canada in this case created new and important law concerning privacy and court openness.

James MacDonald, 2019

Acted for Mr. James S.A. MacDonald before the Supreme Court of Canada in an appeal concerning the difference between speculation and hedging, and the tax treatment applicable to gains or losses arising from derivative transactions.

European publicly-traded corporation, 2019

Acted for a publicly traded corporation in connection with a potential investment by an activist fund.

West Face Capital Inc., 2019

Acted for West Face Capital Inc. in defending successfully against a second claim asserted against it by The Catalyst Capital Inc., this time for more than $1.3 billion, arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. On April 18, 2018, Justice Hainey of the Ontario Superior Court of Justice determined that this second claim was essentially an attempt to re-litigate the same facts and issues that had previously been decided by Justice Newbould in the first such claim between Catalyst and West Face. As such, Justice Hainey dismissed the claim as against West Face, and all of the other defendants, as an abuse of process. Catalyst's appeal from the Order of Justice Hainey dismissing this action as an abuse of process was dismissed by the Ontario Court of Appeal in early May 2019. In November 2019, the Supreme Court of Canada dismissed Catalyst's application for leave to appeal.

Koebra Development Corporation, 2019

Acted successfully for Koebra Development Corporation in response to an application by citizens requesting that municipal authorizations granted in connection with a multi-use real estate development project be revoked.

Canadian Tire Corporation, Limited, 2019

Acted for Canadian Tire in various expropriation matters against the City of Montréal, the Québec Ministry of Transport and the City of Québec in connection with the Réseau Express Métropolitain (REM), the extension of the blue line of the Montréal metro, the Pie-IX Bus Rapid Service (SRB) project and the Réseau structurant de transport en commun.

KSV Kofman Inc. (now known as KSV Restructuring Inc.), 2019

Acted for KSV Kofman Inc. (now known as KSV Restructuring Inc.), as monitor for the Urbancorp Group of Companies, in an appeal concerning whether a certain transaction was a fraudulent conveyance or otherwise voidable by the monitor in connection with Urbancorp's CCAA proceedings.

The Canadian Chamber of Commerce, 2019

Acted for the Canadian Chamber of Commerce, an intervener, in appeals decided by the Supreme Court of Canada on September 20, 2019, arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which clarified the standard for class certification in competition class actions, and settled long-standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.

Canadian Chamber of Commerce, 2019

Acted for The Canadian Chamber of Commerce, an intervener, in appeals heard by the Supreme Court of Canada in December 2018 arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which resolves the standard for class certification in indirect purchaser cases, and settled long standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.

Diverse Clients, 2019

Acted successfully for diverse clients before the Autorité des marchés publics to obtain or renew their authorization to contract and/or to subcontract with a public body in response to a request for information or a notice of refusal.

TransAlta Corporation, 2019

Acted for TransAlta Corporation in defending successfully "public interest" proceedings initiated against TransAlta by Mangrove Partners before the Ontario Securities Commission and Alberta Securities Commission in respect of the election of Directors of TransAlta at its Annual Meeting on April 26, 2019, and concerning a $750 million financing transaction entered into between TransAlta and Brookfield Renewable Partners.

LG Electronics, 2019

Acted for LG Electronics and its Canadian and U.S. subsidiaries in multiple class actions commenced across Canada. The class actions alleged that LG and a number of other electronics companies engaged in a price-fixing conspiracy in connection with the sale of optical disk drives and products containing them, and included a certification motion in the British Columbia Supreme Court and subsequent appeal in the British Columbia Court of Appeal and Supreme Court of Canada.

An Athlete, 2019

Acted successfully for an athlete before the Sport Dispute Resolution Centre of Canada following an adverse analytical finding.

Association québécoise des pharmaciens propriétaires, 2019

Acting for the Association québécoise des pharmaciens propriétaires in a motion for leave to intervene produced in favour of an application for leave to appeal to the Supreme Court of Canada.

Confidential Clients, 2019

Acting on behalf of various confidential clients regarding investigations by the Québec Permanent Anti-Corruption Unit.

Healthcare Professionals, 2019

Acting for healthcare professionals in an investigation by a Québec governmental body into the practices of the medical products manufacturing industry. The investigation could give rise to administrative, civil, disciplinary and criminal prosecutions.

Association québécoise des pharmaciens propriétaires, 2019

Acting for the Association québécoise des pharmaciens propriétaires in its constitutional challenge of section 22.6 of the Health Insurance Act.

Amicus curiae of the Supreme Court of Canada, 2019

Appointed amicus curiae of the Supreme Court of Canada by the then-chief justice of Canada, Beverley McLachlin, in a case raising a question of criminal law applied in a civil context to insurance contracts rules (Desjardins Financial Security Life Assurance Company v Émond, 2017 SCC 19). The Supreme Court unanimously upheld the amicus curiae's position and dismissed the appeal from the bench.

Honeywell International Inc., 2019

Representing Honeywell International Inc. against an action in damages claiming approximately $14 million in damages, brought by Bombardier Inc. and Short Brothers PLC.

Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac, 2019

Acted successfully for Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac before the Superior Court of Québec, the Court of Appeal of Québec and the Supreme Court of Canada on a challenge of search warrants and production orders issued by a judge and executed in multiple locations by the Québec Revenue Agency as part of the Permanent Anti-Corruption Unit of Québec.

Geneviève Simard, Amélie-Frédérique Gagnon, Gail Kelly and Anna Prchal, 2018

Representing Amélie-Frédérique Gagnon, Gail Kelly, Anna Prchal and Geneviève Simard, who were among the victims of former ski coach Bertrand Charest. He was convicted and sentenced to 12 years in prison on charges related to the sexual assault of athletes. Davies is acting on a pro bono basis.

Secrétariat du travail du Québec, 2018

Appointed by the Minister responsible for Labour to act as special mediator in connection with the labour dispute at ABI's Bécancour aluminium smelter.

Formula E Operations Ltd., 2018

Successfully acted for Formula E Operations Ltd. (FEO) in connection with its claims arising from the City of Montréal's decision to cancel the Montréal ePrix. This includes asserting FEO's claims against the City of Montréal and in the bankruptcy proceedings of Montréal C'est Électrique, a non-profit corporation set up by the City for the purposes of acting as promoter of the Montréal ePrix.

McKesson Canada Corporation and McKesson Corporation, 2018

Acted for McKesson Canada Corporation and McKesson Corporation in a $200-million contractual indemnity claim arising out of the purchase of the Rexall Pharmacy Business and tort claims for alleged fraudulent misrepresentations in contract negotiation.

American International Group Inc., 2018

Acted for a subsidiary of American International Group Inc. in successfully defending a court application brought by The Walt Disney Company regarding the arbitration of a substantial insurance coverage dispute.

World Anti-Doping Agency, 2018

Acting for the World Anti-Doping Agency in defence of a civil action filed in the Ontario Superior Court of Justice by three Russian cyclists who were denied entry to the 2016 Olympic Games in Rio de Janeiro.

Delta Air Lines, 2018

Acting for Delta Air Lines in defending a multi-billion dollar proposed class action alleging a conspiracy to constrain the capacity of the passenger airline industry in North America.

Morgan Stanley Canada Limited, 2018

Acted for Morgan Stanley Canada Limited in a class action instituted against 12 global banks based on an alleged conspiracy to artificially fix foreign currency exchange rates.

Cast Steel Products (Canada) Ltd. and Cast Steel Products (US) Ltd., 2018

Acted for Cast Steel Products (Canada) Ltd. and Cast Steel Products (US) Ltd. (CSP) in connection with their litigation against one of their independent sales contractors and certain third parties for having illegally appropriated and made use of confidential commercially sensitive information concerning CSP business and clients.

Bluberi Group Inc., 2018

Successfully acted for 9354-9186 Québec Inc. and 9354-9178 Québec Inc. (formerly known as Bluberi Gaming Technologies Inc. and Bluberi Group Inc.) with regards to (i) appellate proceedings before the Supreme Court of Canada and (ii) their restructuring efforts under the Companies' Creditors Arrangement Act (CCAA). The judges of the Supreme Court, on the bench, unanimously ruled in favour of our clients and overturned the Court of Appeal.

Vale Canada Limited, 2018

Acted for Vale Canada Limited and its affiliates in defending contractual claims before the Supreme Court of Newfoundland and Labrador in an amount of almost $500 million that were asserted by the Plaintiff under an Option Agreement pertaining to the Voisey's Bay Nickel Project. This case was settled in September, 2018, at the end of the first week of a four month trial that would have involved dozens of lay and expert witnesses. This was the first "hybrid trial" and first electronic trial ever conducted in the Province of Newfoundland and Labrador.

Red Bull Canada Ltd., 2018

Acted in a national class action suit against Red Bull Canada and against its Austrian parent, Red Bull GmbH, alleging misrepresentations made in the marketing of Red Bull energy drinks in Canada.

Transdev Québec Inc., 2018

Successfully represented Transdev Québec Inc., part of the Transdev Group which is active in 19 countries and is a worldwide reference for sustainable mobility and multi-module transport. Transdev and the local public transportation authority, Réseau de transport métropolitain, were sued by La Québécoise following a call for tenders for a transportation contract by bus, which was won by Transdev at $23 million.

The Law Students' Society of Ontario, 2018

Acted for an intervener, the Law Students' Society of Ontario, in the Trinity Western University et al. v The Law Society of Upper Canada and The Law Society of British Columbia v Trinity Western University et al. appeals before the SCC.

Ontario Lottery and Gaming Corporation, 2018

Successfully acted for the Ontario Lottery and Gaming Corporation in a judicial review application brought by the City of Niagara and the Region of Niagara Falls concerning the selection process for an operator of the Niagara gaming bundle.

Canada Life Company, 2018

Acted as counsel to Canada Life in a significant appeal argued recently in the Court of Appeal for Ontario concerning the proposed rectification of a complex corporate transaction that gave rise to an unintended tax liability measured in the tens of millions of dollars. The appeal is under reserve.

Association québécoise des pharmaciens propriétaires, 2018

Acting for the Association québécoise des pharmaciens propriétaires in a motion for declaratory judgment against the Attorney General of Québec and the Régie de l'assurance maladie du Québec concerning the interpretation of a recent statute adopted by the Québec legislature regarding certain obligations imposed upon all pharmacists in Québec.

Giant Tiger Stores Limited, 2018

Acting for Giant Tiger Stores Limited in its defence of multiple class proceedings commenced across Canada (including Ontario, British Columbia, Saskatchewan, Alberta, Manitoba, Québec and the Federal Court) relating to alleged price-fixing of commercial bread products in Canada at the wholesale and retail levels.

Confidential Client, 2018

Advising and assisting a whistleblower to make a detailed confidential/anonymous whistleblower submission to the Ontario Securities Commission under the OSC's Whistleblower Program in respect of securities fraud and misleading disclosure in the exempt market.

Groupe Vision New Look Inc., 2018

Acting for Groupe Vision New Look Inc., Québec's largest optical products retailer, in a class action claiming the refund of all fees charged for medications and services in relation to optical services provided to consumers between 2012 and 2015.

Confidential Arbitration, 2018

Successfully arbitrated a contractual dispute for a Québec-based client in the retail products industry. The dispute involved synthesizing the 20 year history of a series of multi-lateral relationships and resulted in a complete victory for Davies' client.

Honeywell International Inc., 2018

Representing Honeywell International Inc. against Bombardier Inc. in the context of a $450-million claim in relation to various contracts for the supply by Honeywell of aircraft propulsion units for Bombardier's Challenger 300, Challenger 350 and CSeries programs.

Rogers Communications Inc., 2017

Acting for Rogers Communications Inc. in connection with the appeal of an administrative decision of the Québec Privacy Commissioner that would prohibit the use by Rogers of any personal information to conduct credit verifications and fraud prevention measures in relation to consumer subscriptions for mobile telephone service.

Oaktree Capital Management, L.P., 2017

Acted for Oaktree Capital Management, L.P., in its opposition to the $475-million acquisition of Québec-based Tembec Inc. by Florida-based Rayonier Advanced Materials Inc.

Mario Montminy et al., 2017

Successfully represented Mario Montminy and others at the Federal Court of Appeal against the Canada Revenue Agency in a stock option deduction dispute. The court sided with the taxpayers on the eligibility of their deductions.

Kawasaki Motors Corporation, USA, 2017

Acted for Kawasaki Motors Corporation, USA in its defence of class actions commenced in Canada alleging price-fixing and misleading advertising in respect of the sale by others of lawn mowers in Canada.

Fonds de solidarité des travailleurs du Québec (FTQ), 2017

Acting for the Fonds de solidarité des travailleurs du Québec (FTQ) in connection with a $20-million claim instituted by a shareholder against a former director.

Endo International plc, 2017

Represented Endo International plc in a Canadian securities class action alleging that Endo made material misrepresentations and omissions concerning (i) its receipt of "a subpoena from the State of Connecticut about likely antitrust violations concerning" certain products; and (ii) the erosion in its generic pharmaceutical business.

Cominar Real Estate Investment Trust, 2017

Acting for Cominar Real Estate Investment Trust  in an injunctive matter involving Librairie Raffin and Librairie Renaud-Bray in connection with the leasing of commercial premises.

Daisye Marcil, 2017

Acted for the plaintiffs in a class action involving all Québec parents who were required to pay fees for the purchase of school books or other didactic material even though these fees should have been assumed by the school boards.

Canadian Malartic GP, 2017

Acting for Canadian Malartic GP in connection with an injunction application alleging breach of various environmental standards.

Canadian Malartic GP, 2017

Acting for Canadian Malartic GP in a class action based on alleged neighbourhood annoyances related to the operations of the largest open-pit gold mine in Canada.

Former members of the Audit Committee of Philip Services, 2017

Acting for former members of the Audit Committee of Philip Services in a class action claim for over $1 billion in damages.

HudBay Minerals, 2017

Acted for HudBay Minerals Inc. in a large, complex international arbitration in Lima, Peru arising out of the construction of the Constancia Mine.

Sistem Muhendislik Insaat Sanayi Ve Ticaret Anonim Sirketi, 2017

Acted for Sistem Muhendislik Insaat Sanayi Ve Ticaret Anonim Sirketi, a Turkish construction company, in its application before the Superior Court of Justice in Ontario for the recognition and enforcement of an arbitration award rendered against the Kyrgyz Republic in a case of illegal expropriation of an hotel it owned and operated in Bishkek, capital city of Kyrgyzstan.

Ontario Lottery and Gaming Corporation, 2017

Acting for the Ontario Lottery and Gaming Corporation (OLG) defending allegations that OLG owes a duty of care to prevent "problem gamblers" from gambling in OLG's commercial casinos.

Canadian Royalties Inc., 2017

Acted for Canadian Royalties Inc. before the Supreme Court of Canada and the Québec Court of Appeal in a matter involving the revocation of an order homologating an arbitral award as a result of an alleged conflict of interest of the arbitrator.

Canadian Women's National Soccer Team, 2017

Advised the Canadian Women's National Team on the formation of a Players' Association and compensation negotiations on behalf of the Canadian Women's National Soccer Team Players' Association.

Hearing Panel of the Patented Medicine Prices Review Board, 2017

Acted as counsel to the Hearing Panel of the Patented Medicine Prices Review Board in two proceedings which determined whether Soliris and Procysbi, rare disease medicines, are excessively priced.

Royal Group, Inc., 2017

Acted for Royal Group, Inc. in its successful defence of a wrongful dismissal action commenced by its former Chief Financial Officer. The action was dismissed by Justice Myers of the Ontario Superior Court of Justice in July 2017, following a three-week trial in the Commercial List. Royal Group prevailed on every issue, proving that the Plaintiff's role in certain related party transactions gave rise to cause for dismissal notwithstanding that the Plaintiff had previously been acquitted of criminal charges brought against him in respect of those transactions.

Roy Gardiner, 2017

Acted for the defendants on appeal in Todd Family Holdings Inc. v Gardiner, in which the Ontario Court of Appeal overturned a number of trial findings made against Roy Gardiner and Dayl Armstrong arising out of a loan by the plaintiffs to the defendants. The trial judge had made findings of fraud against Gardiner and Armstrong; awarded damages of over US$2.2 million; awarded costs of almost $1 million; assigned the defendants' intellectual property to the plaintiffs until all debts were satisfied; and held that the plaintiffs had not recovered any sums owing during the period leading up to trial, despite having held the IP for seven years. The Ontario Court of Appeal reversed the finding of deceit against Armstrong; reduced the damages award by approximately US$1 million; reversed the award of costs; reversed the finding that the plaintiffs had not recovered any sums owing up to the trial date; and ordered an accounting of all sums recovered by the plaintiff to date.

University of Melbourne, 2017

Acted for the University of Melbourne in connection with its defence of a claim of copyright infringement and other civil damages.

Association of Chartered Certified Accountants, 2017

Acted as co-counsel for the Association of Chartered Certified Accountants in respect of trademark claims and antitrust defences against certain provincial Chartered Accountant and Chartered Professional Accountant institutes in Federal Court.

Beauward Real Estate Inc., 2017

Acting for Beauward Real Estate Inc., before the Superior Court of Québec, the Court of Appeal of Québec and the Supreme Court of Canada, in opposing an action seeking the annulment of the judicial sale of a $20-million property.

General Motors Financial, 2017

Acting for General Motors Financial in defending a class action claiming damages resulting from an alleged privacy breach concerning customer information.