Andrea L. Burke

Partner

Andrea L. Burke

Andrea L. Burke

Partner

“A tremendously capable litigator, and so meticulous and thorough. She has a strong relationship with our board and has a good strategic focus.”
Client – Chambers Canada 2022

Andrea specializes in a broad range of complex business disputes and corporate litigation. She is a trusted adviser to leading Canadian and international public and private companies, including those in the mining and telecommunications sectors. She acts for clients before all levels of court and various administrative tribunals as well as in private arbitrations and mediations. Companies navigating high-stakes multijurisdictional disputes frequently call on her to efficiently coordinate counsel and strategy across jurisdictions.

Clients value Andrea for being “a thoughtful, decisive and strategic thinker” who is “also pragmatic, keeping her eye on the end game.” (Chambers Canada 2019)

Andrea also has extensive experience in securities-related litigation and law, including securities class actions, oppression proceedings and enforcement and contested transaction matters. She is currently serving a two-year term as a part-time adjudicator for the newly formed Capital Markets Tribunal, an independent adjudicative division of the Ontario Securities Commission.

Andrea is a former Director of The Advocates’ Society, a former past chair of many of its committees and task forces, and a past President of the University of Toronto Law Alumni Association. She is a member of the Ontario Superior Court’s Commercial List Users’ Committee, a former member of the Ontario Securities Commission’s Securities Proceedings Advisory Committee and a former adjunct professor at the University of Toronto Faculty of Law.

Andrea L. Burke

Partner

“A tremendously capable litigator, and so meticulous and thorough. She has a strong relationship with our board and has a good strategic focus.”
Client – Chambers Canada 2022

Andrea specializes in a broad range of complex business disputes and corporate litigation. She is a trusted adviser to leading Canadian and international public and private companies, including those in the mining and telecommunications sectors. She acts for clients before all levels of court and various administrative tribunals as well as in private arbitrations and mediations. Companies navigating high-stakes multijurisdictional disputes frequently call on her to efficiently coordinate counsel and strategy across jurisdictions.

Clients value Andrea for being “a thoughtful, decisive and strategic thinker” who is “also pragmatic, keeping her eye on the end game.” (Chambers Canada 2019)

Andrea also has extensive experience in securities-related litigation and law, including securities class actions, oppression proceedings and enforcement and contested transaction matters. She is currently serving a two-year term as a part-time adjudicator for the newly formed Capital Markets Tribunal, an independent adjudicative division of the Ontario Securities Commission.

Andrea is a former Director of The Advocates’ Society, a former past chair of many of its committees and task forces, and a past President of the University of Toronto Law Alumni Association. She is a member of the Ontario Superior Court’s Commercial List Users’ Committee, a former member of the Ontario Securities Commission’s Securities Proceedings Advisory Committee and a former adjunct professor at the University of Toronto Faculty of Law.

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McKesson Corporation and McKesson Canada Corporation

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.

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OMERS Administration Corp and OMERS Private Equity Inc.

Acting for OMERS Administration Corp and OMERS Private Equity Inc. in a $65-million lawsuit filed by a former employee, Tim Patterson, who is alleging, among other things, breach of a long-term compensation plan and related wrongful dismissal.

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Respondent

Acting for a client in connection with an Ontario Securities Commission enforcement investigation and enforcement proceeding against Solar Income Fund Inc. and various individuals. The investigation and enforcement proceeding related to multiple alleged breaches of the Securities Act in connection with an exempt market fund, including misleading investors, misrepresenting financial positions and fraud.

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Hydro One Inc.

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.

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A long-term shareholder of BlackBerry Limited

Acted for a long-term shareholder in BlackBerry Limited, in engaging with staff of the TSX and OSC regarding requiring shareholder approval of BlackBerry's September 2020 recapitalization. Successful in having BlackBerry provide additional public disclosure and compelling BlackBerry to amend the transaction terms.

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McKesson Canada Corporation and McKesson Corporation

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.

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Defendants

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.

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Barrick Gold Corporation

Acting for Barrick Gold Corporation in international tort litigation in courts in the United States and the Republic of the Philippines.

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Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and other defendants

Acting for Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and other defendants in this action for fraudulent and negligent misrepresentation, which is alleged to have induced the plaintiff to enter into a plan of arrangement transaction by which the plaintiff exchanged shares in a gold mining company for shares in a uranium mining company.

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BTIG, LLC

Acting for BTIG, LLC in proceedings in multiple jurisdictions to recover against parties involved in securities fraud, including in proceedings designed to enforce an arbitral award and judgments in circumstances where assets have been moved off-shore and made subject to asset protection trusts.

Speaking Engagement
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Co-chair, The Advocates’ Society, Summer Trial Advocacy College Program; Webcast

June 10, 2021

Bulletin
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Davies Highlights Concerns with Proposals to Modernize Ontario’s Capital Markets

Sept. 09, 2020 - Davies has submitted a comprehensive comment letter to the Capital Markets Modernization Taskforce (Taskforce) in response to the consultation report published by the Taskforce on July 9, 2020 (Report). The Taskforce was formed by the Ontario government in February 2020 with a mandate to review...

Speaking Engagement
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Co-chair, The Advocates’ Society Fall Convention 2019, “Advocacy in Progress”; Nassau, The Bahamas; Nov. 8 & 9, 2019

Nov. 08, 2019

Speaking Engagement
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Skills instructor, The Advocates’ Society Skills Certification Program: Evidence for Litigators; Toronto, ON

Oct. 16, 2019

Speaking Engagement
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Speaker, Osgoode Professional Development, Business Law LLM Program, “The Board’s Role When There Are Allegations of Regulatory or Criminal Misconduct”; Toronto, ON

Apr. 24, 2019

Speaking Engagement
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Chair and skills instructor, The Advocates’ Society, course, “Negotiation Strategies for Litigators”

Apr. 16, 2019

Speaking Engagement
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Speaker, The Advocates’ Society, Leadership Skills for Litigators, “Building Effective Teams: Motivating and Engaging Your Team”; Toronto, ON

Mar. 29, 2019

Speaking Engagement
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Co-chair, The Advocates’ Society, “Leading Your Case: Opening Statements and Examination-in-Chief”

Dec. 07, 2018

Speaking Engagement
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Skills Instructor, The Advocates’ Society, Civil Litigation Skills Certificate Program, “Evidence for Litigators”; Toronto, ON

Nov. 29, 2018

Speaking Engagement
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Mentor, The Advocates’ Society, Fall Forum, “The Litigator of the Future”

Oct. 19, 2018

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Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial: Ontario; Litigation, Securities: Ontario

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The Legal 500 Canada—Dispute Resolution: Ontario (Leading Individual)

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Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 100 Women in Litigation; Commercial (Litigation Star); Securities (Litigation Star)

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Lexpert Special Edition: Litigation

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Lexpert Special Edition: Mining

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The Canadian Legal Lexpert Directory—Class Actions; Litigation: Corporate Commercial; Litigation: Securities

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The Best Lawyers in Canada—Class Action Litigation; Corporate and Commercial Litigation; Securities Law

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Who’s Who Legal: Canada—Commercial Litigation

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University of Toronto—Arbor Award (2013)

Bar Admissions
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Ontario, 1996

Education
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SOAR/OsgoodePD Certificate in Adjudication for Administrative Agencies, Boards and Tribunals, 2022
University of Toronto, LLB (Honours), 1994
McGill University, BComm (Economics & Finance) (Joint Honours), 1991

Professional Affiliations
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The Advocates’ Society
Society of Ontario Adjudicators and Regulators

Board Memberships
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The Advocates’ Society, former director (June 2018 to June 2022)

Community Involvement
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Cabbagetown Heritage Conservation District Advisory Committee, former member (2009 to 2018)
Ontario Securities Commission, Securities Proceedings Advisory Committee, former member (2017 to 2020)
Ontario Superior Court of Justice, Commercial List Users’ Committee, current member
The Advocates’ Society, Education Standing Committee, past chair (2021 to 2022)
The Advocates’ Society, Standing Committee on Advocacy and Policy, past chair (2020 to 2021)
University of Toronto Faculty of Law, Bay Street Campaign Advisory Group, former member
University of Toronto Faculty of Law, Law Alumni Association Council, former President, Vice-President and Treasurer, and Member of Council (2009 to 2021)
University of Toronto Faculty of Law, Nominations Committee for Distinguished Alumni Award and Wilson Prichard Award 2020, member
University of Toronto Faculty of Law, student mentor
Women’s White Collar Defense Association, Toronto chapter, current member

Teaching Engagements
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Andrea has been a guest instructor at the Intensive Trial Advocacy Workshop at Osgoode Hall Law School’s Professional Development program, and she regularly lectures in and chairs The Advocates’ Society programs. Andrea was an adjunct professor in the University of Toronto Faculty of Law’s 2017-18 Global Professional Master of Laws program in Innovation, Law and Technology. She was also an Associate (Restricted) Graduate Faculty Member in the Graduate Department of the Faculty of Law at the University of Toronto for 2017-18.

“A tremendously capable litigator, and so meticulous and thorough. She has a strong relationship with our board and has a good strategic focus.”
Client – Chambers Canada 2022

Andrea specializes in a broad range of complex business disputes and corporate litigation. She is a trusted adviser to leading Canadian and international public and private companies, including those in the mining and telecommunications sectors. She acts for clients before all levels of court and various administrative tribunals as well as in private arbitrations and mediations. Companies navigating high-stakes multijurisdictional disputes frequently call on her to efficiently coordinate counsel and strategy across jurisdictions.

Clients value Andrea for being “a thoughtful, decisive and strategic thinker” who is “also pragmatic, keeping her eye on the end game.” (Chambers Canada 2019)

Andrea also has extensive experience in securities-related litigation and law, including securities class actions, oppression proceedings and enforcement and contested transaction matters. She is currently serving a two-year term as a part-time adjudicator for the newly formed Capital Markets Tribunal, an independent adjudicative division of the Ontario Securities Commission.

Andrea is a former Director of The Advocates’ Society, a former past chair of many of its committees and task forces, and a past President of the University of Toronto Law Alumni Association. She is a member of the Ontario Superior Court’s Commercial List Users’ Committee, a former member of the Ontario Securities Commission’s Securities Proceedings Advisory Committee and a former adjunct professor at the University of Toronto Faculty of Law.

McKesson Corporation and McKesson Canada Corporation

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.

OMERS Administration Corp and OMERS Private Equity Inc.

Acting for OMERS Administration Corp and OMERS Private Equity Inc. in a $65-million lawsuit filed by a former employee, Tim Patterson, who is alleging, among other things, breach of a long-term compensation plan and related wrongful dismissal.

Respondent

Acting for a client in connection with an Ontario Securities Commission enforcement investigation and enforcement proceeding against Solar Income Fund Inc. and various individuals. The investigation and enforcement proceeding related to multiple alleged breaches of the Securities Act in connection with an exempt market fund, including misleading investors, misrepresenting financial positions and fraud.

Hydro One Inc.

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.

A long-term shareholder of BlackBerry Limited

Acted for a long-term shareholder in BlackBerry Limited, in engaging with staff of the TSX and OSC regarding requiring shareholder approval of BlackBerry's September 2020 recapitalization. Successful in having BlackBerry provide additional public disclosure and compelling BlackBerry to amend the transaction terms.

McKesson Canada Corporation and McKesson Corporation

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.

Defendants

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.

Barrick Gold Corporation

Acting for Barrick Gold Corporation in international tort litigation in courts in the United States and the Republic of the Philippines.

Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and other defendants

Acting for Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and other defendants in this action for fraudulent and negligent misrepresentation, which is alleged to have induced the plaintiff to enter into a plan of arrangement transaction by which the plaintiff exchanged shares in a gold mining company for shares in a uranium mining company.

BTIG, LLC

Acting for BTIG, LLC in proceedings in multiple jurisdictions to recover against parties involved in securities fraud, including in proceedings designed to enforce an arbitral award and judgments in circumstances where assets have been moved off-shore and made subject to asset protection trusts.

Speaking Engagement

Co-chair, The Advocates’ Society, Summer Trial Advocacy College Program; Webcast

June 10, 2021

Speaking Engagement

Co-chair, The Advocates’ Society Fall Convention 2019, “Advocacy in Progress”; Nassau, The Bahamas; Nov. 8 & 9, 2019

Nov. 08, 2019

Speaking Engagement

Skills instructor, The Advocates’ Society Skills Certification Program: Evidence for Litigators; Toronto, ON

Oct. 16, 2019

Speaking Engagement

Speaker, Osgoode Professional Development, Business Law LLM Program, “The Board’s Role When There Are Allegations of Regulatory or Criminal Misconduct”; Toronto, ON

Apr. 24, 2019

Speaking Engagement

Chair and skills instructor, The Advocates’ Society, course, “Negotiation Strategies for Litigators”

Apr. 16, 2019

Speaking Engagement

Speaker, The Advocates’ Society, Leadership Skills for Litigators, “Building Effective Teams: Motivating and Engaging Your Team”; Toronto, ON

Mar. 29, 2019

Speaking Engagement

Co-chair, The Advocates’ Society, “Leading Your Case: Opening Statements and Examination-in-Chief”

Dec. 07, 2018

Speaking Engagement

Skills Instructor, The Advocates’ Society, Civil Litigation Skills Certificate Program, “Evidence for Litigators”; Toronto, ON

Nov. 29, 2018

Speaking Engagement

Mentor, The Advocates’ Society, Fall Forum, “The Litigator of the Future”

Oct. 19, 2018

Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial: Ontario; Litigation, Securities: Ontario

The Legal 500 Canada—Dispute Resolution: Ontario (Leading Individual)

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 100 Women in Litigation; Commercial (Litigation Star); Securities (Litigation Star)

Lexpert Special Edition: Litigation

Lexpert Special Edition: Mining

The Canadian Legal Lexpert Directory—Class Actions; Litigation: Corporate Commercial; Litigation: Securities

The Best Lawyers in Canada—Class Action Litigation; Corporate and Commercial Litigation; Securities Law

Who’s Who Legal: Canada—Commercial Litigation

University of Toronto—Arbor Award (2013)

Bar Admissions

Ontario, 1996

Education

SOAR/OsgoodePD Certificate in Adjudication for Administrative Agencies, Boards and Tribunals, 2022
University of Toronto, LLB (Honours), 1994
McGill University, BComm (Economics & Finance) (Joint Honours), 1991

Professional Affiliations

The Advocates’ Society
Society of Ontario Adjudicators and Regulators

Board Memberships

The Advocates’ Society, former director (June 2018 to June 2022)

Community Involvement

Cabbagetown Heritage Conservation District Advisory Committee, former member (2009 to 2018)
Ontario Securities Commission, Securities Proceedings Advisory Committee, former member (2017 to 2020)
Ontario Superior Court of Justice, Commercial List Users’ Committee, current member
The Advocates’ Society, Education Standing Committee, past chair (2021 to 2022)
The Advocates’ Society, Standing Committee on Advocacy and Policy, past chair (2020 to 2021)
University of Toronto Faculty of Law, Bay Street Campaign Advisory Group, former member
University of Toronto Faculty of Law, Law Alumni Association Council, former President, Vice-President and Treasurer, and Member of Council (2009 to 2021)
University of Toronto Faculty of Law, Nominations Committee for Distinguished Alumni Award and Wilson Prichard Award 2020, member
University of Toronto Faculty of Law, student mentor
Women’s White Collar Defense Association, Toronto chapter, current member

Teaching Engagements

Andrea has been a guest instructor at the Intensive Trial Advocacy Workshop at Osgoode Hall Law School’s Professional Development program, and she regularly lectures in and chairs The Advocates’ Society programs. Andrea was an adjunct professor in the University of Toronto Faculty of Law’s 2017-18 Global Professional Master of Laws program in Innovation, Law and Technology. She was also an Associate (Restricted) Graduate Faculty Member in the Graduate Department of the Faculty of Law at the University of Toronto for 2017-18.