“An extremely capable commercial litigator, a good cross-examiner and highly knowledgeable. She is succinct, persuasive and good on her feet.” (Client – Chambers Global 2015)
Andrea specializes in a broad range of business disputes and corporate litigation, including shareholder, contractual, environmental and insolvency matters. She regularly advises on enforcement and contested transaction matters before the Ontario Securities Commission and represents clients in securities class actions.
Over her more than 20-year career, Andrea has earned the trust of leading Canadian and international companies – both public and private – and has acted as counsel for large mining and telecommunications companies. She appears at all levels of court and acts in private arbitrations and mediations. Companies navigating high-stakes multijurisdictional disputes turn to Andrea for efficient coordination of counsel and strategy across a number of jurisdictions.
Andrea volunteers on the Cabbagetown Heritage Conservation District Advisory Committee. She is Vice-President of the University of Toronto Law Alumni Association Council. She is also a member of the Ontario Securities Commission’s Securities Proceedings Advisory Committee and an adjunct professor at the University of Toronto Faculty of Law.
Newmont Mining Corporation and other defendants
Acting for Newmont Mining 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.
Audit Committee of a public company
Acting for the audit committee of a public company in connection with an external investigation into employee malfeasance and company controls issues in relation to fraudulent inventory record-keeping.
Shaw Communications Inc.
Acted successfully for Shaw Communications Inc. In the Matter of an Application by The Catalyst Capital Group Inc., the first case in which the Ontario Securities Commission has denied standing to a party to commence an application under the "public interest" jurisdiction of the Ontario Securities Act.
Samsung Renewable Energy Inc. and Pattern Renewable Holdings Canada ULC
Represented wind power developers (Samsung Renewable Energy Inc. and Pattern Renewable Holdings Canada ULC) in an appeal before the Environmental Review Tribunal.
Acting for a significant Canadian corporation in achieving an early and successful confidential resolution of personal claims against one of its senior executives.
Canadian Real Estate Association
Acted successfully for the Canadian Real Estate Association before the Competition Tribunal in a 2014 motion against the Commissioner of Competition to resolve a dispute with respect to the interpretation of a consent agreement and CREA's implementation of policies regarding the display of seller contact information and references to private sales.
Caribbean Securities Exchange Commission
Advised a Caribbean securities exchange commission on the conduct of a securities enforcement investigation and assisted with the conduct of the investigation.
Barrick Gold Corporation
Acting for Barrick Gold Corporation in international tort litigation in courts in the United States and the Republic of the Philippines.
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.
JANA Partners LLC
Acted for JANA Partners LLC in connection with its proxy campaign with respect to Agrium Inc. at the company's 2013 annual general meeting.
Speaker, The Advocates’ Society 7th Annual Securities Symposium: “Limited Waiver of Privilege and Limiting the Scope of Any waiver of Privilege in OSC Investigations and Enforcement Proceedings”
Sept. 11, 2017
Guest Lecturer, Osgoode Hall Law School, Osgoode Professional Development Business Law LLM, Boards of Directors course: “The Board’s Role When There are Allegations of Regulatory or Criminal Misconduct”
Sept. 07, 2017
When the OSC Comes Knocking
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 article...
Co-chair, The Advocates’ Society, Privilege: A Litigator’s Guide, “Navigating Solicitor‐Client and Litigation Privilege”
June 20, 2017
The Other Shoe Drops: The Private Right of Action Under CASL
Apr. 26, 2017 - The bulk of Canada’s anti-spam law, known colloquially as CASL, came into force on July 1, 2014. CASL sets out strict rules for a variety of online behaviours and is considered the strictest anti-spam law in the world, providing for administrative monetary penalties (AMPs) of up to $1 million for...
Speaker, The Advocates’ Society, course, “Preparing Winning Court Documents”
Mar. 23, 2017
Speaker, The Advocates’ Society, “Understanding Financial Statements”
June 03, 2016
Co-chair and skills instructor, The Advocates’ Society, course, “Negotiation Strategies for Litigators”
Apr. 25, 2016
Speaker, The Advocates’ Society, “2016 Courthouse Series: Discovery Skills Win at Trial”
Feb. 23, 2016
Blowing the Whistle on the Whistleblower Program
May 08, 2015 - Davies has submitted a letter to the Ontario Securities Commission (OSC) commenting on Staff’s framework for a proposed Whistleblower Program. The Whistleblower Program would be the first of its kind for Canadian securities regulators and only the second whistleblower program in Canada to offer a...
Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial: Ontario
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—General Commercial (Litigation Star); Securities (Litigation Star)
Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers
The Canadian Legal Lexpert Directory—Litigation: Corporate Commercial
The Best Lawyers in Canada—Corporate and Commercial Litigation
University of Toronto—Arbor Award (2013)