Andrew is a highly regarded litigator with a proven record of success in high-stakes, precedent-setting commercial litigation.
Andrew has acted in a wide variety of public and private sectors, including the telecommunications, mining and financial industries. His pragmatism and attentiveness have enabled him to form strong connections with clients, who value his excellent analytical skills and sound judgment.
Drawing on his broad legal knowledge, Andrew has successfully represented clients in complex cases involving allegations of breach of contract, oppression, insider trading, misleading advertising, negligence, breach of confidence, defamation and conspiracy.
Andrew is a member of the firm's Professional Development committee and frequently acts as an informal and formal mentor to associates and students-at-law.
OMERS Administration Corp and OMERS Private Equity Inc.
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.
Moez Kassam and Anson
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.
Hostess Brands LLC
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.
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.
Vale Canada Limited
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.
West Face Capital Inc.
Acted for West Face Capital Inc. in defending successfully claims asserted against it by The Catalyst Capital Inc. for more than $500 million arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. at a profit of approximately $1.3 billion. Every claim asserted by Catalyst against West Face was dismissed by Justice Newbould of the Superior Court of Ontario in August 2016, following the conclusion of a closely watched trial in the Commercial List. In February 2018, the Ontario Court of Appeal dismissed from the bench Catalyst's appeal from the decision of Justice Newbould.
West Face Capital Inc.
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.
WIND Mobile Corp. and its shareholders
Acted for WIND Mobile Corp. (WIND) and its shareholders, including West Face Capital, in connection with the sale of WIND to Shaw Communications Inc. for approximately $1.6 billion.
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.
Maple Leaf Foods Inc.
Acted for Maple Leaf Foods Inc. in connection with its defence to a claim by its former food broker for reasonable notice of termination and breach of contract.
Acted for Bruce Walter, a senior Canadian mining executive, in defending successfully enforcement proceedings brought against him by Staff of the Ontario Securities Commission in connection with a takeover bid for a public mining company. Every allegation made against Mr. Walter was rejected by the Ontario Securities Commission following a lengthy trial.
Rogers Communications Inc.
Acted for Rogers Communications Inc. in connection with its successful defence in closely watched misleading advertising proceedings in the Ontario Superior Court brought by the Commissioner of Competition. The case concerned comparative performance-based advertising used by Rogers in connection with its launch in 2010 of Rogers' Chatr brand. This case gave rise to a lengthy trial fought over many weeks, and involved complex expert evidence concerning the testing and operation of wireless networks as well as constitutional challenges to the misleading advertising provisions of the Competition Act.
InnVest Real Estate Investment Trust
Acted for InnVest Real Estate Investment Trust in connection with a number of disputes relating to the management of a hotel.
Attorney for personal care
Acted for an attorney for personal care in a family dispute in successfully defending her right to continue acting as attorney for personal care in an application for the Court appointment of a substitute guardian of the person under Ontario's Substitute Decisions Act, 1992.
Acted in arbitration proceedings for a well-known retail franchisor in successfully defending against a claim brought by a franchisee for breach of contract and breach of the duty of good faith and fair dealing.
Ontario Lottery and Gaming Corporation
Acted for the Ontario Lottery and Gaming Corporation in connection with a negligence claim brought by an alleged compulsive gambler.
Acted for a private company in connection with its claim for conversion, unjust enrichment, and/or breach of fiduciary duty against a former director and officer.
Rogers Communications Inc.
Acted for Rogers Communications Inc. in obtaining summary judgment dismissing Allarco Entertainment's claim against Rogers for more than $100 million in damages for alleged breach of contract, negligence, breach of fiduciary duty and intentional interference with economic relations.
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 Association1 (Pointes Protection) and Hansman v Neufeld2 (Neufeld), has issued its much-anticipated...
Canada’s Top Court Confirms Anti-SLAPP Motions Protect Speakers, Not Plaintiffs
May 25, 2023 - The Supreme Court of Canada, in commenting on anti-SLAPP1 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...
The Advocates’ Society, Evidence for Litigators, “Common Evidentiary Pitfalls and How to Avoid Them”; Webcast
Oct. 26, 2022
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...
Benchmark Canada Impact Case of the Year Award (2017, 2019)—Recipient
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Future Star; 40 and Under List
Lexpert Special Edition: Litigation
The Best Lawyers in Canada—Corporate and Commercial Litigation
Chambers Canada Award—Litigation Firm of the Year (2018)
Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial Department: Ontario (Band 1 for firm)