Andrew is known for his excellent analytical skills and sound judgment. He acts for clients in a variety of complex commercial disputes.
Andrew assists clients on contract disputes, insider trading issues, misleading advertising, wrongful dismissal, defamation, oppression and problem gambling. He works with Crown agencies as well as public and private companies in a variety of sectors, including telecommunications and mining. He has appeared at all levels of court in Ontario, as well as before the Ontario Securities Commission.
Andrew’s expertise in e-discovery software and technology is an asset for clients, enabling him to maintain efficiency in cases with thousands of potentially relevant documents.
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.
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.
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.
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.
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.
Benchmark Canada Impact Case of the Year Award (2017, 2019)—Recipient
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)