Carlos acts for clients in a variety of litigation and arbitration proceedings, including class actions, contract disputes and securities law disputes. He is developing a broad litigation practice.
As a former competitive swimmer who represented Canada at the World Aquatics Championships and Commonwealth Games, Carlos has an interest in sports law. He has appeared before the International Court of Arbitration for Sport and was a team ombudsperson for Canada at the 2016 Olympic Games in Rio de Janeiro.
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.
World Anti-Doping Agency
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.
Successfully represented Dutee Chand, an Indian-born sprinter, in a landmark international sports ruling suspending the operation of the International Association Athletic Federation's Hyperandrogenism Regulation, which screens female athletes on the basis of their natural testosterone levels.
International Paralympic Committee (IPC)
Successfully represented the International Paralympic Committee (IPC) before the Court of Arbitration for Sport in upholding the decision of the IPC to exclude the Russian Paralympic Committee from the 2016 Paralympic Games in Rio.
Detour Gold Corporation
Acted for Detour Gold Corporation in a securities class action involving alleged breaches of the public disclosure requirements of the Securities Act (Ontario) in relation to the company's production and cost guidance during the ramp-up of the Detour Lake Mine, and to details of one of the company's credit agreements.
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.
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.
Acting for Rogers Communications Inc. in connection with numerous multi-billion dollar class action proceedings across Canada to recover "system access fees" charged to consumers by wireless service providers in Canada in the period since 1987. These are some of the largest class actions in Canadian history and have given rise to numerous trial level and appellate decisions in favour of Rogers in various provinces in Canada, including Saskatchewan, Manitoba, Québec, Nova Scotia, Alberta and British Columbia.
Egale Canada Human Rights Trust Inc.
Acted for Egale Canada, Canada's only national non-profit organization devoted to the promotion of lesbian, gay, bisexual, and transgender rights, in an action before the Québec Superior Court to invalidate eleven provisions of the Civil Code of Québec that discriminate against trans and intersex individuals and their children.
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.
In the News
Jim Bunting and Carlos Sayao Speak About Landmark Ruling Against Caster Semenya
May 02, 2019 - Jim Bunting and Carlos Sayao, who represented Olympic champion Caster Semenya, spoke to various media outlets this week about the landmark judgment of the Court of Arbitration for Sport, which will mean that Semenya – who has naturally elevated testosterone levels – must take medication to lower her...
Getting It Wright: The Detour Gold Standard of Expert Independence
Feb. 08, 2017 - In rejecting a motion by the plaintiffs for production of drafts of an expert report, the Ontario Superior Court of Justice’s recent decision in Wright v. Detour Gold Corp. endorses the Court of Appeal’s guidance regarding counsel’s dealings with expert witnesses as articulated in...
In the News
Groundbreaking Victory for Sprinter Dutee Chand Garners International Media Attention
July 29, 2015 - News outlets around the world have been reporting on the precedent-setting decision by the Court of Arbitration for Sport (CAS) allowing Indian sprinter Dutee Chand to compete. Ms. Chand had been barred from competition because sports officials had deemed her natural testosterone levels too high. ...
Historic Ruling Declares Dutee Chand, Female Sprinter, Eligible to Compete
July 27, 2015 - In a precedent-setting decision, the Court of Arbitration for Sport (CAS) has ruled that Dutee Chand, a 19-year-old Indian sprinter, is immediately and unconditionally eligible to compete after being barred from competition because sports officials had deemed her natural testosterone levels too...