Legion Partners Asset Management

Acted for U.S. activist shareholder Legion Partners Asset Management in connection with its campaign for operational change and board seats on the board of Primo Water Corporation, a TSX-NYSE listed pure-play water solutions provider in North America and Europe. Legion’s campaign included the commencement by Legion of an oppression Application in the Superior Court of Ontario concerning the legality of Primo’s Advance Notice By-Laws. It culminated in an agreement to appoint two Legion nominees to the Primo board and Primo agreeing to adopt certain corporate governance enhancements, including changes to its advance notice bylaw provisions.

Continental Casualty Company

Successfully defended Continental Casualty Company (CNA) in the Ontario Superior Court of Justice in a class action in which billions of dollars of claims were asserted by or on behalf of thousands of businesses throughout Canada for business interruption coverage arising from the COVID-19 pandemic. This matter was decided by Justice Penny of the Commercial List in early June 2023 in favour of CNA and other insurers following a multi-week common issues trial. This is the first case to determine authoritatively at trial in Canada that the SARS-CoV-2 virus does not cause “physical loss or damage to property”, and that mere loss of use of property resulting from the COVID-19 pandemic does not trigger coverage under ordinary commercial property insurance policies.

Gotham Green Partners, LLC

Acting as counsel to Gotham Green Partners, LLC in defence of a petition seeking to unwind the debt restructuring transaction of iAnthus Capital Holdings Inc.

SK hynix Inc. and SK hynix America Inc.

Successfully represented SK hynix Inc. and SK hynix America Inc. in their defence of multiple class actions across Canada alleging anticompetitive conduct in respect of the sale of dynamic random-access memory (DRAM) chips, including with respect to cross-border issues arising out of parallel U.S. class actions. Davies successfully defeated certification in the Québec Superior Court, the Quebec Court of Appeal, the Federal Court of Canada and the Federal Court of Appeal, a result that is rarely seen in competition class actions.

Gotham Green Partners, LLC

Acted for Gotham Green Partners, LLC in a successful application by the Gotham lenders to compel the enforcement of a restructuring and support agreement concerning the recapitalization of iAnthus Capital Holdings.

Saline Investments Ltd.

Acting for Saline Investments Ltd. in enforcement proceedings commenced by the Ontario Securities Commission alleging violations of the Securities Act (Ontario) in respect of certain short selling and securities lending transactions.

Apotex Inc.

Acting for Apotex Inc. and related entities in defending a class action commenced in the Federal Court of Canada alleging anti-competitive conduct regarding the sale of generic drugs in Canada.

Canadian Chamber of Commerce

Acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning the applicability of arbitration clauses to class actions in Ontario.

Denso Corporation

Acting for Denso Corporation (and related entities) in its defence of dozens of class actions commenced across Canada alleging anti-competitive conduct in respect of the sale of various automotive parts, including contested certification proceedings and with respect to cross-border issues arising out of parallel U.S. class actions.

Delta Air Lines

Acting for Delta Air Lines in a class action alleging failure to offer refunds for all air carrier services that were cancelled after March 1, 2020, as a result of the COVID-19 pandemic.

Estate Trustees of Barry Sherman and Honey Sherman

Acted as counsel to Estate Trustees of Barry and Honey Sherman in proceedings against the Toronto Star involving a request to unseal court files concerning the Shermans’ Estates. The precedent-setting decision by the Supreme Court of Canada in this case created new and important law concerning privacy and court openness.

KSV Kofman Inc. (now known as KSV Restructuring Inc.)

Acted for KSV Kofman Inc. (now known as KSV Restructuring Inc.), as monitor for the Urbancorp Group of Companies, in an appeal concerning whether a certain transaction was a fraudulent conveyance or otherwise voidable by the monitor in connection with Urbancorp's CCAA proceedings.

Respondent

Acted for a client in 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 (Ontario) in connection with an exempt market fund, including misleading investors, misrepresenting financial positions and fraud.

Morgan Stanley Canada Limited

Acted for Morgan Stanley Canada Limited in a class action instituted against 12 global banks based on an alleged conspiracy to artificially fix foreign currency exchange rates.

Ontario Lottery and Gaming Corporation

Successfully acted for the Ontario Lottery and Gaming Corporation in a judicial review application brought by the City of Niagara and the Region of Niagara Falls concerning the selection process for an operator of the Niagara gaming bundle.

Delta Air Lines

Acting for Delta Air Lines in defending a multi-billion dollar proposed class action alleging a conspiracy to constrain the capacity of the passenger airline industry in North America.

Giant Tiger Stores Limited

Acting for Giant Tiger Stores Limited in its defence of multiple class proceedings commenced across Canada (including Ontario, British Columbia, Saskatchewan, Alberta, Manitoba, Québec and the Federal Court) relating to alleged price-fixing of commercial bread products in Canada at the wholesale and retail levels.

Kawasaki Motors Corporation, USA

Acted for Kawasaki Motors Corporation, USA in its defence of class actions commenced in Canada alleging price-fixing and misleading advertising in respect of the sale by others of lawn mowers in Canada.

HudBay Minerals

Acted for HudBay Minerals Inc. in a large, complex international arbitration in Lima, Peru arising out of the construction of the Constancia Mine.

Ontario Lottery and Gaming Corporation

Acting for the Ontario Lottery and Gaming Corporation (OLG) defending allegations that OLG owes a duty of care to prevent "problem gamblers" from gambling in OLG's commercial casinos.

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.

Beijing Matsushita Color CRT Company, Ltd.

Acted for Beijing Matsushita Color CRT Company, Ltd. in defence of class actions commenced in Canada alleging price-fixing in respect of the sales of cathode ray tubes.

Robert Schad and Athena Automation Limited

Acted for Robert Schad and Athena Automation Limited in successfully defending claims for damages and injunctive relief arising from alleged misuse of confidential information and breaches of non-compete and non-solicitation obligations.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited and certain of its current and former officers and directors in their defence of a multi-jurisdictional class action alleging that the company's public disclosure was false and misleading contrary to Part XXIII.1 of the Ontario Securities Act.

Zimmer Biomet Holdings, Inc.

Acting for Zimmer Biomet Holdings, Inc. in defending class action proceedings in the Superior Court of Ontario concerning alleged defects in Biomet's metal-on-metal hip replacement and resurfacing devices.

Whirlpool

Acted for Whirlpool in defence of class actions commenced in Canada alleging price-fixing in respect of the sales of compressors.

Jack Burke

Successfully represented Canadian cyclist Jack Burke before the International Court of Arbitration for Sport in establishing that Jack had no fault for his ingestion of HCTZ. The decision is one of the first findings of "no fault" rendered by the Court.

Chi Mei Optoelectronics

Acted for Chi Mei Optoelectronics in its defence of multiple class actions commenced across Canada alleging price fixing in respect of the sales of LCD panels, including with respect to cross-border issues arising out of parallel U.S. class actions.

Canadian Chamber of Commerce

Acted for the Canadian Chamber of Commerce in its intervention before the Supreme Court of Canada in the Sun-Rype Products Ltd. v. Archer Daniels Midland Company class action appeal. The decision in the Sun-Rype case, together with its two companion appeals, is one of the most important developments in the evolution of competition class actions in Canada.

Confidential Client

Acted for a national-level athlete in connection with the mediation of a dispute with the national team's coach and the sport's Canadian regulatory body.

The Long Arm of Canadian Securities Laws: The Supreme Court of Canada Confirms the Cross-Border Reach of Securities Enforcement

Dec. 13, 2023 - In its recent decision, Sharp v Autorité des marchés financiers, the Supreme Court of Canada (SCC) upheld the jurisdiction of Québec’s Financial Markets Administrative Tribunal (FMAT)—a specialized provincial securities tribunal—over out-of-province defendants. The majority (7-1) found...

OsgoodePD’s National Annual Symposium, “Canadian Contract Law: Essential Updates and Practical Analysis 2023”; Toronto, ON

Dec. 06, 2023

Law Society of Ontario, Settlements: A Guide for Litigators Program, “Complex Situations & Types of Settlements”; Toronto, ON

Nov. 17, 2023

Program Co-Chair, The Advocates’ Society, Evidence for Litigators; Webcast

Oct. 24, 2023

Class Actions in Canada: Cases, Notes, and Materials, co-author

Aug. 15, 2023 - Emond Publishing, 3rd edition 
Available for purchase.

The Advocates’ Society, Technology for Litigators, “The Keys to Virtual Advocacy”; Webcast

June 13, 2023

Québec Court Tackles Novel Issues During Approval of the Second Remediation Agreement (a.k.a. Deferred Prosecution Agreement) Under the Canadian Criminal Code

May 23, 2023 - The Superior Court of Québec recently published its reasons¹ approving Canada’s second remediation agreement under the Criminal Code, Canada’s version of a deferred prosecution agreement (DPA). In his reasons, Justice Marc David expanded on the principles applicable to Canada’s...

Program co-chair and speaker, Law Society of Ontario, White Collar Crime Update for Litigators, “Alternative Measures Essentials: A Fireside Chat with the Prosecution”; Toronto, ON

May 09, 2023

Program Co-Chair, The Advocates’ Society, Evidence for Litigators; Webcast

Oct. 26, 2022

Moderator, Canadian Bar Association, Competition Law Fall Conference, “The Evolution of Competition Class Actions”; Ottawa, ON; Oct. 20 & 21

Oct. 21, 2022

Moderator, Northwind Professional Institute, Northwind’s 5th Annual Class Actions Invitational Forum, “Strategic Considerations in Successfully Defending Competition Class Actions”; Cambridge, ON; Sept. 29 & 30

Sept. 29, 2022

No Need to Disclose “Unsolicited, Inexpert, Premature and Unreliable” Opinions

Aug. 16, 2022 - Overview The Court of Appeal for Ontario has confirmed that a public company acted properly and lawfully when it decided not to disclose to the investing public an opinion received from an external consultant that questioned the economic viability of the company’s main asset, in circumstances...

The Advocates' Society, Cybersecurity and Privacy for Litigators, “Confidentiality Issues”; Webcast

July 05, 2022

The Advocates’ Society, Technology for Litigators, “The Keys to Virtual Advocacy”; Webcast

June 14, 2022

Law Society of Ontario, Our Civil Justice System: Pandemic Lessons and Forward Thinking, “The Broader Impact Of The Pandemic Era On Our Justice System: Creating Meaningful Change”; Webcast

June 06, 2022

Osgoode Professional Development, Shareholder Disputes and the Closely-Held Company 2022: Rights and Remedies For Litigators and Corporate Advisors, “Corporate Governance Considerations in Shareholder Disputes”; Webcast

Apr. 28, 2022

The Advocates’ Society, Spring Symposium 2022: Evolution and Adaptation, “The Year in Review: Key Cases in 2021”; Toronto, ON

Apr. 27, 2022

The Advocates' Society, Building Block Series: Motions Advocacy, “So You Decided to Move: Developing the Record”; Webcast

Apr. 05, 2022

If It Ain’t Broke… Davies Comments on Draft Capital Markets Act

Feb. 25, 2022 - Davies has submitted a comprehensive comment letter on a new Capital Markets Act (CMA) proposed by the Ontario Ministry of Finance, on the recommendation of the Capital Markets Modernization Taskforce, to replace the Ontario Securities Act. Although some modifications to Ontario...

Osgoode Professional Development, The 2022 Civil Litigator’s Survival Guide to Evidence, “Advice from the Bench: Evidence and the Trial”; Webcast

Jan. 21, 2022

The Canadian Institute, 28th Annual Advertising & Marketing Law Conference, “Case Study on Advertising in Highly Regulated Markets: Marketing Cannabis in Canada”; Webcast

Jan. 18, 2022

COVID-19 and the Courts: What You Need to Know

Dec. 22, 2021 - Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities and easing restrictions, then scaling back services and reintroducing...

Ontario Bar Association, Ontario eDiscovery Institute, “Client Management – Advising your Client through the eDiscovery Process”; Webcast

Nov. 22, 2021

Interview, CBC News: Hourly Edition with Philip Lee-Shanok, “Virtual Courtrooms”; Radio

Nov. 06, 2021

Appeal Allowed – MDS Inc. v. Factory Mutual Insurance Company: Ambiguity in Insurance Contracts and the Meaning of “Physical Damage”, co-author

Oct. 29, 2021 - Toronto Law Journal, October Edition (Toronto Lawyers Association)
Read the article.

The Journalistic Sources Protection Act: How Does the Scheme of New Law Influence Search Warrant Authorization?

July 13, 2021 - In the recent decision in R v Laffont,¹ the Court of Québec (CQ) quashed a number of search warrants on the basis that they had been improperly authorized under the general Criminal Code² regime instead of under the specific regime introduced by the...

Women in eDiscovery, Virtual Trials and Tribulations, “Mastering the Art of Electronic Hearings”; Webcast

June 23, 2021

American Bar Association, The First Annual International Litigation Skills Conference, “From the Beginning: Serving the Complaint Internationally; Introduction to Hague Convention for Service of Process”; Webcast

May 26, 2021

Law Society of Ontario, “A Litigator’s Guide to Electronic/Virtual Practice”; Webcast

May 03, 2021

The Advocates’ Society, Virtual Roadmap: Help Judges Help You. “Trial Demonstration & Commentary”; Webcast

Apr. 23, 2021

The Advocates’ Society, Digital Evidence for Litigators, “Gathering and Preserving Digital Evidence”; “Demonstration and Commentary: Admitting and Challenging Social Media Evidence at Trial”; Webcast

Mar. 10, 2021

(Un)Fettered Contractual Rights and Discretion

Mar. 03, 2021 - How can the exercise of seemingly unfettered contractual rights and discretionary powers ever constitute a breach of contract if exercising such a power (even opportunistically) is merely doing what the other party agreed it could do? Two recent companion decisions of the Supreme Court of Canada...

Co-chair, Law Society of Ontario, Class Actions: Update for Litigators 2021; Webcast

Jan. 22, 2021

The Advocates’ Society, A Litigator’s Guide to Case Preparation, “Preparing your Case in a Digital Age”; Webcast

Dec. 09, 2020

Ontario Bar Association, 12th Annual Class Actions Colloquium: Litigating Class Actions Claims Amidst Profound Change, “Litigating in 2025”; Webcast

Dec. 02, 2020

Ontario Bar Association, Ontario Digital Evidence & eDiscovery Institute, “eHearings”; Webcast

Nov. 25, 2020

Ontario Bar Association, OBA Real Property and Civil Litigation Lawyers Program, “Remote Commissioning – What You Need to Know”; Webcast

Aug. 17, 2020

Ontario Bar Association, OBA Class Actions Program, “The New World of Ontario Class Actions: A Roundtable”; Webcast

Aug. 11, 2020

Canada’s Top Court Invalidates Uber’s Arbitration Clauses and Clarifies the Doctrine of Unconscionability

July 03, 2020 - The Supreme Court of Canada has released its highly anticipated decision in Uber Technologies Inc. v David Heller (Uber), ruling that a proposed class action on behalf of Uber drivers can proceed despite an arbitration clause contained in the standard form agreement between drivers and...

Moderator, American Bar Association, “Life After Godfrey: The New Ground Rules for Competition Class Actions in Canada”; Toronto, ON

Apr. 01, 2020

The Law Society of Ontario, Our Civil Justice System: Envisioning Innovation and Change, “Professionalism - The Roles of the Courts and Counsel in Advocacy (How You Can Affect Change)”; Toronto, ON

Feb. 25, 2020

Litigating in the Post-Godfrey World: What You Need to Know About the New Ground Rules for Competition Class Actions in Canada, co-author

Feb. 18, 2020 - The Antitrust Source (American Bar Association)

Ontario Bar Association, Litigation in the Digital Age: A Guide to the Paperless Practice, “How to Prepare For and Conduct Digital Hearings”; Toronto, ON

Feb. 06, 2020

Top Court Expands Scope of Potential Liability in Price-Fixing Class Actions

Sept. 24, 2019 - The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer...

Canadian Corruption of Foreign Public Officials Act: Two Additional Convictions in the Cryptometrics Saga

Mar. 27, 2019 - Two individuals were recently sentenced to 30 months’ imprisonment after being convicted of agreeing to bribe a foreign public official, under the Canadian Corruption of Foreign Public Officials Act (Act).¹ These are the second and third convictions under the Act following a...

Canadian Bar Association, Competition Law Section, “Managing The Civil and Criminal Aspects of A Cartel File”; Toronto, ON

Mar. 07, 2019

Co-chair, Ontario Bar Association, Young Lawyers Division Program, “Your First Civil Trial”; Toronto, ON

Mar. 01, 2019

Welsh v. Ontario: Regaining Predictability in the Settlement and Fee Approval Process, but at What Cost?, co-author

Feb. 25, 2019 - Ontario Bar Association
Read this article.

Co-chair and moderator, Law Society of Ontario, Class Actions Update; Toronto, ON

Nov. 08, 2018

Canadian Bar Association, Competition Law Fall Conference, “Is That a Conspiracy?”; Ottawa, ON

Sept. 27, 2018

Chantelle Cseh Speaks to Law Times About Interaction Between Arbitration Clauses and Class Actions

Aug. 28, 2018 - In an article published recently in Law Times, Davies partner Chantelle Cseh speaks about the enforceability of arbitration clauses in class actions involving two types of claimants. The Ontario Court of Appeal in Wellman v Telus Communications Company had refused to grant a...

Moderator, Northwind Professional Institute, 2018 Class Actions Invitational Forum, “Emerging Issues”; Cambridge, ON

June 12, 2018

Warning to Public Companies: Just Because You’re Right Doesn’t Mean It’s Not a Misrepresentation

May 31, 2018 - In a decision that will surprise public company executives and advisers, an Ontario court held that a public company that declined to disclose a consultant’s opinion because it honestly believed the consultant was wrong – and the company later turned out to be correct – might nonetheless be liable...

Law Society of Ontario, Social Media and Litigation, “Obtaining Social Media Evidence – Practical and Ethical Considerations”; Toronto, ON

May 08, 2018

Chantelle Cseh Speaks About iPad Trials at OBA’s 2018 Institute

Mar. 01, 2018 - At the Ontario Bar Association’s Institute 2018 earlier this month, Davies partner Chantelle Cseh spoke on a panel titled “The Courts: Moving Towards a Paperless World. ” The panel also included Justice David Brown from the Court of Appeal for Ontario and Christopher Johns, executive director in...

Ontario Bar Association, Keeping Up with the Times: How to Survive and Thrive in the Age of Digital Litigation, “The Courts: Moving Towards a Paperless World”; Toronto, ON

Feb. 06, 2018

The Law Society of Upper Canada, Civil Appeals: The Year in Review, “Limitation Periods Update”

Dec. 12, 2017

Chair and moderator, The Law Society of Upper Canada, Advocacy Workshop for Paralegals

Nov. 30, 2017

The Advocates’ Society, Criminal Electronic Trials, “Technology Update: The Current State of Technology in Criminal Trials”

Nov. 25, 2017

The Law Society of Upper Canada, Conducting a Paperless Hearing in Family Law, “The iPad Lawyer”

Nov. 08, 2017

The Institute of Law Clerks of Ontario, Advanced Litigation Program for Law Clerks, “Trial by iPad – Part 2”

Oct. 04, 2017

Chantelle Spagnola Discusses Paperless Investigations

June 27, 2017 - Davies lawyer Chantelle Spagnola was quoted in a Law Times article discussing the Law Society of Upper Canada’s (LSUC’s) efforts to develop and implement digital tools as part of its initiative to make investigative and disciplinary procedures paperless. Having conducted completely...

Canadian Bar Association, Competition Law Section, Corporate Counsel and Compliance Committee, “Competition Litigation: Trends and Tactics”

Mar. 07, 2017

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...

Chair and faculty member, The Law Society of Upper Canada, seminar, “‘Tech-know-logy’ for Litigators: Paperless Trials and Client File Security”

Oct. 13, 2016

A Paperless Courtroom: Embracing the Use of Electronic Trials

Sept. 23, 2016 - In this article, James Bunting, Chantelle Spagnola and Anisah Hassan discuss a number of innovative practices that were adopted by the parties and the court in the Husky v. Schad trial heard in the Ontario Superior Court (Commercial List) in late 2015 and show how the adoption of those...

The Journal Conversation: Sheila R. Block, LSM, ASM

Sept. 23, 2016 - This is an edited version of the Young Advocates’ Standing Committee’s “Fireside Chat on Advocacy” at Campbell House on April 11, 2016. Download this article.

The Advocates’ Society, 6th Annual Securities Symposium, “Cutting Edge Issues and Practice Tips in Secondary Market Class Actions”

Sept. 12, 2016

The Advocates’ Society, a special litigation presentation, “Electronic Trials, ‘Trial by iPad’”

June 23, 2016

Interviewer, The Young Advocates’ Standing Committee, Fireside Chat on Advocacy Series, Interview of Sheila Block (together with Stephen Grant)

Apr. 11, 2016

Flip Your Wig for Justice Champions James Bunting and Chantelle Spagnola Discuss Their Pro Bono Work

Mar. 02, 2016 - Davies partner James Bunting and associate Chantelle Spagnola talk about their pro bono work in sports-related disputes to promote Flip Your Wig for Justice, a campaign to support access to justice in Ontario. In an interview in the Flip Your Wig insert in Law Times, Jim and Chantelle...

The Commons Institute, Advanced Sessions on Class Actions, “Optimizing the Use of Expert Evidence at Certification”

Jan. 29, 2016

ELSA, 2015 Annual Conference, “Full Court Press: Sports Litigation and Athlete Suspension Appeals”

Feb. 27, 2015

The Commons Institute, 240 Minutes on Cross-Border Litigation Strategies, “Defending Cross-Border Class Actions ‒ Notable Considerations”

Feb. 19, 2015 - Download the presentation.

Private Litigation in Canadian Competition Law

Dec. 31, 2013 - Bullen & Leake & Jacob's Canadian Precedents of Pleadings, 2d ed., (Toronto: Carswell)