Derek’s excellent judgment, strategic mindset and practical approach have made him a go-to litigator for many clients involved in complex commercial disputes.
Derek has been lead counsel before a variety of courts and tribunals, including the Court of Appeal for Ontario, the Ontario Securities Commission and the Competition Tribunal.
Clients frequently call on Derek to manage all aspects of their complex commercial disputes across a wide range of areas, including mining cases, securities cases, asset recovery and fraud cases, class actions, competition cases, and product liability cases. These have included numerous precedent-setting motions, trials and appeals for high-profile corporations.
Derek is a frequent author and speaker for continuing education programs relating to commercial litigation and advocacy. He is the sole representative for Toronto of ICC FraudNet, a global network of fraud and asset recovery legal specialists administered by the International Chamber of Commerce.
Derek is a long-standing member of our Toronto Student Committee and a former member of our Professional Development Committee.
Acting for TransAlta Corporation in defending an oppression action brought by Mangrove Partners, a minority shareholder. Mangrove seeks to set aside a $750-million strategic transaction entered into between TransAlta and Brookfield Renewable Partners.
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.
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.
American International Group Inc.
Acted for a subsidiary of American International Group Inc. in successfully defending a court application brought by The Walt Disney Company regarding the arbitration of a substantial insurance coverage dispute.
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.
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.
Acted for Staples, Inc. in connection with the Competition Bureau's challenge to its proposed $6.3 billion acquisition of Office Depot, Inc.
Nevsun Resources Ltd.
Acted for Nevsun Resources Limited in defending cross-border securities class actions in Canada and the United States. This litigation was resolved successfully following mediations in New York and Los Angeles.
National Energy Corporation
Acted for National Energy Corporation (operating as National Home Services) with respect to a private action before the Ontario Superior Court concerning allegations of misleading advertising contrary to the Competition Act. The claim was brought by Reliance Comfort Limited Partnership, a competitor to National and a respondent in proceedings before the Competition Tribunal in one of Canada's significant abuse of dominance cases.
Barrick Gold Corporation
Acted for Barrick Gold Corporation in defending successfully claims asserted against Barrick by Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and St. Andrew Goldfields Ltd. in respect of royalty and other agreements entered into in conjunction with the sale of a sizeable operating mine in Northern Ontario. The claims asserted against Barrick were dismissed following a highly expedited trial in the Superior Court of Ontario that was conducted in the absence of pleadings and discoveries.
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...
Not All Customers Are the Same: Top Court Rules Business Customers Cannot Join Consumer Class Action
Apr. 09, 2019 - In its recent ruling in TELUS Communications Inc. v Wellman, 2019 SCC 19 (Wellman), the Supreme Court of Canada held that business customers of TELUS that entered into mandatory arbitration agreements cannot seek relief in court by participating in a class action together with...
Speaker and Demonstrator, The Advocates’ Society, “Evidence for Litigators”; Toronto, ON
Nov. 29, 2018
Speaker, The Advocates’ Society, “Top Commercial Cases of 2017”; Toronto, ON
Mar. 07, 2018
The Meaning of “Existence”: Wrestling with “Some Basis in Fact” and Common Issues After Pro-Sys
Apr. 20, 2017 - For 15 years, the standard of proof applied on certification motions in class actions has been the “some basis in fact” standard. However, the concept of “some basis in fact” is ill-defined, easier to describe in the negative and nearly impossible to delineate with certainty. While fraught with...
In the News
Rising Stars on Video
Dec. 21, 2016 - Davies partners Jennifer Grossklaus and Derek Ricci were recently recognized as Lexpert Rising Stars: Leading Lawyers Under 40. Both earned this award for their legal talent, business acumen, major accomplishments, community participation and interpersonal skills, and for being highly respected by...
Speaker, Toronto Lawyers’ Association, “Corporate Transactions: Drafting to Minimize Litigation Risks”; Toronto, ON
Mar. 31, 2016
Speaker, The Advocates’ Society, “Top Cases in Commercial Litigation”; Toronto, ON
Mar. 01, 2016
Speaker, Ontario Bar Association, “The Protections Against Self-Incrimination in Civil and Regulatory Proceedings”; Toronto, ON
Nov. 24, 2014 - Download the presentation.
Speaker, Ontario Bar Association, “Your First Collection II Deadbeat. Dilemmas: How to Get Paid”; Toronto, ON
Nov. 19, 2008
Lexpert Rising Stars: Leading Lawyers Under 40
Benchmark Canada Awards—Emerging Talent of the Year Award (2018)
Benchmark Canada Impact Case of the Year Award (2019)—Recipient
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Commercial (Litigation Star); Securities (Litigation Star)
Lexpert Special Edition: Mining
Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers
Telfer School of Management—Young Achievers Award (2019)
The Legal 500 Canada—Dispute Resolution: Ontario (Next Generation Lawyer), 2018
The Canadian Legal Lexpert Directory—Litigation: Securities
Who’s Who Legal: Litigation—Future Leaders
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)