Derek D. Ricci

Partner

Derek D. Ricci

Derek D. Ricci

Partner

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.

Derek D. Ricci

Partner

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.

TransAlta Corporation

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.

Staples, Inc.

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.

Stingray Group Inc.

Acted for Stingray Group Inc. in a $50-million claim against its franchisor in a fast-tracked action before the Commercial List of the Ontario Superior Court of Justice.

Sears Canada Inc.

Acted for Sears Canada Inc. in defending claims for approximately $100 million asserted against it by Canadian Premier Life Insurance Company arising from the termination of arrangements between the parties. This case was settled on the eve of trial in the Supreme Court of Ontario.

Syndicate of underwriters

Acted for a syndicate of underwriters in defending a securities class action in the Superior Court of Ontario arising from the IPO of Zungui Haixi Corporation, a China-based issuer.

Ontario Lottery and Gaming Corporation

Acted successfully for Ontario Lottery and Gaming Corporation and the operators of Fallsview Casino in obtaining summary judgment dismissing a $14 million claim alleging irregularities with the roulette gaming at Fallsview Casino.

Domino's Pizza of Canada Ltd.

Acting for Domino's Pizza of Canada Ltd. in connection with various matters, including a precedent setting motion concerning discovery rights.

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.

MI Developments, Inc.

Acted for MI Developments, Inc. (MID) in its successful defence of applications made by minority shareholders of MID to the Ontario Securities Commission by seeking orders denying MID the use of various securities law exemptions and seeking to require MID to obtain minority shareholder approval before proceeding with proposed related party transactions with Magna Entertainment Corp.

Eugene Melnyk

Acted for Eugene Melnyk, the founder of Biovail and the owner of the Ottawa Senators, in defending enforcement proceedings before the Ontario Securities Commission arising from an "earnings warning" issued by Biovail in 2003. This case resulted in a lengthy trial before the OSC, following which many of the allegations made against Mr. Melnyk were dismissed.

Pioneer Metals Corporation

Acted in the successful representation of Pioneer Metals Corporation (a wholly owned subsidiary of Barrick Gold Corporation) in connection with a dispute over a multi-billion dollar mining project at Galore Creek, one of the largest undeveloped copper-gold-silver projects in North America.

MI Developments Inc.

Acted for a subsidiary of Magna International Inc. in defending successfully a precedent-setting oppression application brought against it before the Ontario Superior Court by Greenlight Capital Corporation and its founder, David Einhorn. Magna prevailed at trial, as well as on appeal in the Divisional Court of Ontario and Ontario Court of Appeal.

Xstrata plc

Acted for Xstrata plc in its unsolicited takeover bid for Falconbridge Ltd. valuing Falconbridge at $24.1 billion. At the time of announcement, this transaction was the largest unsolicited takeover bid ever made in the global mining sector and its successful completion made Xstrata the world's fifth-largest mining company.

Bulletin

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...

Speaking Engagement

Speaker and Demonstrator, The Advocates’ Society, “Evidence for Litigators”; Toronto, ON

Nov. 29, 2018

Speaking Engagement

Speaker, The Advocates’ Society, “Top Commercial Cases of 2017”; Toronto, ON

Mar. 07, 2018

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...

Speaking Engagement

Speaker, Toronto Lawyers’ Association, “Corporate Transactions: Drafting to Minimize Litigation Risks”; Toronto, ON

Mar. 31, 2016

Speaking Engagement

Speaker, The Advocates’ Society, “Top Cases in Commercial Litigation”; Toronto, ON

Mar. 01, 2016

Speaking Engagement

Speaker, Ontario Bar Association, “The Protections Against Self-Incrimination in Civil and Regulatory Proceedings”; Toronto, ON

Nov. 24, 2014 - Download the presentation.

Speaking Engagement

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—General Commercial (Litigation Star); Securities (Litigation Star)

Telfer School of Management—Young Achievers Award (2019)

The Legal 500 Canada—Dispute Resolution: Ontario (Next Generation Lawyer), 2018

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)

Bar Admissions

Ontario, 2006

Education

University of Western Ontario, LLB (with Distinction, Dean’s List), 2005
University of Ottawa, BComm (English & French) (Cum Laude), 2002

Professional Affiliations

ICC FraudNet
Ontario Bar Association
The Advocates’ Society
Toronto Lawyers Association

Community Involvement

Minor hockey, volunteer goalie coach
Ontario Securities Commission, Litigation Assistance Program, volunteer counsel
The Advocates’ Society, Commercial Litigation Practice Group, former Co-Chair
University of Ottawa, Executive Mentorship Program

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.

TransAlta Corporation

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.

Staples, Inc.

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.

Stingray Group Inc.

Acted for Stingray Group Inc. in a $50-million claim against its franchisor in a fast-tracked action before the Commercial List of the Ontario Superior Court of Justice.

Sears Canada Inc.

Acted for Sears Canada Inc. in defending claims for approximately $100 million asserted against it by Canadian Premier Life Insurance Company arising from the termination of arrangements between the parties. This case was settled on the eve of trial in the Supreme Court of Ontario.

Syndicate of underwriters

Acted for a syndicate of underwriters in defending a securities class action in the Superior Court of Ontario arising from the IPO of Zungui Haixi Corporation, a China-based issuer.

Ontario Lottery and Gaming Corporation

Acted successfully for Ontario Lottery and Gaming Corporation and the operators of Fallsview Casino in obtaining summary judgment dismissing a $14 million claim alleging irregularities with the roulette gaming at Fallsview Casino.

Domino's Pizza of Canada Ltd.

Acting for Domino's Pizza of Canada Ltd. in connection with various matters, including a precedent setting motion concerning discovery rights.

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.

MI Developments, Inc.

Acted for MI Developments, Inc. (MID) in its successful defence of applications made by minority shareholders of MID to the Ontario Securities Commission by seeking orders denying MID the use of various securities law exemptions and seeking to require MID to obtain minority shareholder approval before proceeding with proposed related party transactions with Magna Entertainment Corp.

Eugene Melnyk

Acted for Eugene Melnyk, the founder of Biovail and the owner of the Ottawa Senators, in defending enforcement proceedings before the Ontario Securities Commission arising from an "earnings warning" issued by Biovail in 2003. This case resulted in a lengthy trial before the OSC, following which many of the allegations made against Mr. Melnyk were dismissed.

Pioneer Metals Corporation

Acted in the successful representation of Pioneer Metals Corporation (a wholly owned subsidiary of Barrick Gold Corporation) in connection with a dispute over a multi-billion dollar mining project at Galore Creek, one of the largest undeveloped copper-gold-silver projects in North America.

MI Developments Inc.

Acted for a subsidiary of Magna International Inc. in defending successfully a precedent-setting oppression application brought against it before the Ontario Superior Court by Greenlight Capital Corporation and its founder, David Einhorn. Magna prevailed at trial, as well as on appeal in the Divisional Court of Ontario and Ontario Court of Appeal.

Xstrata plc

Acted for Xstrata plc in its unsolicited takeover bid for Falconbridge Ltd. valuing Falconbridge at $24.1 billion. At the time of announcement, this transaction was the largest unsolicited takeover bid ever made in the global mining sector and its successful completion made Xstrata the world's fifth-largest mining company.

Bulletin

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...

Speaking Engagement

Speaker and Demonstrator, The Advocates’ Society, “Evidence for Litigators”; Toronto, ON

Nov. 29, 2018

Speaking Engagement

Speaker, The Advocates’ Society, “Top Commercial Cases of 2017”; Toronto, ON

Mar. 07, 2018

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...

Speaking Engagement

Speaker, Toronto Lawyers’ Association, “Corporate Transactions: Drafting to Minimize Litigation Risks”; Toronto, ON

Mar. 31, 2016

Speaking Engagement

Speaker, The Advocates’ Society, “Top Cases in Commercial Litigation”; Toronto, ON

Mar. 01, 2016

Speaking Engagement

Speaker, Ontario Bar Association, “The Protections Against Self-Incrimination in Civil and Regulatory Proceedings”; Toronto, ON

Nov. 24, 2014 - Download the presentation.

Speaking Engagement

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—General Commercial (Litigation Star); Securities (Litigation Star)

Telfer School of Management—Young Achievers Award (2019)

The Legal 500 Canada—Dispute Resolution: Ontario (Next Generation Lawyer), 2018

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)

Bar Admissions

Ontario, 2006

Education

University of Western Ontario, LLB (with Distinction, Dean’s List), 2005
University of Ottawa, BComm (English & French) (Cum Laude), 2002

Professional Affiliations

ICC FraudNet
Ontario Bar Association
The Advocates’ Society
Toronto Lawyers Association

Community Involvement

Minor hockey, volunteer goalie coach
Ontario Securities Commission, Litigation Assistance Program, volunteer counsel
The Advocates’ Society, Commercial Litigation Practice Group, former Co-Chair
University of Ottawa, Executive Mentorship Program