Luis Sarabia

Partner

Luis Sarabia

Luis Sarabia

Partner

“Regardless of how difficult, complex or sometimes urgent the task, it was dealt with professionally and successfully.”
Client – Chambers Global 2016

Luis has a broad-based general litigation and arbitration practice. He has specific expertise in acting for the world’s leading mining companies in their large and complex litigation and arbitrations – in Canada and internationally.

Clients appreciate that Luis is “a good sounding board, gives pragmatic advice and has a sense of calmness which gives you a lot of security.” (Chambers Global 2015)

Luis is lead counsel for public and private corporations at various levels of Canadian courts, as well as at the Ontario Securities Commission. Spanish-speaking parties regularly turn to Luis for assistance. He regularly acts as counsel in class actions, takeover bids and change of control litigation. A qualified and experienced arbitrator, Luis is regularly selected by parties to arbitrate on a range of business and commercial disputes.

Luis Sarabia

Partner

“Regardless of how difficult, complex or sometimes urgent the task, it was dealt with professionally and successfully.”
Client – Chambers Global 2016

Luis has a broad-based general litigation and arbitration practice. He has specific expertise in acting for the world’s leading mining companies in their large and complex litigation and arbitrations – in Canada and internationally.

Clients appreciate that Luis is “a good sounding board, gives pragmatic advice and has a sense of calmness which gives you a lot of security.” (Chambers Global 2015)

Luis is lead counsel for public and private corporations at various levels of Canadian courts, as well as at the Ontario Securities Commission. Spanish-speaking parties regularly turn to Luis for assistance. He regularly acts as counsel in class actions, takeover bids and change of control litigation. A qualified and experienced arbitrator, Luis is regularly selected by parties to arbitrate on a range of business and commercial disputes.

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.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in defending eight multi-billion dollar class actions commenced in jurisdictions across Canada pertaining to alleged breaches by Barrick of its disclosure obligations under the securities laws of Ontario and other provinces concerning Barrick's Pascua Lama mining project in Chile and Argentina.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in international tort litigation concerning the mining operations of an affiliate of Barrick in Africa, brought in the courts of Canada, the United Kingdom and Tanzania.

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.

MAG Silver Corp.

Acted for MAG Silver Corp. in an international arbitration in Mexico.

Avocet Mining PLC

Acted for Avocet Mining PLC in defending successfully through trial a claim asserted against Avocet and its subsidiary Wega Mining ASA by Infinity Gold Mining Inc. and Shaloha Trading Corporation in relation to a contested break-fee, arising out of an unsuccessful take-over bid by Infinity and Shaloha.

Target Corporation

Acted for Target Corporation in connection with winding down of Target Canada Corporation under the Companies' Creditors Arrangement Act.

Agnico Eagle Mines Limited

Defended Agnico Eagle Mines Limited in relation to charges against Agnico under the Fisheries Act arising from its operations at the Meadowbank mine in Nunavut.

Shaft Sinkers (PTY) Ltd.

Acted for Shaft Sinkers (PTY) Ltd. in an ICC arbitration in Geneva arising from the sinking of Eurochem's VolgaKaliy potash shaft in Russia.

EMEA Nortel Debtors

Acted for the EMEA Nortel Debtors in the Ontario Commercial List and Delaware Court of Bankruptcy concerning allocation of approximately $7.5 billion of proceeds from the sale of Nortel assets. The Nortel allocation proceedings were unique in their size, complexity, and multi-jurisdictional nature.

BHP Billiton

Acted for BHP Billiton in connection with "ROFR" litigation arising from the sale of its Canadian diamond business.

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.

Canadian Coalition for Good Governance

Acted for the Canadian Coalition for Good Governance, a collection of Canada's leading institutional investors, in a reference to the Supreme Court of Canada concerning the constitutional validity of proposed legislation creating a National Securities Regulator in Canada.

Pershing Square Capital Management LP

Acted for Pershing Square Capital Management LP and other institutional investors in Sears Canada Inc. in connection with their successful efforts to oppose Sears Holdings Corporation's efforts to squeeze out the minority shareholders of Sears Canada, including proceedings before the Ontario Securities Commission and the Ontario courts.

In the News

Luis Sarabia Speaks to National Post About Human Rights Case Headed to SCC

Jan. 07, 2019 - In an article published recently in the National Post, Davies partner Luis Sarabia shared his perspectives on the upcoming appeal to the Supreme Court of Canada regarding the application of customary international law to Canadian businesses operating abroad. “Customary international law...

Bulletin

Canada Gets Go-Ahead for a National Securities Regulator

Nov. 12, 2018 - The Supreme Court of Canada (SCC) has now unanimously ruled on two reference questions from the Government of Québec, holding that the federal government’s second attempt to create a national securities regulator is constitutional. Key Takeaways The proposed cooperative pan-Canadian system...

Speaking Engagement

Duff & Phelps, 2017 General Counsel Symposium, “Canadian and Other U.S. Cross-Border Litigation: Current Issues and Trends”; Chicago, IL

Nov. 03, 2017

Article

Parents’ Subsidiary Liabilities Hit Home, co-author

Mar. 06, 2016 - Listed Magazine

Bulletin

Securities Class Actions in Canada: The Supreme Court Weighs In

Dec. 04, 2015 - Earlier today, the Supreme Court of Canada released its highly anticipated decision in three Ontario securities class action cases: Canadian Imperial Bank of Commerce v Green, Silver v IMAX Corporation and Trustees of the Millwright Regional Council of Ontario Pension Trust Fund v...

Bulletin

Supreme Court of Canada Rules in Chevron Corp. v. Yaiguaje

Sept. 08, 2015 - On September 4, 2015, the Supreme Court of Canada unanimously held in Chevron Corp v. Yaiguaje that the Ontario court has jurisdiction to hear an action brought by Ecuadorian plaintiffs seeking the recognition and enforcement in Ontario of a US$9. 51-billion Ecuadorian judgment for...

Bulletin

Leading-Edge Practices in Subsidiary Governance

June 17, 2015 - At a recent presentation at the Davies Academy for Continuing Professional Development, Davies partner Luis Sarabia and Davies affiliated scholar Poonam Puri discussed recent legal proceedings in which courts have been asked to hold parent companies directly liable in negligence for the actions of...

Bulletin

Blowing the Whistle on the Whistleblower Program

May 08, 2015 - Davies has submitted a letter to the Ontario Securities Commission (OSC) commenting on Staff’s framework for a proposed Whistleblower Program. The Whistleblower Program would be the first of its kind for Canadian securities regulators and only the second whistleblower program in Canada to offer a...

Chambers Global: The World’s Leading Lawyers for Business—Dispute Resolution: Arbitration

Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Arbitration; Litigation, General Commercial: Ontario

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—General Commercial (Litigation Star); Securities (Litigation Star)

Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers

Lexpert Special Edition Leading Canadian Lawyers in Global Mining

The Canadian Legal Lexpert Directory—Litigation: Corporate Commercial; Litigation: Securities

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)

The Best Lawyers in Canada—Class Action Litigation; Corporate and Commercial Litigation

Bar Admissions

Ontario, 1995

Education

University of Windsor, LLB, 1993
University of Toronto, MA (International Relations), 1991
University of Toronto, BA, 1989

Professional Affiliations

Chartered Institute of Arbitrators (CIArb)
The Advocates’ Society

Teaching Engagements

Luis teaches a graduate course in Corporate Remedies for LLM students at Osgoode Hall Law School. He has been a guest lecturer at various law schools, including McGill University Faculty of Law, University of Toronto Faculty of Law, Western Law and the University of Saskatchewan College of Law. He has also been an instructor at the Intensive Trial Advocacy Workshop at Osgoode Hall Law School’s Professional Development program. Luis is a lecturer in Continuing Legal Aid programs organized by The Advocates’ Society and in Arbitration Law for the Saskatchewan Law Society. Luis has also conducted advocacy skills training for the Law Society of Newfoundland and Labrador.

“Regardless of how difficult, complex or sometimes urgent the task, it was dealt with professionally and successfully.”
Client – Chambers Global 2016

Luis has a broad-based general litigation and arbitration practice. He has specific expertise in acting for the world’s leading mining companies in their large and complex litigation and arbitrations – in Canada and internationally.

Clients appreciate that Luis is “a good sounding board, gives pragmatic advice and has a sense of calmness which gives you a lot of security.” (Chambers Global 2015)

Luis is lead counsel for public and private corporations at various levels of Canadian courts, as well as at the Ontario Securities Commission. Spanish-speaking parties regularly turn to Luis for assistance. He regularly acts as counsel in class actions, takeover bids and change of control litigation. A qualified and experienced arbitrator, Luis is regularly selected by parties to arbitrate on a range of business and commercial disputes.

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.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in defending eight multi-billion dollar class actions commenced in jurisdictions across Canada pertaining to alleged breaches by Barrick of its disclosure obligations under the securities laws of Ontario and other provinces concerning Barrick's Pascua Lama mining project in Chile and Argentina.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in international tort litigation concerning the mining operations of an affiliate of Barrick in Africa, brought in the courts of Canada, the United Kingdom and Tanzania.

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.

MAG Silver Corp.

Acted for MAG Silver Corp. in an international arbitration in Mexico.

Avocet Mining PLC

Acted for Avocet Mining PLC in defending successfully through trial a claim asserted against Avocet and its subsidiary Wega Mining ASA by Infinity Gold Mining Inc. and Shaloha Trading Corporation in relation to a contested break-fee, arising out of an unsuccessful take-over bid by Infinity and Shaloha.

Target Corporation

Acted for Target Corporation in connection with winding down of Target Canada Corporation under the Companies' Creditors Arrangement Act.

Agnico Eagle Mines Limited

Defended Agnico Eagle Mines Limited in relation to charges against Agnico under the Fisheries Act arising from its operations at the Meadowbank mine in Nunavut.

Shaft Sinkers (PTY) Ltd.

Acted for Shaft Sinkers (PTY) Ltd. in an ICC arbitration in Geneva arising from the sinking of Eurochem's VolgaKaliy potash shaft in Russia.

EMEA Nortel Debtors

Acted for the EMEA Nortel Debtors in the Ontario Commercial List and Delaware Court of Bankruptcy concerning allocation of approximately $7.5 billion of proceeds from the sale of Nortel assets. The Nortel allocation proceedings were unique in their size, complexity, and multi-jurisdictional nature.

BHP Billiton

Acted for BHP Billiton in connection with "ROFR" litigation arising from the sale of its Canadian diamond business.

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.

Canadian Coalition for Good Governance

Acted for the Canadian Coalition for Good Governance, a collection of Canada's leading institutional investors, in a reference to the Supreme Court of Canada concerning the constitutional validity of proposed legislation creating a National Securities Regulator in Canada.

Pershing Square Capital Management LP

Acted for Pershing Square Capital Management LP and other institutional investors in Sears Canada Inc. in connection with their successful efforts to oppose Sears Holdings Corporation's efforts to squeeze out the minority shareholders of Sears Canada, including proceedings before the Ontario Securities Commission and the Ontario courts.

In the News

Luis Sarabia Speaks to National Post About Human Rights Case Headed to SCC

Jan. 07, 2019 - In an article published recently in the National Post, Davies partner Luis Sarabia shared his perspectives on the upcoming appeal to the Supreme Court of Canada regarding the application of customary international law to Canadian businesses operating abroad. “Customary international law...

Bulletin

Canada Gets Go-Ahead for a National Securities Regulator

Nov. 12, 2018 - The Supreme Court of Canada (SCC) has now unanimously ruled on two reference questions from the Government of Québec, holding that the federal government’s second attempt to create a national securities regulator is constitutional. Key Takeaways The proposed cooperative pan-Canadian system...

Speaking Engagement

Duff & Phelps, 2017 General Counsel Symposium, “Canadian and Other U.S. Cross-Border Litigation: Current Issues and Trends”; Chicago, IL

Nov. 03, 2017

Article

Parents’ Subsidiary Liabilities Hit Home, co-author

Mar. 06, 2016 - Listed Magazine

Bulletin

Securities Class Actions in Canada: The Supreme Court Weighs In

Dec. 04, 2015 - Earlier today, the Supreme Court of Canada released its highly anticipated decision in three Ontario securities class action cases: Canadian Imperial Bank of Commerce v Green, Silver v IMAX Corporation and Trustees of the Millwright Regional Council of Ontario Pension Trust Fund v...

Bulletin

Supreme Court of Canada Rules in Chevron Corp. v. Yaiguaje

Sept. 08, 2015 - On September 4, 2015, the Supreme Court of Canada unanimously held in Chevron Corp v. Yaiguaje that the Ontario court has jurisdiction to hear an action brought by Ecuadorian plaintiffs seeking the recognition and enforcement in Ontario of a US$9. 51-billion Ecuadorian judgment for...

Bulletin

Leading-Edge Practices in Subsidiary Governance

June 17, 2015 - At a recent presentation at the Davies Academy for Continuing Professional Development, Davies partner Luis Sarabia and Davies affiliated scholar Poonam Puri discussed recent legal proceedings in which courts have been asked to hold parent companies directly liable in negligence for the actions of...

Bulletin

Blowing the Whistle on the Whistleblower Program

May 08, 2015 - Davies has submitted a letter to the Ontario Securities Commission (OSC) commenting on Staff’s framework for a proposed Whistleblower Program. The Whistleblower Program would be the first of its kind for Canadian securities regulators and only the second whistleblower program in Canada to offer a...

Chambers Global: The World’s Leading Lawyers for Business—Dispute Resolution: Arbitration

Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Arbitration; Litigation, General Commercial: Ontario

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—General Commercial (Litigation Star); Securities (Litigation Star)

Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers

Lexpert Special Edition Leading Canadian Lawyers in Global Mining

The Canadian Legal Lexpert Directory—Litigation: Corporate Commercial; Litigation: Securities

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)

The Best Lawyers in Canada—Class Action Litigation; Corporate and Commercial Litigation

Bar Admissions

Ontario, 1995

Education

University of Windsor, LLB, 1993
University of Toronto, MA (International Relations), 1991
University of Toronto, BA, 1989

Professional Affiliations

Chartered Institute of Arbitrators (CIArb)
The Advocates’ Society

Teaching Engagements

Luis teaches a graduate course in Corporate Remedies for LLM students at Osgoode Hall Law School. He has been a guest lecturer at various law schools, including McGill University Faculty of Law, University of Toronto Faculty of Law, Western Law and the University of Saskatchewan College of Law. He has also been an instructor at the Intensive Trial Advocacy Workshop at Osgoode Hall Law School’s Professional Development program. Luis is a lecturer in Continuing Legal Aid programs organized by The Advocates’ Society and in Arbitration Law for the Saskatchewan Law Society. Luis has also conducted advocacy skills training for the Law Society of Newfoundland and Labrador.