Matthew Milne-Smith

Partner

Matthew Milne-Smith

Matthew Milne-Smith

Partner

Clients turn to Matthew for their high-stakes and high-profile litigation. They value his strategic foresight and agility, and consider him “very bright and hard-working.”
Chambers Global 2016

Known for his intellectual acuity, Matthew acts in matters before a variety of tribunals and courts across Canada, including in precedent-setting appeals before the Ontario Court of Appeal and the Supreme Court of Canada. He was named Insolvency Lawyer of the Year 2014 by Benchmark Canada. Matthew is valued for being “methodical and aggressive, where appropriate.” (Client – Chambers Canada 2017)

Matthew advises clients of all sizes – public and private companies as well as government agencies – across a wide range of civil litigation matters, including commercial disputes, complex class actions, securities disputes, constitutional challenges, insolvency proceedings and novel tort claims. In addition to his extensive trial and motions work, Matthew has also successfully mediated or arbitrated numerous confidential disputes.

Matthew Milne-Smith

Partner

Clients turn to Matthew for their high-stakes and high-profile litigation. They value his strategic foresight and agility, and consider him “very bright and hard-working.”
Chambers Global 2016

Known for his intellectual acuity, Matthew acts in matters before a variety of tribunals and courts across Canada, including in precedent-setting appeals before the Ontario Court of Appeal and the Supreme Court of Canada. He was named Insolvency Lawyer of the Year 2014 by Benchmark Canada. Matthew is valued for being “methodical and aggressive, where appropriate.” (Client – Chambers Canada 2017)

Matthew advises clients of all sizes – public and private companies as well as government agencies – across a wide range of civil litigation matters, including commercial disputes, complex class actions, securities disputes, constitutional challenges, insolvency proceedings and novel tort claims. In addition to his extensive trial and motions work, Matthew has also successfully mediated or arbitrated numerous confidential disputes.

Mobile Content:

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.

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Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its all-cash acquisition of TMAC Resources Inc. by way of assignment to Agnico Eagle from Shandong Gold of an arrangement agreement between Shandong Gold and TMAC pursuant to a court-approved plan of arrangement under the Business Corporations Act (Ontario). The transaction had a total equity value of approximately C$287 million and, in connection with the acquisition, Agnico Eagle also retired TMAC's outstanding debt and deferred interest of approximately US$135 million.

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OMERS Administration Corp and OMERS Private Equity Inc.

Acting for OMERS Administration Corp and OMERS Private Equity Inc. in a $65-million lawsuit filed by a former employee, Tim Patterson, who is alleging, among other things, breach of a long-term compensation plan and related wrongful dismissal.

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YMCA of Southwestern Ontario

Acting for YMCA of Southwestern Ontario in a dispute over its business interruption insurance coverage provided by Northbridge General Insurance Corporation in relation to the global COVID-19 pandemic.

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Maxit Capital LP

Acted for Maxit Capital LP, as a financial advisor to Guyana Goldfields Inc., in a successfully contested plan of arrangement under the Business Corporations Act (Ontario) in relation to Maxit's retainer agreement with Guyana. 

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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.

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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.

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Canadian Chamber of Commerce

Acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning whether Canadian law should recognize a novel tort of disgorgement of profits gained as a result of wrongdoing.

Mobile Content:

James MacDonald

Acted for Mr. James S.A. MacDonald before the Supreme Court of Canada in an appeal concerning the difference between speculation and hedging, and the tax treatment applicable to gains or losses arising from derivative transactions.

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West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully against a second claim asserted against it by The Catalyst Capital Inc., this time for more than $1.3 billion, arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. On April 18, 2018, Justice Hainey of the Ontario Superior Court of Justice determined that this second claim was essentially an attempt to re-litigate the same facts and issues that had previously been decided by Justice Newbould in the first such claim between Catalyst and West Face. As such, Justice Hainey dismissed the claim as against West Face, and all of the other defendants, as an abuse of process. Catalyst's appeal from the Order of Justice Hainey dismissing this action as an abuse of process was dismissed by the Ontario Court of Appeal in early May 2019. In November 2019, the Supreme Court of Canada dismissed Catalyst's application for leave to appeal.

Speaking Engagement
Mobile Content:

The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2021: The Effective Advocate, “The Year in Review: Key Cases in 2020”; Webcast

Apr. 21, 2021

Bulletin
Mobile Content:

Canada’s Top Court Provides Guidance on SLAPPs

Sept. 21, 2020 -

Overview Strategic lawsuits against public participation (SLAPPs) are lawsuits that are intended not to seek justice, but instead to intimidate and silence critics. Regardless of the merits of its underlying claim, a well-heeled plaintiff is often able to drag the critic through...

Bulletin
Mobile Content:

Class Actions: Gambling on a Novel Cause of Action May Not Be a Winner

July 29, 2020 - In Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 (Babstock), the Supreme Court of Canada (SCC) clarifies the contentious doctrine of “waiver of tort” and provides helpful guidance on the way courts should assess novel claims at the stage of certification of a proposed...

Bulletin
Mobile Content:

Force Majeure and Frustration in Light of COVID-19

Mar. 25, 2020 - The global COVID-19 pandemic has resulted in unprecedented and rapidly developing challenges for companies attempting to fulfill their contractual obligations in the face of supply chain interruptions, labour shortages, government-ordered closures and unexpected declines in demand. In these...

Bulletin
Mobile Content:

COVID-19: Material Adverse Change and Material Adverse Effect

Mar. 23, 2020 - The COVID-19 pandemic has had, and is likely to continue to have, a major impact on the global economy as countries implement various levels of “social distancing” and other restrictions on normal activities. In these uncertain times, many businesses may find themselves reviewing their contracts...

Article
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Ontario Court of Appeal Upholds Application of Regulated Conduct Defence to Dismiss Class Action Alleging Conspiracy in Beer Industry, co-author

June 30, 2019 - Competition Policy International
Read the article.

Speaking Engagement
Mobile Content:

Ontario Bar Association, “Introducing Evidence at Trial”; Toronto, ON

Mar. 01, 2019

In the News
Mobile Content:

Matt Milne-Smith Speaks to Lexpert on Slowdown in Securities Class Actions

Dec. 04, 2018 - In an article published in the Lexpert Special Edition – Canada’s Leading Litigation Lawyers, Davies partner Matt Milne-Smith discusses the impact of the Supreme Court of Canada’s 2015 trilogy of decisions interpreting the leave standard for secondary market securities class action filings...

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Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Class Action (Defence); Litigation, General Commercial: Ontario

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Benchmark Canada—Insolvency Litigator of the Year (2014)

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Benchmark Canada Impact Case of the Year Award (2017, 2020)—Recipient

Mobile Content:

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

Mobile Content:

The Legal 500 Canada—Dispute Resolution: Ontario (Leading Individual)

Mobile Content:

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Litigation: Corporate Commercial; Litigation: Securities

Mobile Content:

Lexpert Special Edition: Litigation

Mobile Content:

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Dispute Resolution

Mobile Content:

The Canadian Legal Lexpert Directory—Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Securities (Most Frequently Recommended); Class Actions; Commercial Arbitration

Mobile Content:

Chambers Canada Award—Litigation Firm of the Year (2018)

Mobile Content:

Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial Department: Ontario (Band 1 for firm)

Mobile Content:

Lexpert Rising Stars: Leading Lawyers Under 40—Litigation (2013)

Mobile Content:

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

Mobile Content:

Who’s Who Legal: Litigation—Future Leaders

Bar Admissions
Mobile Content:

Ontario, 2001
New York, 2000

Education
Mobile Content:

Yale Law School, JD, 1999
Princeton University, AB (Summa Cum Laude), 1996
Clerk, The Honourable Mr. Justice Frank Iacobucci, Supreme Court of Canada

Professional Affiliations
Mobile Content:

Metropolitan Toronto Lawyers Association
The Advocates’ Society

Board Memberships
Mobile Content:

AboutFace International

Clients turn to Matthew for their high-stakes and high-profile litigation. They value his strategic foresight and agility, and consider him “very bright and hard-working.”
Chambers Global 2016

Known for his intellectual acuity, Matthew acts in matters before a variety of tribunals and courts across Canada, including in precedent-setting appeals before the Ontario Court of Appeal and the Supreme Court of Canada. He was named Insolvency Lawyer of the Year 2014 by Benchmark Canada. Matthew is valued for being “methodical and aggressive, where appropriate.” (Client – Chambers Canada 2017)

Matthew advises clients of all sizes – public and private companies as well as government agencies – across a wide range of civil litigation matters, including commercial disputes, complex class actions, securities disputes, constitutional challenges, insolvency proceedings and novel tort claims. In addition to his extensive trial and motions work, Matthew has also successfully mediated or arbitrated numerous confidential disputes.

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.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its all-cash acquisition of TMAC Resources Inc. by way of assignment to Agnico Eagle from Shandong Gold of an arrangement agreement between Shandong Gold and TMAC pursuant to a court-approved plan of arrangement under the Business Corporations Act (Ontario). The transaction had a total equity value of approximately C$287 million and, in connection with the acquisition, Agnico Eagle also retired TMAC's outstanding debt and deferred interest of approximately US$135 million.

OMERS Administration Corp and OMERS Private Equity Inc.

Acting for OMERS Administration Corp and OMERS Private Equity Inc. in a $65-million lawsuit filed by a former employee, Tim Patterson, who is alleging, among other things, breach of a long-term compensation plan and related wrongful dismissal.

YMCA of Southwestern Ontario

Acting for YMCA of Southwestern Ontario in a dispute over its business interruption insurance coverage provided by Northbridge General Insurance Corporation in relation to the global COVID-19 pandemic.

Maxit Capital LP

Acted for Maxit Capital LP, as a financial advisor to Guyana Goldfields Inc., in a successfully contested plan of arrangement under the Business Corporations Act (Ontario) in relation to Maxit's retainer agreement with Guyana. 

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.

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.

Canadian Chamber of Commerce

Acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning whether Canadian law should recognize a novel tort of disgorgement of profits gained as a result of wrongdoing.

James MacDonald

Acted for Mr. James S.A. MacDonald before the Supreme Court of Canada in an appeal concerning the difference between speculation and hedging, and the tax treatment applicable to gains or losses arising from derivative transactions.

West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully against a second claim asserted against it by The Catalyst Capital Inc., this time for more than $1.3 billion, arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. On April 18, 2018, Justice Hainey of the Ontario Superior Court of Justice determined that this second claim was essentially an attempt to re-litigate the same facts and issues that had previously been decided by Justice Newbould in the first such claim between Catalyst and West Face. As such, Justice Hainey dismissed the claim as against West Face, and all of the other defendants, as an abuse of process. Catalyst's appeal from the Order of Justice Hainey dismissing this action as an abuse of process was dismissed by the Ontario Court of Appeal in early May 2019. In November 2019, the Supreme Court of Canada dismissed Catalyst's application for leave to appeal.

Speaking Engagement

The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2021: The Effective Advocate, “The Year in Review: Key Cases in 2020”; Webcast

Apr. 21, 2021

Bulletin

Canada’s Top Court Provides Guidance on SLAPPs

Sept. 21, 2020 -

Overview Strategic lawsuits against public participation (SLAPPs) are lawsuits that are intended not to seek justice, but instead to intimidate and silence critics. Regardless of the merits of its underlying claim, a well-heeled plaintiff is often able to drag the critic through...

Bulletin

Class Actions: Gambling on a Novel Cause of Action May Not Be a Winner

July 29, 2020 - In Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 (Babstock), the Supreme Court of Canada (SCC) clarifies the contentious doctrine of “waiver of tort” and provides helpful guidance on the way courts should assess novel claims at the stage of certification of a proposed...

Bulletin

Force Majeure and Frustration in Light of COVID-19

Mar. 25, 2020 - The global COVID-19 pandemic has resulted in unprecedented and rapidly developing challenges for companies attempting to fulfill their contractual obligations in the face of supply chain interruptions, labour shortages, government-ordered closures and unexpected declines in demand. In these...

Bulletin

COVID-19: Material Adverse Change and Material Adverse Effect

Mar. 23, 2020 - The COVID-19 pandemic has had, and is likely to continue to have, a major impact on the global economy as countries implement various levels of “social distancing” and other restrictions on normal activities. In these uncertain times, many businesses may find themselves reviewing their contracts...

Article

Ontario Court of Appeal Upholds Application of Regulated Conduct Defence to Dismiss Class Action Alleging Conspiracy in Beer Industry, co-author

June 30, 2019 - Competition Policy International
Read the article.

Speaking Engagement

Ontario Bar Association, “Introducing Evidence at Trial”; Toronto, ON

Mar. 01, 2019

In the News

Matt Milne-Smith Speaks to Lexpert on Slowdown in Securities Class Actions

Dec. 04, 2018 - In an article published in the Lexpert Special Edition – Canada’s Leading Litigation Lawyers, Davies partner Matt Milne-Smith discusses the impact of the Supreme Court of Canada’s 2015 trilogy of decisions interpreting the leave standard for secondary market securities class action filings...

Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Class Action (Defence); Litigation, General Commercial: Ontario

Benchmark Canada—Insolvency Litigator of the Year (2014)

Benchmark Canada Impact Case of the Year Award (2017, 2020)—Recipient

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

The Legal 500 Canada—Dispute Resolution: Ontario (Leading Individual)

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Litigation: Corporate Commercial; Litigation: Securities

Lexpert Special Edition: Litigation

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Dispute Resolution

The Canadian Legal Lexpert Directory—Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Securities (Most Frequently Recommended); Class Actions; Commercial Arbitration

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)

Lexpert Rising Stars: Leading Lawyers Under 40—Litigation (2013)

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

Who’s Who Legal: Litigation—Future Leaders

Bar Admissions

Ontario, 2001
New York, 2000

Education

Yale Law School, JD, 1999
Princeton University, AB (Summa Cum Laude), 1996
Clerk, The Honourable Mr. Justice Frank Iacobucci, Supreme Court of Canada

Professional Affiliations

Metropolitan Toronto Lawyers Association
The Advocates’ Society

Board Memberships

AboutFace International