Nick Rodrigo

Partner

Nick Rodrigo

Nick Rodrigo

Partner

Bar Admissions
  • Ontario, 2001
    Québec, 1999

Nick applies his creative and meticulous approach to complex litigation matters.

Nick has a well-rounded litigation practice focusing on class action defence, particularly in relation to securities and competition law, as well as consumer law and advertising practices. He also advises on various types of contractual and shareholder disputes such as oppression cases and brokers’ liability cases.

Nick has gained broad trial and appellate experience, including at the Supreme Court of Canada. Clients across a wide range of industries – including telecommunications, retail, mining, technology and aerospace – trust Nick for his detail-oriented approach. His current caseload includes several large securities class actions, as well as matters regarding allegations of international price-fixing conspiracies and several consumer law class actions involving some of Canada’s largest retailers.

Nick is a member of the firm’s Management Committee. He is a frequent speaker at industry conferences across Canada.

Nick Rodrigo

Partner

Nick applies his creative and meticulous approach to complex litigation matters.

Nick has a well-rounded litigation practice focusing on class action defence, particularly in relation to securities and competition law, as well as consumer law and advertising practices. He also advises on various types of contractual and shareholder disputes such as oppression cases and brokers’ liability cases.

Nick has gained broad trial and appellate experience, including at the Supreme Court of Canada. Clients across a wide range of industries – including telecommunications, retail, mining, technology and aerospace – trust Nick for his detail-oriented approach. His current caseload includes several large securities class actions, as well as matters regarding allegations of international price-fixing conspiracies and several consumer law class actions involving some of Canada’s largest retailers.

Nick is a member of the firm’s Management Committee. He is a frequent speaker at industry conferences across Canada.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in connection with multi-jurisdictional class actions alleging breaches of the public disclosure requirements under the Québec Securities Act.

Agnico Eagle Mines Limited

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

Lehman Brothers Real Estate Partners II LP

Acted successfully for Lehman Brothers Real Estate Partners II LP in connection with corporate proceedings in oppression and derivative action with respect to three real estate investments in Montréal.

Rogers Communications Inc.

Acting for Rogers Communications Inc. before the Québec Superior Court in its defence of a proposed class action related to early cancellation fees.

Brault & Martineau Inc.

Acted successfully for Brault & Martineau Inc. in defence of a class action instituted on behalf of consumers who purchased goods with financing that was alleged to breach the provisions of the Consumer Protection Act.

Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc.

Acting for Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc. in defence of various class actions instituted on behalf of consumers alleging that the sale of additional warranties breaches the provisions of the Consumer Protection Act.

Canadian Chamber of Commerce

Acted successfully on behalf of the Canadian Chamber of Commerce in favour of Wal-Mart before the Supreme Court of Canada in an appeal concerning the scope of the employer's right to cease operations, even where the alleged reason for the business closure was the employer's unwillingness to deal with a union that had recently obtained certification of the workplace. The majority of the Supreme Court held that although anti-union animus could, in principle, constitute the basis for awarding compensation under the unfair labour practice provisions of the Québec Labour Code, the wrongful dismissal provisions assumed the continued existence of a workplace.

SONY BMG Music (Canada) Inc.

Acted for Sony BMG Music (Canada) Inc. in the successful defence of a national class action brought against Sony in the Ontario Superior Court concerning music copy protection software contained in CDs that were produced, marketed and sold by Sony.

BCE Inc.

Acted for BCE Inc. and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by Justice Silcoff of the Quebec Superior Court following a lengthy and highly expedited trial.

Société de transport de Montréal (STM)

Acted successfully for the Société de transport de Montréal in a dispute with Bombardier Transport Canada Inc. and Alstom Canada Inc. concerning the $1.2-billion contract for the renewal of the cars of the Montréal subway. The Superior Court granted the STM's motion to dismiss the motion for declaratory judgement instituted by the subway car manufacturers.

Red Bull Canada Ltd.

Acting in a national class action suit against Red Bull Canada and against its Austrian parent, Red Bull GmbH, alleging misrepresentations made in the marketing of Red Bull energy drinks in Canada.

Groupe Vision New Look Inc.

Acting for Groupe Vision New Look Inc., Québec's largest optical products retailer, in a class action claiming the refund of all fees charged for medications and services in relation to optical services provided to consumers between 2012 and 2015.

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.

Rogers Communications Inc.

Acting for Rogers Communications Inc. in connection with the appeal of an administrative decision of the Québec Privacy Commissioner that would prohibit the use by Rogers of any personal information to conduct credit verifications and fraud prevention measures in relation to consumer subscriptions for mobile telephone service.

LinkedIn Ireland

Acted successfully for LinkedIn in a decision denying class certification in connection with a multi-defendant proposed class action alleging the violation of Québec Consumer Protection Act provisions dealing with the marketing of discounted limited-time offers of services.

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.

LG Chem America, Inc.

Acted for LG Chem, Inc. in connection with class actions commenced across Canada, alleging a global, criminal price-fixing cartel in respect of lithium ion batteries, including a contested certification hearing and appeals before the Ontario Divisional Court and Court of Appeal.

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.

Mars, Incorporated

Acted for Mars Canada in defence of criminal proceedings under the Competition Act alleging charges of price-fixing of chocolate confectionery products in Canada and in follow on class actions commenced across Canada.

Société des casinos du Québec

Acting for the Société des casinos du Québec in connection with two class actions regarding electronic banking fees charged on certain transactions made in Loto-Québec's casinos.

Biomet Inc.

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

B.M. Osborn Investments Inc., Stephen Bronfman, et al.

Acted successfully for a group of property owners in Mont-Tremblant, an exclusive resort area in Québec, in connection with their defence during proceedings regarding a private expropriation of property to build a private road.

Paladin Labs Inc.

Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.

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.

Concordia University

Acted successfully for Concordia University in the Bisaillon v. Concordia University case before the Supreme Court of Canada. Davies argued that the Superior Court had no jurisdiction to entertain a class action initiated by Bisaillon claiming the payment by Concordia of well over $100 million to the pension fund of its employees.

Article

International Arbitration Q&A

Dec. 31, 2013 - Talklaw Global

Article

Taking a Pass on Passing On – Indirect Purchaser Claims in Competition Class Action

Dec. 31, 2013 - The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada

Article

Letting a Thousand Flowers Bloom: Resolving Individual Claims in Class Actions Through Mini-Trials

June 30, 2013 - Class Action Defence Quarterly, Vol. 7, No. 4

Speaking Engagement

Barreau de Québec, conference, “Développements récents au Québec, au Canada et aux États-Unis collectif”

Mar. 21, 2013

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

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

The Legal 500 Canada—Dispute Resolution: Québec (Recommended)

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—Class Actions; Litigation: Corporate Commercial

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

Bar Admissions

Ontario, 2001
Québec, 1999

Education

McGill University, BCL/LLB, 1998
Université Laval, French Cert., 1994
McGill University, BA (Liberal Arts & Philosophy), 1994

Professional Affiliations

Young Canadian Arbitration Practitioners

Teaching Engagements

Nick has lectured at the Québec Bar School, teaching a course on international arbitration. He also presented a seminar in Arusha, Tanzania, on trial advocacy techniques for prosecutors at the International Criminal Tribunal for Rwanda, which was prosecuting crimes against humanity committed during the 1994 Rwandan genocide.

Nick applies his creative and meticulous approach to complex litigation matters.

Nick has a well-rounded litigation practice focusing on class action defence, particularly in relation to securities and competition law, as well as consumer law and advertising practices. He also advises on various types of contractual and shareholder disputes such as oppression cases and brokers’ liability cases.

Nick has gained broad trial and appellate experience, including at the Supreme Court of Canada. Clients across a wide range of industries – including telecommunications, retail, mining, technology and aerospace – trust Nick for his detail-oriented approach. His current caseload includes several large securities class actions, as well as matters regarding allegations of international price-fixing conspiracies and several consumer law class actions involving some of Canada’s largest retailers.

Nick is a member of the firm’s Management Committee. He is a frequent speaker at industry conferences across Canada.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in connection with multi-jurisdictional class actions alleging breaches of the public disclosure requirements under the Québec Securities Act.

Agnico Eagle Mines Limited

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

Lehman Brothers Real Estate Partners II LP

Acted successfully for Lehman Brothers Real Estate Partners II LP in connection with corporate proceedings in oppression and derivative action with respect to three real estate investments in Montréal.

Rogers Communications Inc.

Acting for Rogers Communications Inc. before the Québec Superior Court in its defence of a proposed class action related to early cancellation fees.

Brault & Martineau Inc.

Acted successfully for Brault & Martineau Inc. in defence of a class action instituted on behalf of consumers who purchased goods with financing that was alleged to breach the provisions of the Consumer Protection Act.

Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc.

Acting for Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc. in defence of various class actions instituted on behalf of consumers alleging that the sale of additional warranties breaches the provisions of the Consumer Protection Act.

Canadian Chamber of Commerce

Acted successfully on behalf of the Canadian Chamber of Commerce in favour of Wal-Mart before the Supreme Court of Canada in an appeal concerning the scope of the employer's right to cease operations, even where the alleged reason for the business closure was the employer's unwillingness to deal with a union that had recently obtained certification of the workplace. The majority of the Supreme Court held that although anti-union animus could, in principle, constitute the basis for awarding compensation under the unfair labour practice provisions of the Québec Labour Code, the wrongful dismissal provisions assumed the continued existence of a workplace.

SONY BMG Music (Canada) Inc.

Acted for Sony BMG Music (Canada) Inc. in the successful defence of a national class action brought against Sony in the Ontario Superior Court concerning music copy protection software contained in CDs that were produced, marketed and sold by Sony.

BCE Inc.

Acted for BCE Inc. and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by Justice Silcoff of the Quebec Superior Court following a lengthy and highly expedited trial.

Société de transport de Montréal (STM)

Acted successfully for the Société de transport de Montréal in a dispute with Bombardier Transport Canada Inc. and Alstom Canada Inc. concerning the $1.2-billion contract for the renewal of the cars of the Montréal subway. The Superior Court granted the STM's motion to dismiss the motion for declaratory judgement instituted by the subway car manufacturers.

Red Bull Canada Ltd.

Acting in a national class action suit against Red Bull Canada and against its Austrian parent, Red Bull GmbH, alleging misrepresentations made in the marketing of Red Bull energy drinks in Canada.

Groupe Vision New Look Inc.

Acting for Groupe Vision New Look Inc., Québec's largest optical products retailer, in a class action claiming the refund of all fees charged for medications and services in relation to optical services provided to consumers between 2012 and 2015.

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.

Rogers Communications Inc.

Acting for Rogers Communications Inc. in connection with the appeal of an administrative decision of the Québec Privacy Commissioner that would prohibit the use by Rogers of any personal information to conduct credit verifications and fraud prevention measures in relation to consumer subscriptions for mobile telephone service.

LinkedIn Ireland

Acted successfully for LinkedIn in a decision denying class certification in connection with a multi-defendant proposed class action alleging the violation of Québec Consumer Protection Act provisions dealing with the marketing of discounted limited-time offers of services.

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.

LG Chem America, Inc.

Acted for LG Chem, Inc. in connection with class actions commenced across Canada, alleging a global, criminal price-fixing cartel in respect of lithium ion batteries, including a contested certification hearing and appeals before the Ontario Divisional Court and Court of Appeal.

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.

Mars, Incorporated

Acted for Mars Canada in defence of criminal proceedings under the Competition Act alleging charges of price-fixing of chocolate confectionery products in Canada and in follow on class actions commenced across Canada.

Société des casinos du Québec

Acting for the Société des casinos du Québec in connection with two class actions regarding electronic banking fees charged on certain transactions made in Loto-Québec's casinos.

Biomet Inc.

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

B.M. Osborn Investments Inc., Stephen Bronfman, et al.

Acted successfully for a group of property owners in Mont-Tremblant, an exclusive resort area in Québec, in connection with their defence during proceedings regarding a private expropriation of property to build a private road.

Paladin Labs Inc.

Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.

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.

Concordia University

Acted successfully for Concordia University in the Bisaillon v. Concordia University case before the Supreme Court of Canada. Davies argued that the Superior Court had no jurisdiction to entertain a class action initiated by Bisaillon claiming the payment by Concordia of well over $100 million to the pension fund of its employees.

Article

International Arbitration Q&A

Dec. 31, 2013 - Talklaw Global

Article

Taking a Pass on Passing On – Indirect Purchaser Claims in Competition Class Action

Dec. 31, 2013 - The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada

Article

Letting a Thousand Flowers Bloom: Resolving Individual Claims in Class Actions Through Mini-Trials

June 30, 2013 - Class Action Defence Quarterly, Vol. 7, No. 4

Speaking Engagement

Barreau de Québec, conference, “Développements récents au Québec, au Canada et aux États-Unis collectif”

Mar. 21, 2013

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

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

The Legal 500 Canada—Dispute Resolution: Québec (Recommended)

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—Class Actions; Litigation: Corporate Commercial

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

Bar Admissions

Ontario, 2001
Québec, 1999

Education

McGill University, BCL/LLB, 1998
Université Laval, French Cert., 1994
McGill University, BA (Liberal Arts & Philosophy), 1994

Professional Affiliations

Young Canadian Arbitration Practitioners

Teaching Engagements

Nick has lectured at the Québec Bar School, teaching a course on international arbitration. He also presented a seminar in Arusha, Tanzania, on trial advocacy techniques for prosecutors at the International Criminal Tribunal for Rwanda, which was prosecuting crimes against humanity committed during the 1994 Rwandan genocide.