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 fellow of the American College of Trial Lawyers and 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.
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.
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.
Acted 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.
Foreign Public Issuers Take Note: Québec Court Dismisses Securities Class Action for Lack of Jurisdiction
Apr. 22, 2020 - In Chandler v Volkswagen Aktiengesellschaft, the Superior Court of Québec recently dismissed a securities class action brought against Volkswagen Aktiengesellschaft (VW). It did so even though the Court had previously dismissed VW’s jurisdictional arguments at the authorization...
Recent Québec Superior Court Decision Will Lead to Greater Jurisdictional Consistency for National Class Actions
Oct. 03, 2016 - In a judgment handed down on September 23, 2016, in Conseil pour la protection des malades et Simon Busque v Biomet Canada inc., 2016 QCCS 4574, 1 the Québec Superior Court ordered a stay of proceedings in an application for authorization to institute a class action filed by the Conseil...
Secondary Market Liability: Supreme Court of Canada Clarifies the Screening Mechanism for Class Actions
Apr. 20, 2015 - In Theratechnologies inc v. 121851 Canada inc., 1 the Supreme Court of Canada ruled for the first time on a case involving the new secondary securities market liability regimes. These regimes, which have been adopted in most Canadian provinces, facilitate actions by investors when...
Parent Company Liability for Foreign Subsidiary’s Actions – Alarming New Trend?
Nov. 07, 2014 - A recent lawsuit in British Columbia is the latest example of an emerging trend in which plaintiffs are seeking to hold parent companies liable in negligence in relation to the actions of their foreign subsidiaries. Residents of Guatemala are suing Tahoe Resources Inc., a Canadian mining company...
International Arbitration Q&A
Dec. 31, 2013 - Talklaw Global
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
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
Barreau de Québec, conference, “Développements récents au Québec, au Canada et aux États-Unis collectif”
Mar. 21, 2013
American College of Trial Lawyers—Fellow
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/Antitrust (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—Class Actions; Litigation: Corporate Commercial
The Best Lawyers in Canada—Appellate Practice; Class Action Litigation; Corporate and Commercial Litigation