Shaw Communications Inc.

Successfully acted for Shaw Communications Inc. in a landmark trial before the Competition Tribunal and subsequent appeal before the Federal Court of Appeal challenging the company’s C$26-billion merger with Rogers Communications Inc. This was the largest case ever heard by the Tribunal and the first pre-closing merger challenge to go to trial before the Tribunal. This case won Commercial Litigation Team of the Year at the 2023 Canadian Law Awards.

Confidential Client

Acted for a leading global services provider and its Canadian subsidiary in a high-stakes arbitration relating to the termination of a series of long-term services agreements.

LG Electronics

Acted for LG Electronics and its Canadian and U.S. subsidiaries in multiple class actions commenced across Canada. The class actions alleged that LG and a number of other electronics companies engaged in a price-fixing conspiracy in connection with the sale of optical disk drives and products containing them, and included a certification motion in the British Columbia Supreme Court and subsequent appeal in the British Columbia Court of Appeal and Supreme Court of Canada.

McKesson Canada Corporation and McKesson Corporation

Acted for McKesson Canada Corporation and McKesson Corporation in a $200-million contractual indemnity claim arising out of the purchase of the Rexall Pharmacy Business and tort claims for alleged fraudulent misrepresentations in contract negotiation.

Royal Group, Inc.

Acted for Royal Group, Inc. in its successful defence of a wrongful dismissal action commenced by its former Chief Financial Officer. The action was dismissed by Justice Myers of the Ontario Superior Court of Justice in July 2017, following a three-week trial in the Commercial List. Royal Group prevailed on every issue, proving that the Plaintiff's role in certain related party transactions gave rise to cause for dismissal notwithstanding that the Plaintiff had previously been acquitted of criminal charges brought against him in respect of those transactions.

Sistem Muhendislik Insaat Sanayi Ve Ticaret Anonim Sirketi

Acted for Sistem Muhendislik Insaat Sanayi Ve Ticaret Anonim Sirketi, a Turkish construction company, in its application before the Superior Court of Justice in Ontario for the recognition and enforcement of an arbitration award rendered against the Kyrgyz Republic in a case of illegal expropriation of an hotel it owned and operated in Bishkek, capital city of Kyrgyzstan.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in defence of multi-billion dollar class actions in Ontario and Québec alleging breaches of the public disclosure requirements under provincial securities legislation concerning Barrick's Pascua Lama mining project in Chile and Argentina.

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.

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.

Potash Corporation of Saskatchewan (now known as Nutrien Ltd.)

Acted for Potash Corporation of Saskatchewan (now known as Nutrien Ltd.) in proceedings before the Courts of Saskatchewan. This was a multi-billion dollar dispute over the ownership of potash reserves in the world's largest potash mine in Esterhazy, Saskatchewan, and gave rise to more than 100 days of discovery, numerous interlocutory motions as well as an appeal to the Saskatchewan Court of Appeal. The case was settled shortly before the commencement of a lengthy trial in Saskatoon, on terms satisfactory to Potash Corporation.

Coventree Inc.

Acted for Coventree Inc. in defending enforcement proceedings brought against Coventree and two of its officers by Staff of the Ontario Securities Commission following the collapse of the $35-billion asset-backed securities market in August 2007. A number of allegations made against Coventree were dismissed following a lengthy trial at the OSC. This was the only matter that proceeded to trial following the collapse of the ABCP market in 2007.

Bulletin

No Need to Disclose “Unsolicited, Inexpert, Premature and Unreliable” Opinions

Aug. 16, 2022 - Overview The Court of Appeal for Ontario has confirmed that a public company acted properly and lawfully when it decided not to disclose to the investing public an opinion received from an external consultant that questioned the economic viability of the company’s main asset, in circumstances...

Speaking Engagement

Co-chair, Law Society of Ontario, Class Actions: Update for Litigators 2021; Webcast

Jan. 22, 2021

Speaking Engagement

Canadian Lawyer Magazine, “Commercial Litigation Update: Top Trends Impacting Clients Going into 2021”; Webcast

Nov. 05, 2020

Bulletin

Supreme Court of Canada Rules in Nevsun Resources Ltd. v Araya

Feb. 28, 2020 - The Supreme Court of Canada has rendered its decision in Nevsun Resources Ltd. v Araya, stating that customary international law (CIL) norms are directly incorporated into Canadian law and that claims such as the ones advanced in this case may be considered by Canadian courts. The case...

Speaking Engagement

The Advocates’ Society, “Top Class Action Cases of 2019”

Jan. 20, 2020

Speaking Engagement

Moderator, The Advocates’ Society, “A Litigator’s Guide to the Business of Law”

Nov. 02, 2019

Speaking Engagement

Ontario Bar Association, 7th Annual Professional Issues for Business Lawyers, “Privilege and Board Meeting Minutes”

Oct. 23, 2019

Bulletin

Supreme Court to Rule on Novel Claims Against Canadian Multinationals Operating Abroad

Jan. 22, 2019 - The Supreme Court of Canada will hear an appeal in Araya v Nevsun Resources Ltd on January 23, 2019. The case involves a mine in Eritrea that is majority-owned and operated by a subsidiary of a Canadian company. At issue in the appeal is whether Eritrean nationals who allege that they...

Speaking Engagement

Moderator, Law Society of Ontario, Class Actions Update

Nov. 08, 2018

Bulletin

Court of Appeal Opens the Floodgates to Umbrella Purchaser Claims in Ontario (For Now)

Oct. 26, 2018 - In Shah v LG Chem Ltd., the Court of Appeal for Ontario considered whether “umbrella purchasers” can assert statutory and common law claims in connection with alleged price-fixing conspiracies. Umbrella purchasers are those who purchase products directly or indirectly from...

Speaking Engagement

Guest Lecturer, Osgoode Hall Law School, Master of Financial Accountability Program, “Directors’ Duties”

Sept. 01, 2018

Speaking Engagement

Moderator, Centre for Israel and Jewish Affairs and UJA Federation of Greater Toronto, Combating Hate Speech and Anti-Semitism Conference, “Dealing with Online Hate”

Feb. 13, 2018

Speaking Engagement

Guest Lecturer, Osgoode Hall Law School, Master of Financial Accountability Program, “Directors’ Duties”

Nov. 01, 2017

Guide

Developments in the Law of Evidence: The 2015-2016 Term, co-author

Jan. 27, 2017 - Supreme Court Law Review (LexisNexis Canada)

Speaking Engagement

The Advocates’ Society, Sixth Annual Securities Symposium, “Cutting Edge Issues and Practice Tips in Secondary Market Class Actions”

Sept. 12, 2016

Article

Litigating Class Actions: Canada vs United States, co-author

May 31, 2016 - Lexpert

Bulletin

Ontario Court of Appeal Denies Leave to Appeal Nortel Allocation Decision

May 04, 2016 - On May 3, 2016, the Court of Appeal for Ontario released its decision (Leave Decision) denying leave to appeal from Justice Newbould’s allocation of the proceeds of sale of the remains of the Nortel Networks group of companies (Allocation Decision). The main points arising from the decision are as...

Speaking Engagement

Guest Lecturer, Osgoode Hall Law School, Business Law LLM Program, Corporate Governance Course

Apr. 01, 2016

Guide

Developments in the Law of Evidence: The 2014-2015 Term, co-author

Jan. 31, 2016 - Supreme Court Law Review (LexisNexis Canada)

Guide

Developments in the Law of Evidence: The 2013-2014 Term, co-author

Jan. 31, 2015 - Supreme Court Law Review (LexisNexis Canada)

Guide

Developments in the Law of Evidence: The 2012-2013 Term

Jan. 31, 2014 - Supreme Court Law Review (LexisNexis Canada)