Maple Leaf Foods Inc., 2025
Acting for Maple Leaf Foods Inc., as well as several current and former executives of the company, in complex litigation pending before the Ontario Superior Court of Justice against Grupo Bimbo S.A.B. de C.V. and Canada Bread Company, Ltd. involving claims of more than C$2.2 billion arising from the 2014 sale of Canada Bread to Grupo Bimbo, as well as allegations concerning price-fixing in the bread industry in Canada.
StarKist Company and Dongwon Industries Company Limited, 2025
Successfully represented StarKist Company and Dongwon Industries Company Limited in class action proceedings commenced in Ontario alleging anti-competitive behaviour in the market for canned tuna. Davies successfully defeated certification in the Ontario Superior Court and that decision was upheld by the Court of Appeal for Ontario and the Supreme Court of Canada.
Manitoba Liquor & Lotteries Corp., 2025
Acting for Manitoba Liquor & Lotteries Corp., a member of the Canadian Lottery Coalition, in the first-of-its-kind litigation seeking to bar offshore online gambling site Bodog from operating or advertising in the province.
U.S. public company, 2024
Acting for a U.S. public company in responding to a ransomware attack with cross-border implications.
British Columbia Civil Liberties Association, 2024
Acting on a pro bono basis for the British Columbia Civil Liberties Association as intervener before the Supreme Court of Canada in John Howard Society of Saskatchewan v. Saskatchewan (Attorney General), a constitutional challenge of certain provisions applicable to the adjudication of disciplinary offences in Saskatchewan correctional facilities.
Confidential client, 2024
Acted for a public company in defence of a proposed securities class action alleging misrepresentations contrary to the Securities Act (Ontario) in connection with government contracting and the importation of goods.
Saline Investments Ltd., 2024
Acted for Saline Investments Ltd. in successfully defending against enforcement proceedings commenced by the Ontario Securities Commission alleging violations of the Securities Act (Ontario) in respect of certain short selling and securities lending transactions. This decision was named one of the top 10 business decisions of 2024 by Law360 Canada.
Google LLC, 2024
Defending Google LLC and Google Canada Corporation in an application launched by the Commissioner of Competition before the Competition Tribunal in late November 2024 concerning allegations of abuse of dominance in the digital display advertising technology, or "ad tech", industry. In the application, the Commissioner seeks, among other things, an order requiring Google to divest significant assets as well as potentially compelling the payment by both companies of administrative monetary penalties of up to 3% of their worldwide gross revenues.
Continental Casualty Company, 2024
Successfully defended Continental Casualty Company (CNA) in the Ontario Superior Court of Justice in a class action in which billions of dollars of claims were asserted by or on behalf of thousands of businesses throughout Canada for business interruption coverage arising from the COVID-19 pandemic. This matter was decided by a Justice of the Commercial List in early June 2023 in favour of CNA and other insurers following a multi-week common issues trial. This is the first case to determine authoritatively at trial in Canada that the SARS-CoV-2 virus does not cause “physical loss or damage to property”, and that mere loss of use of property resulting from the COVID-19 pandemic does not trigger coverage under ordinary commercial property insurance policies. This decision was named one of the top 10 business decisions of 2024 by Law360 Canada.
Allstate Insurance Company of Canada, 2024
Acting as co-counsel to Allstate Insurance Company of Canada in defence of a class action seeking statutory overtime, vacation and holiday pay on behalf of thousands of current and former Allstate employees.
Newmont Mining Corporation (now known as Newmont Corporation) and other defendants, 2024
Acted for Newmont Mining Corporation, Fronteer Gold Inc. and its founder Mark O’Dea in a successful defence against a claim for over C$1.2 billion in damages and other relief asserted by Jacqui Safra and his holding company, NWG Investments Inc. Safra alleged fraud and misrepresentation concerning a transaction in which Fronteer acquired a mineral exploration company he founded and controlled. Safra’s claim was commenced after the newly formed Government of Nunatsiavut imposed a moratorium on uranium mining in April 2008. Justice Steele of the Superior Court of Ontario dismissed the claim on the grounds of delay in August 2023. Mr. Safra’s appeal from the decision of Justice Steele was dismissed from the bench by the Court of Appeal for Ontario in May 2024.
Potentia Renewables Inc., 2024
Acted for Potentia Renewables Inc. and its affiliates in a contractual dispute with the Independent Electricity System Operator (IESO) regarding Potentia's right to optimize solar projects.
Confidential Client, 2024
Acted for a global supplier of medical devices in responding to a ransomware incident.
Confidential client, 2024
Acted for a Canadian nonprofit research organization in connection with a dispute with its former general counsel and related investigation.
Confidential Client, 2024
Acted for a confidential client in a series of disputes related to one of Canada’s most significant ongoing PPP projects.
Louis Dreyfus Company Canada, 2024
Acting for Louis Dreyfus Company Canada in prosecuting injunction proceedings relating to its operations in Port Cartier, Quebec.
The Airport Authority of India, 2024
Acting for the Airports Authority of India in defending against the enforcement of foreign arbitral awards issued against the Republic of India, including on the basis of foreign state immunity.
Atlantic Lottery Corporation, British Columbia Lottery Corporation, Manitoba Liquor and Lotteries, Lotteries and Gaming Saskatchewan, 2024
Acting for provincial lottery corporations representing seven out of 10 provinces in a criminal law reference before the Court of Appeal for Ontario concerning the scope of a province’s authority to conduct and manage online gambling with international aspects.
Confidential client, 2024
Advised a public mining company in relation to planning for and responding to data security incidents.
Grup Mediapro S.L.U., 2024
Acted for Grup Mediapro S.L.U. in a litigation settlement with CSB, LP, culminating in a transaction pursuant to which Mediapro sold its Canadian business, consisting of the OneSoccer Channel, to CSB.
Onex Corporation, 2024
Acted for Onex Corporation in its successful application for judicial review of the amended Income Tax Act before the Federal Court of Canada.
Manufacturer of aircraft components, 2024
Acting for a manufacturer of aircraft components in a confidential dispute with its customer.
Confidential client, 2024
Acting for the heir of a substantial estate in connection with multi-jurisdictional shareholder and fraud litigation and investigations.
Association for the rights of household and farm workers, 2023
Acting for the plaintiff Association for the rights of household and farm workers in seeking authorization to institute (certification) a class action that would challenge the constitutionality of “closed” work permits issued by the government of Canada, which restrict the ability of migrant workers to change employers and makes them vulnerable to several forms of exploitation, abuse, and human and labour rights violations, and to seek compensation on behalf of these migrants.
Insolvency Institute of Canada, 2023
Acted for the Insolvency Institute of Canada (IIC) as an intervener before the Supreme Court of Canada in Aquino v. Ernst & Young (Aquino) and Scott v. Golden Oaks (Golden Oaks), two important commercial cases concerning corporate attribution and set-off in the bankruptcy and insolvency context. These decisions were named #2 of the top 10 business decisions of 2024 by Law360 Canada.
Shaw Communications Inc., 2023
Successfully acted for Shaw Communications in landmark trial and appellate proceedings in which the Government of Canada challenged the company’s C$26-billion merger with Rogers Communications, the largest contested merger case ever heard in this country. This case was named the #1 business decision of 2023 by Law360 Canada and one of Lexpert’s Top 10 Business Decisions of 2023.
Giant Tiger, 2023
Acting for Giant Tiger in defence of a class action in Québec for alleged “greenwashing”, or misleading environmental claims, of recyclable bags.
National Beef Packing Company, 2023
Acting for National Beef Packing Company in antitrust class actions commenced in Québec and British Columbia alleging a supply and price-fixing conspiracy in respect of cattle and beef.
Morgan Stanley Capital Group Inc., 2023
Acting for Morgan Stanley in class action proceedings in Québec and in Ontario taken against it and other banks and financial institutions, alleging the manipulation of the market for precious metals.
Priceline.com and Kayak.com, 2023
Acting for Priceline.com and Kayak.com in defence of a drip pricing class action filed in the Superior Court of Québec.
Lerøy Seafood Group, 2023
Acting for Lerøy Seafood Group, a seafood production and distribution company based in Bergen, Norway, in defending a proposed Federal Court of Canada class action, which alleges that Lerøy and the other defendants colluded to fix the global and North American supply and prices of salmon.
Liquidators of an estate, 2023
Acted for the liquidators of an estate valued at over $100 million in connection with a challenge to the testator's will on grounds of incapacity and undue influence.
Moez Kassam and Anson, 2023
Acting for Moez Kassam and Anson funds in pursuing claims for defamation and conspiracy, arising from a series of false and defamatory statements published about them anonymously on the internet.
Nemaska Lithium Inc., 2023
Acted for Nemaska Lithium Inc. in proceedings instituted by Victor Cantore requesting that Nemaska be compelled to convey him a 3% net smelter return royalty on all metals extracted from Nemaska's Whabouchi mine.
Shareholder in a beverage production and distribution company, 2023
Acting for a significant shareholder in a major alcoholic and non-alcoholic beverage production and distribution company in oppression litigation.
Confidential client, 2023
Acted for the claimant in a C$1.1-billion ICC arbitration regarding a major Canadian infrastructure project.
High-tech company, 2023
Acting for a high-tech company in a C$5-million lawsuit filed by its former President, alleging, among other things, constructive dismissal.
Canadian Women’s National Soccer Team Players’ Association, 2023
Advising the Canadian Women's National Team in their high-profile dispute against the national federation, Canada Soccer, for fair treatment and wages.
Gotham Green Partners, LLC, 2023
Acting as counsel to Gotham Green Partners, LLC in defence of a petition seeking to unwind the debt restructuring transaction of iAnthus Capital Holdings Inc.
Keurig Canada Inc., 2022
Acted for Keurig Canada Inc. in a follow-on class action brought relating to advertisements of the recyclability of single-serve, single-use plastic beverage capsules known as K-Cup pods.
Gotham Green Partners, LLC, 2022
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.
Confidential Client, 2022
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.
Regional Municipality of Halton, 2022
Acted as counsel to the Regional Municipality of Halton, the Town of Milton, the Halton Region Conservation Authority and other municipalities in a constitutional challenge concerning the enforcement of dozens of provincial and municipal laws in respect of a major industrial development that the Canadian National Railway Company intends to proceed with in Milton and Halton. The matter was heard by a Justice of the Superior Court of Ontario in May and June, 2022.
SK hynix Inc. and SK hynix America Inc., 2022
Successfully represented SK hynix Inc. and SK hynix America Inc. in their defence of multiple class actions across Canada alleging anticompetitive conduct in respect of the sale of dynamic random-access memory (DRAM) chips, including with respect to cross-border issues arising out of parallel U.S. class actions. Davies successfully defeated certification in the Québec Superior Court, the Quebec Court of Appeal, the Federal Court of Canada and the Federal Court of Appeal, a result that is rarely seen in competition class actions.
Ralph Reichmann, 2022
Acted as lead counsel for Ralph Reichmann, the patriarch of a wealthy and successful Canadian family, in defending claims against him and his wife brought by his son, Abraham Reichmann, in relation to events that span over 40 years and concern, among other things, oppression and breaches of fiduciary duties in relation to notable family-owned enterprises and numerous trusts.
Confidential client, 2022
Acted for a public mining company in responding to a ransomware attack affecting its mining operations in British Columbia.
Kamaya Electric Co. Ltd. and Kamaya, Inc., 2022
Acted for Kamaya Electric Co. Ltd. and Kamaya, Inc. in a class action alleging price-fixing in respect of linear resistors sold directly and indirectly into the Canadian market.
Hostess Brands LLC, 2022
Acting for Hostess Brands LLC in pursuing claims valued at approximately C$109 million arising from its C$425-million acquisition of Voortman Cookies Limited in 2020.
Plenary Group, 2022
Acting for Plenary Group, a leading investor, developer and operator of public infrastructure in North America, in confidential adjudication and arbitration disputes arising in respect to certain P3 projects.
Apotex Inc., 2022
Acting for Apotex Inc. and related entities in defending a class action commenced in the Federal Court of Canada alleging anti-competitive conduct regarding the sale of generic drugs in Canada.
Baffinland Iron Mines LP and Baffinland Iron Mines Corporation, 2021
Acted as counsel for Baffinland Iron Mines LP and Baffinland Iron Mines Corporation (together, “BIM”) in a high-stakes application to set aside or overturn an arbitral award of more than $114 million in damages. The resulting appeal in this case resulted in an important decision rendered by the Ontario Court of Appeal in April 2023 that addresses the circumstances in which an arbitration agreement will be interpreted as excluding rights of appeal, the application of the presumption of consistent expression in the interpretation of Canadian contracts, and the narrow circumstances in which a refusal to grant leave to appeal by a Superior Court may be appealed directly to the Court of Appeal.
DENSO International America, Inc. and Denso Sales Canada, Inc., 2021
Successfully acted for the Denso Group in its opposition to class action authorization proceedings before the Superior Court of Québec. Plaintiff sought to represent all buyers/lessees of certain motor vehicles models allegedly equipped with defective fuel pumps that would have been manufactured by the Denso Group. Davies successfully defended Denso and obtained the dismissal of the proposed class action.
OMERS Administration Corp and OMERS Private Equity Inc., 2021
Acting for OMERS Administration Corporation and OMERS Private Equity Inc. in five separate lawsuits filed by former employees of OMERS Private Equity, including one that initially claimed C$65 million in damages. The plaintiffs allege, among other things, breach of a long-term compensation plan.
Mohawk Industries Inc., 2021
Acting for Mohawk Industries Inc. in defence of a proposed class action in Ontario alleging anti-competitive conduct in the condominium refurbishment industry.
Canadian Real Estate Association, 2021
Acting for the Canadian Real Estate Association (CREA) to defend a proposed class action in the Federal Court alleging that CREA’s rule regarding broker commissions is anti-competitive.
Rio Tinto Limited, 2021
Acting for Rio Tinto Limited in relation to its US$6.7-billion Oyu Tolgoi project in a proposed class action filed in the district of Montréal seeking leave proceed under the Securities Act (Québec) and certification under the Québec Code of Civil Procedure. Oyu Tolgoi is one of the world's largest new copper-gold mines and is located in the South Gobi region of Mongolia, approximately 550 km south of the capital, Ulaanbaatar, and 80 km north of the Mongolia-China border.
Occidental Chemical Corporation and Oxy Canada Sales Inc., 2021
Acting for Occidental Chemical Corporation and Oxy Canada Sales Inc. in antitrust class actions commenced in the Federal Court of Canada and in Québec, alleging that Occidental, together with a number of other chemical manufacturers, engaged in a price-fixing conspiracy in connection with the global sale of caustic soda, also known as sodium hydroxide (NaOH) or lye.
YMCA of Southwestern Ontario, 2021
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.
Gorski Group Ltd., 2021
Acting for Gorski Group Ltd. in its claim against Absolunet Inc. resulting from the parties' contract for the creation of a new e-commerce website.
A large institutional investor, 2021
Acted for a large institutional investor in connection with its cybersecurity insurance coverage.
A former senior employee, 2021
Acted for a former senior employee claiming an indemnity in lieu of notice following his termination without cause by a holding company.
Hydro One Inc., 2021
Acted for Hydro One Inc. in the defence of a high-profile employment-related claim advanced in the context of governance changes at Hydro One following the 2018 Ontario Provincial Government election.
The Honourable Morris J. Fish - Independent Review Authority, 2021
Acted as counsel to the Honourable Morris J. Fish, appointed Independent Review Authority by the Minister of National Defence, in connection with the preparation of his report on specified provisions of the National Defence Act and their operation.
TransAlta Corporation, 2021
Acted for TransAlta Corporation in defending an oppression action brought by Mangrove Partners, a minority shareholder. Mangrove sought to set aside a $750-million strategic transaction entered into between TransAlta and Brookfield Renewable Partners.
Turquoise Hill Resources Ltd., 2021
Acted for Turquoise Hill Resources Ltd. in confidential arbitration proceedings under the British Columbia International Commercial Arbitration Act against its majority shareholder, Rio Tinto International Holdings Limited, in connection with the Oyu Tolgoi mine, one of the largest known copper and gold deposits in the world.
Phi Centre Inc. et al., 2021
Acted for Phi Centre Inc., Phi Group Inc., Diving Horse Creations Limited and Phoebe Greenberg (collectively the Plaintiffs) in an action against Giuseppina Mancuso, her husband Bayard Whittall and his related company, Two Monsters Inc.
Confidential Client, 2021
Acted for a confidential client in an action against a former service provider and software developer who misappropriated software and other electronic information, including valuable and proprietary software.
Members of Canada's National Artistic Swimming Teams, 2021
Representing on a pro bono basis five members of Canada's national artistic swimming teams (formerly called synchronized swimming) in a class action lawsuit brought against their national sporting organization, Canada Artistic Swimming (CAS), for failing to protect them and their fellow athletes from psychological abuse, neglect and harassment.
ING Bank NC, 2021
Acted for ING Bank NC against the Republic of Zimbabwe for the enforcement in Canada of a foreign judgment relating to a default under various loan facilities.
Groupe BMTC Inc. (formerly Brault & Martineau Inc. and Ameublements Tanguay Inc.), 2021
Acting for Groupe BMTC Inc. (formerly Brault & Martineau Inc. and Ameublements Tanguay Inc.) in defence of a class action instituted against large retailers in Québec claiming that their advertisement informing of the availability of consumer credit contravenes the provisions of the Consumer Protection Act and the Regulation respecting the Application of the Consumer Protection Act.
Laurentian Bank of Canada, 2021
Acting for Laurentian Bank of Canada, a secured creditor of Kanwal Inc., in the latter's restructuring and receivership proceedings.
A real estate company, 2021
Acted for a real estate company arbitrating the fair market value of properties in and adjustments applicable to a $500-million real estate portfolio being divided with a former partner.
ECN Capital, 2021
Acting for ECN Capital in a claim for over $25 million in damages filed against Bombardier Inc. in the Superior Court of Québec.
A multinational automobile equipment supplier, 2021
Acted for a multinational automobile equipment supplier in connection with insurance claims relating to losses suffered as a result of the COVID-19 pandemic.
Creditors, 2021
Acted for several creditors in applications to enforce in Canada arbitration awards and judgments rendered against the Republic of Iraq.
A holding company, 2021
Acted for a holding company in defending contract and related intellectual property claims brought by a former shareholder of a portfolio company.
Vale Canada Limited, 2021
Acting for Vale Canada Limited in a proceeding before the Ontario Superior Court of Justice (Commercial List) involving claims for damages by Vale of more than $650 million in connection with alleged breaches by Solway Group, an Eastern European mining company, of various royalty agreements relating to a nickel mining project in Guatemala.
Les avocats et notaires de l'état québécois (LANEQ), 2021
Successfully acted for Les avocats et notaires de l'État québécois (LANEQ), the professional union representing the vast majority of the lawyers and notaries employed by the Government of Québec in its public service or by other mandataries of the State (Agence du revenu du Québec, Régie de l'énergie, Autorité des marchés financiers and Autorité des marchés publics), in its negotiations with the Government of Québec, including for the reform of its members' collective bargaining plan. The Government of Québec and LANEQ concluded an agreement establishing a joint committee to determine whether the lawyers and notaries of the Québec civil service have a distinctive character. If so, the Government has undertaken to reform their collective bargaining regime. The agreement was qualified as “historic” by both parties.
Égale Canada Human Rights Trust Inc., 2021
Acting for Egale Canada, Canada's only national non-profit organization devoted to the promotion of two-spirited, lesbian, gay, bisexual, trans, queer and intersex rights, as an intervenor in a constitutional challenge to provisions of the Civil Code of Québec that infringe upon rights of trans, non-binary and intersex individuals and their children. In a major victory for human rights, the Superior Court of Quebec declared six provisions unconstitutional. An appeal to the Quebec Court of Appeal was heard in April 2022 and is currently under reserve.
An institutional investor, 2021
Acted for an institutional investor in responding to a major ransomware attack involving critical infrastructure facilities in which the client holds a substantial interest, including with respect to related litigation.
Certain shareholders of Mason Graphite, 2020
Acted for Mr. Fahad Al-Tamimi and other concerned shareholders of Mason Graphite Inc. in their successful efforts to replace the board of Mason with a new slate of directors to maximize the company's opportunities and enhance shareholder value.
HSBC Bank of Canada, 2020
Acting for HSBC Bank of Canada in its capacity as operating lender and DIP lender to Ernest Enterprises (Mtl) Ltd.
Aéroports de Montréal, 2020
Acting for Aéroports de Montréal (ADM) as intervenor in a construction dispute between Bombardier Inc. (Bombardier) and Axor Group Inc. (Axor) relating to allegations of faulty performance of a "turnkey" contract. Axor designed and built an aircraft hangar for Bombardier on land leased by ADM. Bombardier alleges that Axor failed to connect certain waste water drains, located at the bottom of the Hangar's recovery gutters, to the underground recovery tank. This would have resulted in contaminated water being discharged into the soils of the land on which the Hangar is located.
Skatteforvaltningen (The Tax and Customs Agency of the Kingdom of Denmark), 2020
Acting for the Tax and Customs Agency of the Kingdom of Denmark against three Canadian pension plans to recover tax refunds that were discovered to have been paid out improperly in the context of a worldwide fraudulent tax refund scheme involving over 12.7 billion DKK paid out between 2012 and 2015.
Maxit Capital LP, 2020
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.
Insolvency Institute of Canada, 2020
Acted for the Insolvency Institute of Canada in connection with its intervention before the Québec Court of Appeal in the Québec controversy involving the application of section 243 of the Bankruptcy and Insolvency Act and, more specifically, the right of hypothecary creditors to have a receiver appointed and their obligation to provide timely prior notice of the exercise of a hypothecary right.
EDF Renewables Canada Inc., 2020
Acted for EDF Renewables Canada Inc. in a tax appeal before the Tax Court of Canada to determine if three wind-farm facilities in Québec constitute inventory or capital property for tax purposes.
The Federal Republic of Nigeria, 2020
Acting on behalf of the Federal Republic of Nigeria in Canadian proceedings involving the country's efforts to recover assets, including a private jet, from the key figure in the "Malabu Oil Scandal," one of Africa's biggest corruption cases.
René Allard, on behalf of retired management personnel of the Government of Québec and their spouses, 2020
Acting for class representative René Allard in a class action proceeding regarding constitutional damages against the government of Québec on behalf of retired members of Québec's public and parapublic sectors' management personnel, as well as their spouses, whose retirement pension indexing was unilaterally suspended and retrospectively modified by a statute adopted by the Québec National Assembly. The class action was authorized by the Québec Court of Appeal.
Delta Air Lines, 2020
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.
Groupe Latécoère, 2020
Acted for Groupe Latécoère, a portfolio company of Searchlight Capital Partners, in its acquisition from Bombardier Inc. and certain of its affiliates of the assets relating to electrical wiring interconnection activities for the production of main and sub-electrical harnesses for commercial and business aviation programs.
A significant real estate investment fund, 2020
Acted for a significant real estate investment fund in an arbitration relating to the termination of an offer to purchase a property to establish a crypto-mining facility and a dispute relating to the release of a purchase price of $3.5 million held in trust by a third party.
McKesson Corporation and McKesson Canada Corporation, 2020
Acting for McKesson Corporation and McKesson Canada Corporation to defend a high-profile proposed class action brought by the Province of British Columbia on behalf of all Canadian provincial governments, as well as the Federal government, against manufacturers and distributors of opioids seeking to recover health care costs related to the opioid crisis. Also acting for McKesson in additional opioid-related proposed class actions.
Kildair Service ULC, 2020
Acting for Kildair Service ULC, a distributor of heavy fuel oil (among other things), before the Québec Superior Court in a multi-million dollar dispute involving the proper interpretation of a number of statutes and regulations related to the contributions payable to the Energy Transition Regime and the Green Fund.
Succession René G. Lépine, 2020
Acting for Succession René G. Lépine in its defence to a $25-million claim by the syndicate of the co-owners of residential towers in downtown Montréal in relation to alleged construction defects.
Denso Corporation, 2020
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.
Confidential, 2020
Acted for the plaintiff, an operator of a globally ranked, leading amusement park and resort, in connection with proceedings before the ICC International Court of Arbitration regarding a product liability claim against the defendant, an amusement park ride manufacturer.
Glencore Canada Corporation, 2020
Acted for Glencore Canada Corporation in multiple appeals under the Mining Tax Act, RSO, 1990, c M. 15, before the Superior Court of Justice.
CGC Inc., 2020
Acted for CGC Inc. in its appeal regarding the fair market value of gypsum to the Ontario Superior Court of Justice.
Martin Coiteux, 2020
Acted for Martin Coiteux, former Minister of the Government of Québec, in a lawsuit for damages instituted by Marcel Forget, a former executive of UPAC, against the Government of Québec following the resignation.
Canadian Chamber of Commerce, 2020
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.
Confidential Client, 2020
Acting for a large international bank in connection with an alleged global price-fixing conspiracy related to supra-sovereign, sovereign and agency bonds (SSA bonds).
Canadian Chamber of Commerce, 2020
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.
Fédération des médecins spécialistes du Québec, 2020
Acted for the Fédération des médecins spécialistes du Québec (FMSQ) in defence of a class action relating to fees charged to patients. The group representatives allege that the FMSQ prompted its members to charge certain fees to insured patients in violation of the Health Insurance Act.
Epic Games Inc. and Epic Games Canada ULC, 2019
Acting for Epic Games Inc. of North Carolina and its Canadian subsidiary Epic Games ULC in relation to a class action by users of the popular video game Fortnite.
World Sikh Organization of Canada, 2019
Acting on a pro bono basis for the World Sikh Organization of Canada and its vice-president for Québec, Amrit Kaur, in their constitutional challenge of the Act respecting the laicity of the State, which prohibits the wearing of religious symbols by certain public sector employees.
Canadian Malartic GP, 2019
Acting for Canadian Malartic GP, an impleaded party in an application for judicial review to obtain the annulment of a governmental decree.
A large Canadian general contractor, 2019
Acted for one of Canada's largest general contractors making a $40-million claim in an arbitration relating to the construction of a hydro-electric dam.
Bona Realties Limited, 2019
Acting for Bona Realties Limited in connection with a $27-million indemnity claim following the City of Montréal's expropriation of a large vacant property in Griffintown in order to turn it into a public park.
Liquor Control Board of Ontario, 2019
Acted for the Liquor Control Board of Ontario in defending claims asserted against it for approximately $1.5 billion in antitrust class action proceedings pending in the Ontario Superior Court against the LCBO, Brewers Retail Inc. and a number of major brewers. In March 2018, Justice Perell of the Ontario Superior Court granted summary judgment dismissing all claims asserted against the LCBO and the other defendants, and awarded substantial costs of almost $800,000. The decision of Justice Perell granting summary judgment in favour of the LCBO was affirmed by the Ontario Court of Appeal in April 2019.
Defendants, 2019
Acted for a number of offerors, directors and officers in defence of a one-billion dollar securities class action proceeding arising out of the successful joint takeover bid for Baffinland Iron Mines Corporation by Nunavut Iron Ore Acquisition Inc. and ArcelorMittal S.A. The claim alleges takeover bid circular misrepresentations and breach of insider trading provisions under the Securities Act (Ontario) as well as other Canadian securities legislation.
Wärtsilä Canada Inc., 2019
Acted for Wärtsilä Canada Inc., a Finnish based engineering firm, before the Supreme Court of Canada in connection with a product liability litigation which turned on the application of the Civil Code of Québec to a claim governed by Canadian maritime law.
Estate Trustees of Barry Sherman and Honey Sherman, 2019
Acted as counsel to Estate Trustees of Barry and Honey Sherman in proceedings against the Toronto Star involving a request to unseal court files concerning the Shermans’ Estates. The precedent-setting decision by the Supreme Court of Canada in this case created new and important law concerning privacy and court openness.
James MacDonald, 2019
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.
European publicly-traded corporation, 2019
Acted for a publicly traded corporation in connection with a potential investment by an activist fund.
West Face Capital Inc., 2019
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.
Koebra Development Corporation, 2019
Acted successfully for Koebra Development Corporation in response to an application by citizens requesting that municipal authorizations granted in connection with a multi-use real estate development project be revoked.
Canadian Tire Corporation, Limited, 2019
Acted for Canadian Tire in various expropriation matters against the City of Montréal, the Québec Ministry of Transport and the City of Québec in connection with the Réseau Express Métropolitain (REM), the extension of the blue line of the Montréal metro, the Pie-IX Bus Rapid Service (SRB) project and the Réseau structurant de transport en commun.
KSV Kofman Inc. (now known as KSV Restructuring Inc.), 2019
Acted for KSV Kofman Inc. (now known as KSV Restructuring Inc.), as monitor for the Urbancorp Group of Companies, in an appeal concerning whether a certain transaction was a fraudulent conveyance or otherwise voidable by the monitor in connection with Urbancorp's CCAA proceedings.
The Canadian Chamber of Commerce, 2019
Acted for the Canadian Chamber of Commerce, an intervener, in appeals decided by the Supreme Court of Canada on September 20, 2019, arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which clarified the standard for class certification in competition class actions, and settled long-standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.
Canadian Chamber of Commerce, 2019
Acted for The Canadian Chamber of Commerce, an intervener, in appeals heard by the Supreme Court of Canada in December 2018 arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which resolves the standard for class certification in indirect purchaser cases, and settled long standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.
Diverse Clients, 2019
Acted successfully for diverse clients before the Autorité des marchés publics to obtain or renew their authorization to contract and/or to subcontract with a public body in response to a request for information or a notice of refusal.
TransAlta Corporation, 2019
Acted for TransAlta Corporation in defending successfully "public interest" proceedings initiated against TransAlta by Mangrove Partners before the Ontario Securities Commission and Alberta Securities Commission in respect of the election of Directors of TransAlta at its Annual Meeting on April 26, 2019, and concerning a $750 million financing transaction entered into between TransAlta and Brookfield Renewable Partners.
LG Electronics, 2019
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.
An Athlete, 2019
Acted successfully for an athlete before the Sport Dispute Resolution Centre of Canada following an adverse analytical finding.
Association québécoise des pharmaciens propriétaires, 2019
Acting for the Association québécoise des pharmaciens propriétaires in a motion for leave to intervene produced in favour of an application for leave to appeal to the Supreme Court of Canada.
Confidential Clients, 2019
Acting on behalf of various confidential clients regarding investigations by the Québec Permanent Anti-Corruption Unit.
Healthcare Professionals, 2019
Acting for healthcare professionals in an investigation by a Québec governmental body into the practices of the medical products manufacturing industry. The investigation could give rise to administrative, civil, disciplinary and criminal prosecutions.
Association québécoise des pharmaciens propriétaires, 2019
Acting for the Association québécoise des pharmaciens propriétaires in its constitutional challenge of section 22.6 of the Health Insurance Act.
Amicus curiae of the Supreme Court of Canada, 2019
Appointed amicus curiae of the Supreme Court of Canada by the then-chief justice of Canada, Beverley McLachlin, in a case raising a question of criminal law applied in a civil context to insurance contracts rules (Desjardins Financial Security Life Assurance Company v Émond, 2017 SCC 19). The Supreme Court unanimously upheld the amicus curiae's position and dismissed the appeal from the bench.
Honeywell International Inc., 2019
Representing Honeywell International Inc. against an action in damages claiming approximately $14 million in damages, brought by Bombardier Inc. and Short Brothers PLC.
Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac, 2019
Acted successfully for Beauward Real Estate inc., Schokbeton Québec Inc. and Saramac before the Superior Court of Québec, the Court of Appeal of Québec and the Supreme Court of Canada on a challenge of search warrants and production orders issued by a judge and executed in multiple locations by the Québec Revenue Agency as part of the Permanent Anti-Corruption Unit of Québec.
Geneviève Simard, Amélie-Frédérique Gagnon, Gail Kelly and Anna Prchal, 2018
Representing Amélie-Frédérique Gagnon, Gail Kelly, Anna Prchal and Geneviève Simard, who were among the victims of former ski coach Bertrand Charest. He was convicted and sentenced to 12 years in prison on charges related to the sexual assault of athletes. Davies is acting on a pro bono basis.
Secrétariat du travail du Québec, 2018
Appointed by the Minister responsible for Labour to act as special mediator in connection with the labour dispute at ABI's Bécancour aluminium smelter.
Formula E Operations Ltd., 2018
Successfully acted for Formula E Operations Ltd. (FEO) in connection with its claims arising from the City of Montréal's decision to cancel the Montréal ePrix. This includes asserting FEO's claims against the City of Montréal and in the bankruptcy proceedings of Montréal C'est Électrique, a non-profit corporation set up by the City for the purposes of acting as promoter of the Montréal ePrix.
McKesson Canada Corporation and McKesson Corporation, 2018
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.
American International Group Inc., 2018
Acted for a subsidiary of American International Group Inc. in successfully defending a court application brought by The Walt Disney Company regarding the arbitration of a substantial insurance coverage dispute.
World Anti-Doping Agency, 2018
Acting for the World Anti-Doping Agency in defence of a civil action filed in the Ontario Superior Court of Justice by three Russian cyclists who were denied entry to the 2016 Olympic Games in Rio de Janeiro.
Delta Air Lines, 2018
Acting for Delta Air Lines in defending a multi-billion-dollar proposed class action alleging a conspiracy to constrain capacity in the passenger airline industry in North America.
Morgan Stanley Canada Limited, 2018
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.
Cast Steel Products (Canada) Ltd. and Cast Steel Products (US) Ltd., 2018
Acted for Cast Steel Products (Canada) Ltd. and Cast Steel Products (US) Ltd. (CSP) in connection with their litigation against one of their independent sales contractors and certain third parties for having illegally appropriated and made use of confidential commercially sensitive information concerning CSP business and clients.
Bluberi Group Inc., 2018
Successfully acted for 9354-9186 Québec Inc. and 9354-9178 Québec Inc. (formerly known as Bluberi Gaming Technologies Inc. and Bluberi Group Inc.) with regards to (i) appellate proceedings before the Supreme Court of Canada and (ii) their restructuring efforts under the Companies' Creditors Arrangement Act (CCAA). The judges of the Supreme Court, on the bench, unanimously ruled in favour of our clients and overturned the Court of Appeal.
Vale Canada Limited, 2018
Acted for Vale Canada Limited and its affiliates in defending contractual claims before the Supreme Court of Newfoundland and Labrador in an amount of almost C$500 million that were asserted by the Plaintiff under an Option Agreement pertaining to the Voisey's Bay Nickel Project. This case was settled in September, 2018, at the end of the first week of a four month trial that would have involved dozens of lay and expert witnesses. This was the first "hybrid trial" and first electronic trial ever conducted in the Province of Newfoundland and Labrador.
Red Bull Canada Ltd., 2018
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.
Transdev Québec Inc., 2018
Successfully represented Transdev Québec Inc., part of the Transdev Group which is active in 19 countries and is a worldwide reference for sustainable mobility and multi-module transport. Transdev and the local public transportation authority, Réseau de transport métropolitain, were sued by La Québécoise following a call for tenders for a transportation contract by bus, which was won by Transdev at $23 million.
The Law Students' Society of Ontario, 2018
Acted for an intervener, the Law Students' Society of Ontario, in the Trinity Western University et al. v The Law Society of Upper Canada and The Law Society of British Columbia v Trinity Western University et al. appeals before the SCC.
Ontario Lottery and Gaming Corporation, 2018
Successfully acted for the Ontario Lottery and Gaming Corporation in a judicial review application brought by the City of Niagara and the Region of Niagara Falls concerning the selection process for an operator of the Niagara gaming bundle.
Canada Life Company, 2018
Acted as counsel to Canada Life in a significant appeal argued recently in the Court of Appeal for Ontario concerning the proposed rectification of a complex corporate transaction that gave rise to an unintended tax liability measured in the tens of millions of dollars. The appeal is under reserve.
Association québécoise des pharmaciens propriétaires, 2018
Acting for the Association québécoise des pharmaciens propriétaires in a motion for declaratory judgment against the Attorney General of Québec and the Régie de l'assurance maladie du Québec concerning the interpretation of a recent statute adopted by the Québec legislature regarding certain obligations imposed upon all pharmacists in Québec.
Giant Tiger Stores Limited, 2018
Acting for Giant Tiger Stores Limited in its defence of multiple class proceedings commenced across Canada (including Ontario, British Columbia, Saskatchewan, Alberta, Manitoba, Québec and the Federal Court) relating to alleged price-fixing of commercial bread products in Canada at the wholesale and retail levels.
Confidential Arbitration, 2018
Successfully arbitrated a contractual dispute for a Québec-based client in the retail products industry. The dispute involved synthesizing the 20 year history of a series of multi-lateral relationships and resulted in a complete victory for Davies' client.
Confidential Client, 2018
Advising and assisting a whistleblower to make a detailed confidential/anonymous whistleblower submission to the Ontario Securities Commission under the OSC's Whistleblower Program in respect of securities fraud and misleading disclosure in the exempt market.
Groupe Vision New Look Inc., 2018
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.
Honeywell International Inc., 2018
Representing Honeywell International Inc. against Bombardier Inc. in the context of a $450-million claim in relation to various contracts for the supply by Honeywell of aircraft propulsion units for Bombardier's Challenger 300, Challenger 350 and CSeries programs.
