Grup Mediapro S.L.U.

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.

Legion Partners Asset Management

Acted for U.S. activist shareholder Legion Partners Asset Management in connection with its campaign for operational change and board seats on the board of Primo Water Corporation, a TSX-NYSE listed pure-play water solutions provider in North America and Europe. Legion’s campaign included the commencement by Legion of an oppression Application in the Superior Court of Ontario concerning the legality of Primo’s Advance Notice By-Laws. It culminated in an agreement to appoint two Legion nominees to the Primo board and Primo agreeing to adopt certain corporate governance enhancements, including changes to its advance notice bylaw provisions.

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 and was named the #1 business decision of 2023 by Law360 Canada.

Confidential client

Acting for the claimant in a C$1.1-billion ICC arbitration regarding a major Canadian infrastructure project.

Centerra Gold Inc.

Acted for the special committee of independent directors of Centerra Gold Inc. in successfully obtaining approval of a contested plan of arrangement under the Canada Business Corporations Act in relation to the global arrangement agreement between Centerra, Kyrgyzaltyn JSC and the Government of the Kyrgyz Republic.

TransAlta Corporation

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.

McKesson Corporation and McKesson Canada Corporation

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.

TransAlta Corporation

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.

Vale Canada Limited

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 $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.

Ontario Lottery and Gaming Corporation

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.

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.

Detour Gold Corporation

Acted for Detour Gold Corporation in a securities class action involving alleged breaches of the public disclosure requirements of the Securities Act (Ontario) in relation to the company's production and cost guidance during the ramp-up of the Detour Lake Mine, and to details of one of the company's credit agreements.

McKesson Corporation

Acted for McKesson Corporation, a leading international healthcare services and information technology company, in connection with its $3-billion acquisition of Rexall and Rexall Pharma Plus, which operate approximately 470 pharmacies in Canada, from Katz Group, one of Canada's largest privately owned enterprises.

Robert Schad and Athena Automation Limited

Acted for Robert Schad and his company Athena Automation Limited in defending successfully a series of claims asserted against them for damages and injunctive relief arising from their alleged misuse of confidential information and the breach by Mr. Schad of his non-compete and non-solicitation obligations owed to Husky Injection Molding Systems Limited, a company founded by Mr. Schad half a century ago. All claims asserted by Husky against Mr. Schad and Athena in this "bet the company" case were dismissed by Justice Newbould of the Ontario Superior Court in April 2016, following a lengthy trial in the Commercial List.

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.

General Motors of Canada Limited

Acted for General Motors of Canada Limited in defending successfully claims asserted against it for approximately $1 billion in a class action before the Ontario Superior Court on behalf of approximately 180 former dealers of GMCL who were eliminated from GMCL's dealer network during the restructuring of the company in 2009. This case resulted in a lengthy trial in the Ontario Superior Court and appeals to the Ontario Court of Appeal. All claims asserted against GMCL were dismissed by the trial judge. The Ontario Court of Appeal upheld the trial judge's decision dismissing all claims against GMCL. This has been described by legal commentators as "one of the highest profile cases in Canadian franchise history".

“But That’s Not What That Means”: When Can Evidence of Technical Jargon, Industry Custom and Trade Practice be Used to Interpret or Augment a Commercial Contract?

June 01, 2021 - The Advocates’ Quarterly, Vol. 51, No. 4

Electronic Signatures: A Guide for Ontario Businesses

Mar. 04, 2021 - As we approach the one-year mark for the many Canadians working remotely, executing commercial agreements through electronic means has become “the new normal.” This bulletin provides a brief overview of the current framework in Ontario governing electronic documents and electronic execution of such...

Not All Customers Are the Same: Top Court Rules Business Customers Cannot Join Consumer Class Action

Apr. 09, 2019 - In its recent ruling in TELUS Communications Inc. v Wellman, 2019 SCC 19 (Wellman), the Supreme Court of Canada held that business customers of TELUS that entered into mandatory arbitration agreements cannot seek relief in court by participating in a class action together with...

Commercial Certainty Restored: The Federal Court of Appeal Reaffirms the Existence of Transactional Common Interest Privilege

Mar. 13, 2018 - Every day, across Canada, business and tax lawyers rely on the judge-made doctrine of “transactional common interest privilege” to facilitate the due diligence process and to ensure the efficient structuring and negotiation of commercial transactions. This beneficial common law doctrine allows a...

Legal Privilege: Are You Protected?

Oct. 25, 2017 - In this article in Listed Magazine, Patricia Olasker, Tony Alexander and Poonam Puri discuss legal privilege in business transactions, the loss of transactional common interest privilege and best practices that companies should consider to protect the confidentiality of their...

Patricia Olasker, Tony Alexander and Poonam Puri Discuss Legal Privilege in Listed Magazine

Oct. 25, 2017 - In this article in Listed Magazine, Patricia Olasker, Tony Alexander and Poonam Puri discuss legal privilege in business transactions, the loss of transactional common interest privilege and best practices that companies should consider to protect the confidentiality of their...

Davies Governance Insights 2017

Oct. 02, 2017 - Davies Governance Insights 2017 provides analysis of the top governance trends and issues important to Canadian boards, senior management and governance observers. The 2017 edition provides readers with Davies’ take on important topics ranging from shareholder engagement and activism to...

The Law Society of Upper Canada, The Seventh Annual In-House Counsel Summit, “Solicitor-Client Privilege: A Guide for In-House Counsel”; Toronto, ON

Feb. 27, 2017

Federal Court Refuses to Recognize Common Interest Privilege in the Transactional Context

Dec. 23, 2016 - The doctrine of “common interest privilege” ensures that a document or communication that is already protected by solicitor-client or litigation privilege does not lose that protection when it is shared between two parties sharing a “common interest” in either litigation or a...

The Law Society of Upper Canada, Professional Conduct and Practice in Ontario, “Solicitor-Client Privilege and Confidentiality Rule 3.3: Issues for Corporate Lawyers”; Toronto, ON

Dec. 01, 2016

New Record-Keeping Obligations for Ontario Corporations Are Coming

Nov. 04, 2016 - A year ago, the Ontario Legislature passed the Forfeited Corporate Property Act, 2015 and the Escheats Act, 2015. Both new statutes are scheduled to come into force on December 10, 2016. Despite the arcane subject matter of these new enactments – namely, the modernization of the...

Cross Border & Multijurisdiction Class Actions – A Canadian Perspective

Apr. 20, 2015 - Recent Developments in Business and Corporate Litigation, 2015 Edition (Chicago: American Bar Association)

Cross Border & Multijurisdiction Class Actions – A Canadian Perspective

Dec. 31, 2014 - Recent Developments in Business and Corporate Litigation, 2014 Edition (Chicago: American Bar Association)

“Stinky” but Not “Fundamental” – The BCCA Sets a High Hurdle for Repudiation of a Lease

June 13, 2014 - British Columbia Real Estate Law Developments (McCarthy Tétrault LLP)

An Unexpected Expansion of the Common Law Anti-Deprivation Rule

Dec. 31, 2013 - National Insolvency Review, Vol. 30, No. 4 (LexisNexis)

To Agree or Not to Agree: When Do Discontinued Negotiations Lead to a Binding Contract?

Oct. 28, 2013 - Commercial Times (McCarthy Tétrault LLP)

Cross Border & Multijurisdiction Class Actions – A Canadian Perspective

Mar. 19, 2013 - Developments in Business and Corporate Litigation, 2013 Edition (Chicago: American Bar Association)
Purchase a copy of Cross Border & Multijurisdiction Class Actions – A Canadian Perspective.