Continental Casualty Company

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 Justice Penny 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.

Hydro One Inc.

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.

Vale Canada Limited

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.

James MacDonald

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.

Respondent

Acted for a client in an Ontario Securities Commission enforcement investigation and enforcement proceeding against Solar Income Fund Inc. and various individuals. The investigation and enforcement proceeding related to multiple alleged breaches of the Securities Act (Ontario) in connection with an exempt market fund, including misleading investors, misrepresenting financial positions and fraud.

Following the Money: Emergencies Act Invoked to Expand Anti-Money Laundering Rules

Feb. 17, 2022 - The Canadian federal government announced this week that it was invoking the never-before-used Emergencies Act¹ in response to ongoing blockades and occupations arising out of the self-titled “Freedom Convoy” protests. As part of the emergency declaration, the government...

Appeal Allowed – MDS Inc. v. Factory Mutual Insurance Company: Ambiguity in Insurance Contracts and the Meaning of “Physical Damage”, co-author

Oct. 29, 2021 - Toronto Law Journal, October Edition (Toronto Lawyers Association)
Read the article.

COVID-19: Material Adverse Change and Material Adverse Effect

Mar. 23, 2020 - The COVID-19 pandemic has had, and is likely to continue to have, a major impact on the global economy as countries implement various levels of “social distancing” and other restrictions on normal activities. In these uncertain times, many businesses may find themselves reviewing their contracts...