Nick Rodrigo

Partner

Nick Rodrigo

Nick Rodrigo

Partner

Bar Admissions
  • British Columbia, 2024
    Ontario, 2001
    Québec, 1999

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, competition and consumer law. 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.

Nick Rodrigo

Partner

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, competition and consumer law. 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.

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.

Lehman Brothers Real Estate Partners II LP

Acted successfully for Lehman Brothers Real Estate Partners II LP in connection with corporate proceedings in oppression and derivative action with respect to three real estate investments in Montréal.

Rogers Communications Inc. and Fido Solutions Inc.

Acting for Rogers Communications Inc. and Fido Solutions Inc. before the Québec Superior Court in their defence of a proposed class action with respect to fees for picture and video messaging from Canada to the United States.

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.

Metromedia CMR Broadcasting Inc.

Acted successfully for Metromedia CMR Broadcasting Inc. before the Québec Court of Appeal and the Supreme Court of Canada in the case of Bou Malhab v. Diffusion Métromédia CMR Montréal Inc. et al. v., a defamation class action brought by a group of taxi drivers in Montréal. The Supreme Court of Canada dismissed the appeal and upheld the decision of the Québec Court of Appeal dismissing the action.

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.

BCE Inc.

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.

Pharmascience Inc.

Acted successfully for Pharmascience Inc. and secured the dismissal of a $3.9-billion class action against manufacturers of generic medications in relation to allegations of improper pricing of medications subsidized under the provincial drug insurance system.

Confidential Client

Acted successfully for a Québec-based gas retailer in connection with criminal charges laid by the Competition Bureau for alleged price-fixing and related class actions. Davies has succeeded in obtaining a stay of the criminal proceedings against its client based on a breach of its constitutional rights.

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 of Québec granted the STM's motion to dismiss the motion for declaratory judgement instituted by the subway car manufacturers.

Kamaya Electric Co. Ltd. and Kamaya, Inc.

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. 

SK hynix Inc. and SK hynix America Inc.

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.

DENSO International America, Inc. and Denso Sales Canada, Inc.

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.

Rio Tinto Limited

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.

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.

Epic Games Inc. and Epic Games Canada ULC

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.

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.

Groupe Vision New Look Inc.

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.

Morgan Stanley Canada Limited

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.

Rogers Communications Inc.

Acting for Rogers Communications Inc. in connection with the appeal of an administrative decision of the Québec Privacy Commissioner that would prohibit the use by Rogers of any personal information to conduct credit verifications and fraud prevention measures in relation to consumer subscriptions for mobile telephone service.

LinkedIn Ireland

Acted successfully for LinkedIn in a decision denying class certification in connection with a multi-defendant proposed class action alleging the violation of Québec Consumer Protection Act provisions dealing with the marketing of discounted limited-time offers of services.

Denso Corporation

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.

LG Chem, Inc.

Acted for LG Chem, Inc. in connection with class actions commenced across Canada, alleging a global, criminal price-fixing cartel in respect of lithium ion batteries, including a contested certification hearing and appeals before the Ontario Divisional Court and Court of Appeal.

Beijing Matsushita Color CRT Company, Ltd.

Acted for Beijing Matsushita Color CRT Company, Ltd. in defence of class actions commenced in Canada alleging price-fixing in respect of the sales of cathode ray tubes.

Mars, Incorporated

Acted for Mars Canada in defence of criminal proceedings under the Competition Act alleging charges of price-fixing of chocolate confectionery products in Canada and in follow on class actions commenced across Canada.

Société des casinos du Québec

Acting for the Société des casinos du Québec in connection with two class actions regarding electronic banking fees charged on certain transactions made in Loto-Québec's casinos.

Biomet Inc.

Acting for Biomet Inc. in defending class action proceedings in the Superior Court of Québec concerning alleged defects in Biomet's metal-on-metal hip replacement and resurfacing devices.

B.M. Osborn Investments Inc., Stephen Bronfman, et al.

Acted successfully before the Quebec Court of Appeal for a group of property owners in Mont-Tremblant, Quebec, in connection with their defence against a private expropriation of property to build a private road.

Paladin Labs Inc.

Acted for Paladin Labs Inc. in connection with its acquisition by Endo Health Solutions Inc. in a stock and cash transaction valued at approximately $3 billion.

Chi Mei Optoelectronics

Acted for Chi Mei Optoelectronics in its defence of multiple class actions commenced across Canada alleging price fixing in respect of the sales of LCD panels, including with respect to cross-border issues arising out of parallel U.S. class actions.

Gogii Inc.

Acted successfully for Gogii Inc. in defence of a class action in connection with allegations of privacy violations with respect to applications running on Apple iPhones. The claim against Gogii was settled on the basis of a desistment by the plaintiffs.

Seiko Epson Corporation

Acted successfully for Seiko Epson Corporation in connection with competition class action matters in Québec regarding allegations of price fixing in the market for Static Random Access Memory computer chips (SRAM). This action was resolved on the basis of a discontinuance of the class action proceedings against Seiko Epson.

Cinar Corporation

Acted on behalf of Cinar Corporation in significant litigation in Canada and elsewhere involving the recovery of in excess of $100 million in relation to certain unauthorized transactions effected by past directors and officers of the corporation. This litigation also involved multi-jurisdictional safeguard, enforcement and liquidation proceedings.

General Woods & Veneers Ltd.

Acted for General Woods & Veneers Ltd. in relation to a class action suit for approximately $17.5 million for damages resulting from the alleged dust, noise and odour emission.

Unisource Canada, Inc.

Acted for Unisource Canada, Inc. in its defence of multiple class actions across Canada alleging a price-fixing conspiracy in respect of carbonless paper.

Concordia University

Acted successfully for Concordia University in the Bisaillon v Concordia University case before the Supreme Court of Canada. Davies argued that the Superior Court had no jurisdiction to entertain a class action initiated by Bisaillon claiming the payment by Concordia of well over $100 million to the pension fund of its employees.

Tenneco Inc., Tenneco Packaging and Packaging Corporation of America

Acted for Tenneco Inc., Tenneco Packaging Co. and Packaging Corporation of America in their defence of a class action alleging a price fixing conspiracy and Competition Act violations in respect of linerboard.

E.I. Dupont De Nemours/DAK Americas

Acted for E.I. Dupont De Nemours and DAK Americas in their defence of multiple class actions across Canada alleging price fixing in the polyester staple industry.

Speaking Engagement

Osgoode Professional Development, 18th National Symposium on Class Actions, “Carving Up the Cash”; Webinar

Apr. 29, 2022

Article

International Arbitration Q&A

Dec. 31, 2013 - Talklaw Global

Article

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

Article

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

Speaking Engagement

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

The Legal 500 Canada—Dispute Resolution: Québec (Leading Individual)

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Class Action (Litigation Star); Competition/Antitrust (Litigation Star); Securities (Litigation Star)

Lexpert Special Edition: Litigation

Lexpert Special Edition: Mining

Lexpert Special Edition: Technology and Health Sciences

The Canadian Legal Lexpert Directory—Class Actions; Competition Law; Litigation: Corporate Commercial

The Best Lawyers in Canada—Appellate Practice; Aviation Law; Class Action Litigation (Lawyer of the Year 2022, Montréal); Corporate and Commercial Litigation; Advertising and Marketing Law

Bar Admissions

British Columbia, 2024
Ontario, 2001
Québec, 1999

Education

McGill University, BCL/LLB, 1998
Université Laval, French Cert., 1994
McGill University, BA (Liberal Arts & Philosophy), 1994

Professional Affiliations

American College of Trial Lawyers (ACTL), Fellow
Young Canadian Arbitration Practitioners

Teaching Engagements

Nick has lectured at the Québec Bar School, teaching a course on international arbitration. He also presented a seminar in Arusha, Tanzania, on trial advocacy techniques for prosecutors at the International Criminal Tribunal for Rwanda, which was prosecuting crimes against humanity committed during the 1994 Rwandan genocide.