Acted as counsel to a group of unsecured bondholders representing over $200 million in bonds in respect of Smurfit-Stone Container Canada Inc. et al's cross-border proceeding under the CCAA and Chapter 11
Acted as counsel to a group of unsecured bondholders representing $720 million in bonds in respect of AbitibiBowater Inc. et al's significant cross- border CCAA and Chapter 11 proceedings
Bou Malhab v. Diffusion Métromédia CMR inc., 2011 SCC 9: Acted as counsel for the intervener Conseil national des Citoyens et Citoyennes d'origine haïtienne concerning a group defamation claim arising out of discriminatory comments made on a radio show.
Century Services Inc. v. Canada (Attorney General), 2010 SCC 60: Acted as counsel for the appellant Century Services Inc. concerning an application by the Crown to have GST monies held in trust to be paid to the Receiver General on the eve of bankruptcy of the debtor company and whether the deemed trust in favour of the Crown under the Excise Tax Act prevailed over provisions of the Companies’ Creditors Arrangement Act purporting to nullify deemed trusts in favour of the Crown.
Toronto Star Newspapers Ltd. v. Canada, [2010] 1 S.C.R. 721: Acted as counsel for the appellant Edmonton Sun, a Division of Sun Media Corporation concerning the constitutionality of a statutory mandatory publication ban on bail hearing information.
Yugraneft Corp. v. Rexx Management Corp., [2010] 1 S.C.R. 649: Acted as counsel for the intervener Institut de médiation et d’arbitrage du Québec concerning the limitation period applicable to the recognition and enforcement of a foreign arbitration award in Alberta.
Acted as defence counsel in a precedent-setting class action case involving CV Technologies Inc. under s. 138 of the Ontario Securities Act regarding secondary market liability. Ainslie v. CV Technologies Inc., (2008), 304 D.L.R. (4th) 713 Ont. S.C.J.).
Counsel to Morgan Stanley Canada Limited in connection with a high profile plan of arrangement transaction involving Magna International Inc. (2010)
Acted as counsel to a religious employer in a landmark human rights appeal dealing with the interpretation of the Ontario Human Rights Code and the rights of religious employers to engage in faith-based hiring, and to insist upon religious adherence as a condition of employment
Canada v. McLarty, [2008] 2 S.C.R. 79: Acted as counsel for respondent/appellant on cross-appeal Allan McLarty concerning the absolute or contingent liability of the taxpayer under a promissory note for interest in proprietary seismic data and whether the taxpayer’s purchase transaction was at arm’s length.
Dell Computer Corp. v. Union des consommateurs, [2007] 2 S.C.R. 801: Acted as counsel for the intervener ADR Institute of Canada concerning the jurisdiction of the Quebec courts to hear a class action involving a consumer contract if the consumer has domicile or residence in Quebec, and that a waiver of that jurisdiction by the consumer by way of an arbitration clause contained in the terms and conditions of the sale may not be set up against the consumer.
Double N Earthmovers Ltd. v. Edmonton (City), [2007] 1 S.C.R. 116: Acted as counsel for the respondent Sureway Construction of Alberta Ltd. concerning the awarding of a contract by the City to the successful bidder on terms other than those set out in the tender documents.
Acted for Royal Bank of Canada in one of the most important claims in damages in Québec ($95 million in capital and interest) against a financial institution by a religious corporation concerning the Marché Central financing
Acted for Les Services Investors Limitée and Mackenzie Financial Corporation in connection with a class action petition against several funds managers alleging market timing activities
Representation of KPMG in the Hollinger/Black litigation; KPMG was the auditor of the Hollinger group of companies, which following revelation of alleged management frauds, has led to multi-jurisdictional litigation and regulatory proceedings
Represents the author and publisher of the Harry Potter novels in Canada in connection with all Canadian copyright protection issues and embargo enforcement rights and remedies, including winning a number of injunctions to protect the copyright in and pre-release date confidentiality of the Harry Potter novels
Class action restitution claim against a major Canadian natural gas supplier for illegal late payment charges; twice successful in the Supreme Court of Canada on liability issues
Canada 3000 Inc., Re; Inter-Canadian (1991) Inc. (Trustee of), [2006] 1 S.C.R. 865: Acted as counsel for respondents/appellants on cross-appeals Ansett Worldwide Aviation, U.S.A., and MSA V as well as respondents Canadian Regional Airlines Ltd. and Canadian Regional (1998) Ltd. concerning the seizure and detention of leased aircraft by airport service providers for unpaid charges incurred prior to airlines’ bankruptcies and whether the rights of the titleholders of the leased aircraft to repossess the aircraft take priority over the service providers’ seize and detain orders.
Counsel for a major pharmaceutical company in ongoing product liability class litigation in several Canadian provinces involving allegations of product defect
ATCO Gas & Pipelines Ltd. v. Alberta (Energy & Utilities Board), [2006] 1 S.C.R. 140: Acted as counsel for the intervener Enbridge Gas Distribution Inc. concerning the explicit or implicit jurisdiction of the Board in allowing the sale of assets belonging to the utility on condition that a portion of the proceeds be allocated to ratepaying customers of the utility.
Conducted a five week medical malpractice trial in the Court of Queen's Bench of Alberta, in an action pursued against a number of physicians and the hospital administration
Acting for Petro-Canada in defence of a $120 million claim brought by Enron Canada arising under gas sales agreements
Acting in a seven-week Alberta Court of Queen’s Bench trial involving claims in excess of $100 million based on allegations of misuse of confidential information, trespass and improper operatorship of gas-producing properties
Representation of proponents of horse racing facility and casino in claim against Government and regulator for $80 million breach of contract
Acting as counsel and providing advice on significant number of issues involving First Nations, treaty, aboriginal rights and aboriginal title issues, Métis issues, land and reserve issues, Indian Act matters, issues arising under the Indian Oil and Gas Act and regulatory regime, consultation issues, issues North of 60, including land claim agreements, impact benefit agreement, legislative regimes and resource issues, and First Nation governance matters
Acted in a two-week Alberta trial and appeals to Court of Appeal and Supreme Court of Canada relating to land development breach of contract, the law of mistake, and punitive damages