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Successfully represented Spirent Communications on Ontario Court of Appeal ruling that a delay in occupancy is not a fundamental breach (Spirent Communications of Ottawa Limited v. Quake Technologies (Canada) Inc., 2008 ONCA 92)
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Successfully represented the Canadian Wheat Board in precedent-setting administrative law case
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Canada v. McLarty, 2008 SCC 26
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Tax Court Finds that Sales Agents and Home Offices are not "Permanent Establishments" of a U.S. Insurer for Purposes of the Canada-United States Income Tax Convention
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Successfully argued landmark search and seizure case before the Superior Court of Québec
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Prévost Car Inc. v. The Queen, 2009 FCA 57
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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
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Represented the Canadian Wheat Board in its successful claim against the Attorney General of Canada over the barley monopoly
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Acted for corporations in shareholder oppression actions, bankruptcy proposal matters, environmental matters and employment-related litigation
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FMC successfully represented TransCanada PipeLines before the Ontario Court of Appeal
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Acted for Meridian Gold in the $3.5 billion take-over bid by Yamana Gold
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Represented successful party in jurisdictional dispute before British Columbia Court of Appeal arising from multi-party fraud litigation
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Acted for successful plaintiff in two-week trial in the Supreme Court of British Columbia concerning agent's compensation for negotiation of sale of property for commercial development
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Pope & Talbot Ltd. – Acted for the Her Majesty the Queen in Right of the Province of British Columbia in successfully having the CCAA proceedings transferred from the Courts of Ontario to the Courts of British Columbia on the basis of forum conveniens
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Defended municipalities in matters such as: highway non-repair claims alleging road design or maintenance deficiencies, occupiers' liability matters relating to municipal buildings and recreational facilities, injurious communications claims involving defamatory comments or representations made by municipal officials, environmental liability claims arising from municipal sanitary sewage, water or drainage systems, building inspection negligence, public transit liability and other motor vehicle accident claims
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Counsel on Federal Court applications for judicial review under the Access to Information Act
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Acted for Royal Bank of Canada in a variety of cases relating to banking operations
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Acted for HSBC in connection with a claim in damages involving banking operations
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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
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Acted for Capital Venture International and Castle Creek in a $30 million U.S. lawsuit involving realization of securities against Lumenon Lightwave Technology Inc. and Lilt Canada Inc., some of the assets involved high technology and tax credit
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Acting for École Polytechnique de Montréal in an $11 million Court action for damages against engineers and a construction manager pursuant to the construction of a new building for the school, raising important issues relating to the liability of professionals for faulty design, estimation errors and the mismanagement of work
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Representing a manufacturer of video lottery terminals called in warranty by Loto-Québec pursuant to a $700 million class action brought by pathological gamblers against Loto-Québec
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Acting for the plaintiffs in a major dispute between shareholders; the case involves the issue of liability of investors and has seen several precedent-setting interim decisions, including with respect to the seizure before judgement of assets valued at $20 million
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Successfully represented Investissement Québec in connection with a conflict of securities opposing our client, as hypothecary creditor on the universality of the movable property of Filiature canadienne Fidelity Ltée, and a creditor holding a reserve of ownership on the debtor corporation’s equipment
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George v. Québec (Attorney General), J.E. 2004-1425 (S.C.). Successfully defeated the certification of a class action against several public bodies concerning allegedly discriminatory conditions of employment
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Successful in certifying a multi-billion dollar class action against several pharmaceutical companies for an alleged contravention to An Act Respecting Prescription Drug Insurance, denied
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Acted for Tembec in connection with the Papiers Gaspésia Project, in which it was a partner; defended its directors against potential claims from contractors representing tens of millions of dollars, which were successfully resolved through negotiations
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Successfully defended the shareholders of a corporation against a party seeking injunctive relief for allegedly having entered into an agreement for the purchase of their shares
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Acted for a syndicate of banks with respect to the successful realization of security against the assets of Canadian Steel Foundries and other Canadian subsidiaries of Atchison Casting Corporation, which included movable and immovable assets of a foundry and of pension funds surpluses
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Represented a Chicago-based client in settlement of multi-million dollar litigation against Dow Chemical arising from the largest PCB contaminated area in the province involving clean-up costs in the range of $20 to $90 million
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Acted as defence counsel for large Canadian mining company in resolution of environmental prosecution on the eve of public announcement of large acquisition on the part of the client
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Successful defence of K.Y. Ho on charges of insider trading; Ho was a founder, and the chairman and president of one of Canada’s most successful computer related companies and was charged with insider trading as a result of a multi-million dollar charitable gift of shares
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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
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Defence of the Deloitte & Touche partners charged with professional misconduct over the Livent audit, in a precedent setting prosecution
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Acted for the Ontario Deputy Judges Association comprising over 350 deputy small claims court judges in the Province of Ontario who had not had a raise in compensation since 1982
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Engaged in late April and May, 2006 by shortline railroad operator Southern Ontario Railway in working with all interested and accessible parties in efforts towards securing a peaceful agreement to clear the ruins of a burned timber bridge and remove barricades of the SOR’s track erected by aboriginal protestors and occupiers after an abortive OPP (police) action on April 20, 2006
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Engaged in 2006 for Canadian National Railway Company (CN) in the Ontario appeal and leave to appeal to the Supreme Court of Canada in a matter touching upon the obligations of rail carriers and of industrial railcar users & consignees following delivery of railcars, and expert issues as to braking and operations
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Assisted Toyota Motor Manufacturing in respect of rail regulatory and contractual issues arising from Toyota's plans to enhance community road/rail intersection safety near one of its plants in Cambridge, Ontario, including dealings with the Canadian Transportation Agency, Transport Canada, Ontario and municipal representatives and the CPR
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Represented CN in a Coroner's Inquest proceeding in Ontario arising from a railway crossing accident involving passing rail freight operations and two schoolgirls returning home in Brockville, Ontario
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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
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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
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Counsel for aircraft lessors in the insolvency of Canada 3000 in a case that was litigated up to the Supreme Court of Canada concerning statutory joint and several liability and priority issues in relation to statutory aircraft seizure and detention rights of Canada’s navigation and airport authorities
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Counsel for a major pharmaceutical company in ongoing product liability class litigation in several Canadian provinces involving allegations of product defect
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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
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Delf v. Merit Energy et al., 2001 CanLII 138 (ABCA): acted for six underwriters including RBC Dominion Securities and BMO Nesbitt Burns in the defence of a prospectus misrepresentation class action claim and multiple individual claims in three provinces brought against the underwriters, directors and officers, and auditors of an energy company that failed shortly after the closing of a $15 million offering
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Acting as one of three arbitrators in a lengthy, complex arbitration arising out of the termination of Gas Sales Service Agreements with damage claims of approximately $460 million (U.S.). The details of the arbitration and the parties are confidential. This has been a very lengthy and complex arbitration with hearings split between Houston and Calgary and a vast amount of material to digest.
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Acting for a major energy company in relation to a significant incident involving losses exceeding $1 billion
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Acting for Petro-Canada in defence of a $120 million claim brought by Enron Canada arising under gas sales agreements
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Acting as defence counsel for an English defendant, Carreras Rothmans Inc., in a $10 billion claim brought by the Province of British Columbia for health care costs alleged to have been caused by smoking-related diseases
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Acted as single arbitrator in four domestic arbitrations under the B.C. Forest Act and the Canadian Labour Code as well as acting as counsel for an insurer in an arbitration involving a $4.5 million deliberate tortious act claim
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Acted on behalf of a variety of corporations defending them against shareholders’ oppression actions brought under the Alberta Business Corporations Act and Canada Business Corporations Act. Provided advice regarding the duties and obligations of the directors and officers where the company was conducting a substantial divestiture of corporate assets.
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Acted for a gaming machine manufacturer in the defence of a gaming industry claim involving intellectual property issues
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Co-ordinated and prosecuted civil fraud claims, including design and administration of multi-jurisdictional asset recovery initiatives
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Obtained, defended and administered preservation orders over $100 million of Alberta commercial properties for an interim receiver as part of worldwide multi-jurisdictional asset recovery plan, involving numerous appearances before trial and appeal courts in Alberta and British Columbia
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Successful trial counsel in year-long trial and related appeals involving rights of first refusal and commercial fraud for a public resource company
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Successful trial counsel for an Alberta contractor in local preference tender dispute against the Saskatchewan Department of Highways
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Product liability claims, representing manufacturers or suppliers of a wide variety of products (including heavy equipment, chemicals and oil field equipment)
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Prosecuting a subrogated claim against various parties arising from a catastrophic explosion and fire at a remote oil and gas battery
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Defending claims in excess of $500 million on behalf of one of many parties sued as a result of a premature breakdown and inadequate performance of coatings used on a major maritime energy project involving both on-shore and off-shore facilities
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Defending a pulp mill owner against a claim for over $6 million in extra compensation under a construction contract arising from the remediation of an effluent settling basis
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Acting in an Application for Attachment Order against a public company for $5 million security with respect to a claim based on wrongfully cancelled stock options; successfully upheld the Order at the Court of Appeal
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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
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Representation of proponents of horse racing facility and casino in claim against Government and regulator for $80 million breach of contract
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Representation of land owner for injunction regarding construction of slaughterhouse
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Advice to client on settlement strategy for multi-million dollar claim on EPCM contract for oil sands project
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Numerous products liability claims involving oil and gas facilities, and, most recently, a dispute over fuel additives in gasoline
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Injunction Applications in B.C., Alberta, and Saskatchewan, to restrain right of way interference during 3,000 km natural gas pipeline construction
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Prosecuted and defended numerous oil and gas lien claims for service companies and companies primarily related to drilling projects and the supply of materials in Saskatchewan and Alberta
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Advised oil refinery owner in Alberta on $7.5 million claim for lost profits and property damage to flaring and boiler equipment arising from power failure
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Representation on behalf of energy companies before Alberta Court of Appeal and Supreme Court of Canada relating to judicial review of regulatory and administrative decisions
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Acting as counsel to the project owner in the mediation of $90 million construction dispute involving chemical plant; the dispute involved complex contract interpretation issues and a substantial delay claim
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Counsel to gas pipeline owners in respect of multi-million dollar litigation arising from pipeline failures related to design and construction practices
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Counsel to gas facility owner/operator in respect of multi-million dollar litigation concerning operatorship and accounting practices under facility operating agreements
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Counsel to a number of Canadian oil and gas companies in respect of the bankruptcy of Enron Corp., and resulting litigation concerning gas and financial contracts in Canada
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Represented common shareholders of a major international energy company in obtaining Court approval of a Plan of Arrangement under the Alberta Business Corporations Act
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Defended underwriters in rescission action brought by shareholders against the issuer, underwriters, directors, officers and auditors based on allegations of misrepresentation in a public share offering
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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
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Successfully appeared before Alberta Court of Appeal in relation to application of limitations under the Arbitration Act
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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
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