Peter J. Cavanagh | Fraser Milner Casgrain LLP

We are committed to creating and nurturing an environment of inclusion at FMC where the diversity of our workforce contributes to the enrichment of our firm, our professional practice and our community.

/upload/en/aboutfmc_rollover/about_diversity_01.png

/upload/en/aboutfmc_rollover/about_diversity_02.png

Alphabetical

A B C D E F G H I

J K L M N O P Q R

S T U V W X Y Z

(By last name)

Include Paraprofessionals & Translators

Name

First Name:

Last Name:

City:

Expertise:

Keyword

(eg. school, language, specialty area)

Match whole word

Peter J. Cavanagh LL.B., B.Comm., Partner

Peter is the National head for the Litigation/Dispute Resolution Group. He has a broad civil litigation advocacy practice and has acted as counsel in cases arising from a wide range of business disputes involving commercial contracts, shareholders rights issues, secured loan transactions, corporate insolvencies and transactions relating to business combinations and dispositions. Peter has had extensive experience representing clients in complex multi-party product liability cases including those brought under class action statutes in Ontario and other provinces.

Peter has appeared in all levels of courts in Ontario, in various superior and appellate courts of other Provinces and in the Federal Court of Canada, Federal Court of Appeal and the Supreme Court of Canada. He has acted in proceedings before a number of specialized administrative tribunals, including the Competition Tribunal, the discipline committee of the Law Society of Upper Canada, the Environmental Review Tribunal and Ontario Municipal Board. Peter recently appeared as counsel at the City of Mississauga Judicial Inquiry.

Peter has been endorsed as a "highly recommended" product liability lawyer in the 2008, 2009 and 2010 editions of Which Lawyer? Annual Yearbook published internationally by the Practical Law Company, London, U.K. He is also ranked as a leading product liability lawyer in the 2010 Guide to the World's Leading Product Liability Lawyers published by the Legal Media Group of Euromoney Institutional Investor.

EXPERTISE

MORE ABOUT PETER

Sort Content By:

Peter has a broad civil litigation advocacy practice and has acted as counsel in cases arising from a wide range of business disputes involving commercial contracts, shareholders rights issues, secured loan transactions, corporate insolvencies and transactions relating to business combinations and dispositions.

Peter has had extensive experience representing clients in complex multi-party cases including in class proceedings in Ontario and other provinces. He has appeared in all levels of courts in Ontario, in various superior and appellate courts of other Provinces and in the Federal Court of Canada, Federal Court of Appeal and the Supreme Court of Canada.

Peter has acted in proceedings before a number of specialized administrative tribunals, including the Competition Tribunal, the discipline committee of the Law Society of Upper Canada, the Environmental Review Tribunal and Ontario Municipal Board. He recently appeared as counsel at the City of Mississauga Judicial Inquiry.

Representative Work

Represented manufacturers of medical devices in product liability claims including those brought under Class Action legislation

Represented pharmaceutical company in several related complex mass tort actions under various provincial class action statutes in multiple Canadian jurisdictions: Wheadon v. Bayer Inc. (2004), 237 Nfld. & P.E.I R. 179; Walls v. Bayer Inc., [2005] M.J. No.4; Coleman v. Bayer Inc., [2004] O.J. No. 1974.

Appeared in the Supreme Court of Canada on successful appeal in a case that established the availability of the novel remedy of “notional severance” in a dispute involving a commercial loan agreement: Transport North American Express Inc. v. New Solutions Financial Corp., [2004] 1 S.C.R. 249.

Successfully represented Kraft Canada Inc. before the Ontario Superior Court of Justice in Kraft Canada Inc. v. Karen Pitsadiotis, Canada’s first decision to apply the doctrine of rectification to correct an error in the text of a pension plan

Represented U.S. private equity company in complex international commercial arbitration relating to disputes arising from earnout provision in contract for sale of manufacturing business

Represented shareholders in cross border settlement of Nortel class actions

Regularly represents clients in international and domestic commercial arbitrations involving disputes under various types of commercial contracts including, for example, software development contracts, distributorship agreements, and share purchase agreements

Appeared in the Supreme Court of Canada on appeal involving application of Ontario Bulk Sales Act: National Trust Co. v. H & R Block Canada Inc., [2003] 3 S.C.R. 160.

Represented manufacturer of construction material in multiple claimant mass tort product liability action and associated insurance coverage litigation

Represented the Director of Investigation and Research in the first contested merger application before the Competition Tribunal: Director of Investigation and Research v. Hillsdown Holdings (Canada) Limited et al.: (1992), 41 C.P.R. (3d) 289 (Comp. Trib.)

Represented secured creditor on appeal decided by Ontario Court of Appeal establishing that a license to operate a nursing home is intangible property that is capable of being the subject of a security interest under the Ontario Personal Property Security Act: Sugarman v. DUCA Community Credit Union Ltd. (1999), 14 P.P.S.A.C. (2d) (Ont. C.A.)

Represented Canadian manufacturer on claim by multiple plaintiffs concerning obligation to continue funding of retiree health benefits

Publications

Ontario Court Considers New Defence to Enforcement of Foreign Judgments

Product Liability in the Asia-Pacific, Third Edition, The Federation Press, 2009

Taking and Enforcing a Security Interest in a License or Quota, National Creditor Debtor Review, Volume 16, Number 4, September 2001

FMC Team Scores Pension Rectification Win

Multi-Jurisdictional Class Actions in Canada: Strategic Considerations from a Defendant's Perspective, Presented at the 4th Annual Osgoode Hall Law School Symposium on Class Actions, April 2007

Prior Speaking Engagements

Panelist, Advice for Successfully and Cost-Effectively Navigating Multi-Jurisdictional Litigation, CCCA 2012 World Summit and CCCA 2012 National Spring Conference, Montréal, April 14, 2012