Norm Emblem | 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

Norm Emblem LL.B., B.Comm (with Distinction), Partner

Norm has a very broad-ranging commercial litigation and advocacy practice which over the past twenty eight years since commencing work as a first year student at an insurance defence boutique has involved class action defence, securities, auditor’s negligence, CCAA, banking and insolvency litigation, professional negligence, high-end disability income claims, insurance defence, shareholders’ disputes, Coroners’ inquests and human rights litigation.

In his first few years after joining Fraser & Beatty in early 1992, Norm was involved in several significant CCAA cases acting on behalf of creditors in Olympia & York Developments Limited, Bramalea Limited, Curragh Inc. and on behalf of the debtor in the Sammi Atlas matter.

Over the last seventeen years, the focus of Norm’s practice has been acting for and advising accounting firms and, in particular, the Big 4 Canadian accounting firms, primarily in securities related class actions often with cross Canada and/or cross border implications as well as in related regulatory proceedings involving the Ontario Securities Commission ("OSC"), the Securities and Exchange Commission ("SEC:), the Autorité des marchés financiers ("AMF"), the Institute of Chartered Accountants of Ontario ("ICAO") and the Department of Justice ("DOJ"). Norm has advised and acted for the auditors involved in such cases as Hollinger Inc., Royal Group Technologies Limied, Olympus United Funds Corporation, Olympus Univest Limited, Philip Services Corp. and Bramalea Limited.

Norm has extensive trial (jury and non-jury) and appellate experience in the civil courts and before numerous regulatory and administrative tribunals throughout the Province of Ontario, including the OSC, the ICAO, the Royal College of Physicians and Surgeons, the Alcohol and Gaming Commission, the Workplace Safety and Insurance Appeals Tribunal and the Ontario Pension Board and related mediation and arbitration experience.

In addition to regularly appearing before the Supreme Court of Ontario and the Court of Appeal for Ontario, Norm has appeared in the Supreme Court of Canada, the Tax Court of Canada, the Supreme Court of the Commonwealth of the Bahamas, the Saskatchewan Court of Queen's Bench and the Superior Court of Quebec.

Norm does a significant amount of pro bono work acting as duty counsel on behalf of lawyers appearing before The Law Society of Upper Canada.

Norm is a frequent speaker at continuing legal education conferences regarding Litigation and ADR and once again will be co-chairing The Canadian Institute’s Annual National Forum on Class Actions Litigation in September, 2012.

Norm is a Director of the Advocates' Society and presently serves on the Operations, Governance and Finance Committee, the Standing Committee on Advocacy and Practice and the Board of Directors of the Sir William Campbell Foundation.

EXPERTISE

EVENTS

MORE ABOUT NORM

Sort Content By:

Representative Work

Acting for Flurry, Inc., one of the named defendants in the putative national class action in Quebec relating to iPhone and iPad "Apps" (2012 to date)

Acting for one of the Big 4 Canadian accounting firms in relation to the interim receivership and bankruptcy of Daymonex Limited (2011 to date)

Acting for one of the Big 4 Canadian accounting firms in relation to an investigation by the Autorité des marché financiers (2011 to date)

Acting for one of the Big 4 Canadian accounting firms in relation to a securities litigation in Delaware (2009 to date)

Acted for one of the Big 4 Canadian accounting firms in responding to an investigation by the Professional Conduct Committee of the ICAO in relation to an OSC registrant (2010-2011)

Acting for one of the Big 4 Canadian accounting firms in relation to a threatened securities action in Ontario and Quebec (2003 to date)

Acted for the Nassau, Bahamas office of one of the Big 4 Canadian accounting firms’ member firms in multi-jurisdictional securities litigation arising out of the demise of a $500 million hedge fund with respect to securities held in Quebec, Ontario, Barbados and Bahamas (2007 to 2011)

Acted for the supplier of pet food in multi-jurisdictional class actions arising out of contaminated pet food (2007-2011)

Acting for one of the Big 4 Canadian accounting firms in a proposed securities class action arising out of the demise of an international hedge fund (Ontario, Quebec) (2006 to date)

Acted for the successful bidder in a take-over fight before the Ontario Superior Court of Justice (Commercial List), the OSC and the Court of Appeal for Ontario which resulted in a change to the bid financing rules under the Ontario Securities Act (2005)

Acted for one of the Big 4 Canadian accounting firms before the OSC relating to the derivative use of materials produced in an OSC proceeding to be used to make full answer and defence in a criminal securities related proceeding in the United States (2003 to date)

Acted for one of the Big 4 Canadian accounting firms in relation to a securities related investigation by the RCMP/IMET regarding a land flip by an OSC registrant (2004-2011)

Acted for a Court-appointed forensic auditor in Ontario with respect to an investigation into possible fraudulent activities in a real estate development company (2010 to 2011)

Acted for a uniform manufacturer defending an action in the Ontario Superior Court of Justice brought by former employees claiming they were entitled to participate in the employer’s stock option program (2007-2009)

Acted for one of the Big 4 accounting firms in a national class action relating to overtime (2007-2009)

Acting for one of the Big 4 Canadian accounting firms regarding the solvency opinion pertaining to the plan to privatize BCE (2008 to date)

Acting for one of the Big 4 accounting firms in Ontario in relation to two actions regarding the expiry of tax losses (2006 to date)

Acted for a U.S. employer in Ontario in successfully upholding a restrictive covenant without any geographic limitation in scope (2009-2010)

Acted for a building products company in a Supreme Court of Ontario action arising out of a dispute concerning pension benefits involving allegations of breach of trust (Toronto) (2001-2008)

Acting for one of the Big 4 accounting firms in a putative class action in Québec relating to Olympus United Funds Corporation (2006 to date)

Acted for one of the Big 4 Canadian accounting firms before the OSC relating to the derivative use of materials produced in an OSC proceeding in relation to publicly held securities (2007-2009)

Acted for a building products company in an Ontario Superior Court of Justice action arising out of a dispute concerning pension benefits involving allegations of breach of trust (Toronto) (2001-2008)

Acted for one of the Big 4 Canadian accounting firms defending securities related class actions in Ontario and New York (2000-2007)

Acted for one of the Big 4 Canadian accounting firms regarding numerous civil and regulatory matters in Canada and the United States regarding a Canadian and U.S. registrant (Ontario, Saskatchewan, New York, Illinois) (2006-2009)

Acted for one of the Big 4 Canadian accounting firms retained as an expert in a dispute over the working capital of an Ontario registrant in a transaction arising out of a CCAA application before the Ontario Superior Court of Justice (Commercial List) and the Court of Appeal for Ontario (2006-2008)

Acted for the manufacturer of steel culverts in a coroner’s inquest under the Coroners’ Act regarding the drowning death of a man in a bottom draw well on an irrigation farm (2005) (Wallacetown, Ontario)

Acted for a partner of one of the Big 4 Canadian accounting firms before the Professional Conduct Committee of the ICAO in relation to an Ontario registrant (2005)

Acted for a building supplies company in resisting the efforts of various other stakeholders in a dispute over trust funds to be added in an Ontario Superior Court of Justice action as defendants or interveners (Toronto) (2005)

Acted for a nationally known brewer in a case initiated by the Alcohol and Gaming Commission arising out of a "frat party" in Guelph, Ontario (Toronto) (2004)

Acted for a nationally known brewer in a case initiated by the Alcohol and Gaming Commission arising out of a "street party" in Kingston, Ontario (Toronto) (2003)

Acted for one of the Big 4 Canadian accounting firms in a leading case before the OSC, the Divisional Court, the Court of Appeal for Ontario and the Supreme Court of Canada concerning the scope of documentary disclosure in securities related proceedings commenced by the OSC (2000-2003)

Acted for a group of minority shareholders in an Ontario Superior Court of Justice action arising out of an option agreement regarding privately held securities (1997-2002)

Acted for one of the Big 4 Canadian accounting firms in a multi-million dollar securities action in the Ontario Superior Court of Justice (initially commenced in California) arising out of the demise of a nationally known real estate developer (1996-2001)

Acted for one of the Big 4 Canadian accounting firms acting as liquidator on behalf of the owner of a landfill site in a protracted liquidation in the Ontario Superior Court of Justice relating to a landfill site (Toronto) (1993-2000)

Acted for the manufacturer of gas-testing equipment in a coroner’s inquest under the Coroner’s Act into the deaths of two young men who were asphyxiated in a vacuum degasser tank at a steel manufacturing plant (1999) (Hamilton)

Acted for an accident and sickness insurer in an Ontario Superior Court of Justice action arising out of the termination of payments pursuant to a group disability policy involving allegations of non-disclosure (Kingston, Ontario) (1995-1998)

Acted for one of the Big 4 Canadian accounting firms in an Ontario Superior Court of Justice action arising out of a request for the audit firm’s work papers in relation to a securities action (1997)

Acted for the insured in an Ontario Superior Court of Justice action against a private accident and sickness insurer under an "own occupation" disability insurance policy (1996-1997)

Acted for the debtor in a major restructuring of a steel manufacturer under the CCAA in the Ontario Superior Court of Justice (Commercial List) (1997-1998)

Acted for a nationally known accident and sickness insurer in an Ontario Superior Court of Justice action arising out of the termination of disability payments (Barrie, Ontario) (1996)

Acted for a party to a shareholders’ agreement in an arbitration involving sugar futures contracts and the application of GAAP (Vancouver, British Columbia) (1993 -1995)

Acted for a nationally known accident and sickness insurer in an Ontario Superior Court of Justice action arising out of the termination of disability payments and the termination of the insured’s employment with the insurer (Toronto) (1993-1995)

Acted for an accident and sickness insurer in an Ontario Superior Court of Justice action arising out of the termination of disability payments involving allegations of non-disclosure of the part of the insured (Toronto) (1993-1995)

Acted for a nationally known pharmaceuticals firm in a misleading advertising action in the Ontario Superior Court of Justice arising out of the advertising of blood pressure control medication using test results derived from a study using ambulatory blood pressure monitoring devices (Toronto) (1992-1994)

Acted for a departed fiduciary in an injunction brought by an engineering firm which would have interfered with the fiduciary’s ability to earn a livelihood (Toronto) (1992-1994)

Acted for a nationally known paper products company lifting the stay of an order made under the CCAA and obtaining summary judgment in the Ontario Superior Court of Justice upheld on appeal by the Court of Appeal for Ontario (Toronto) (1992-1995)

Acted for a nationally known accident and sickness insurer in an Ontario Superior Court of Justice action arising out of the termination of the insured’s benefits under a group disability policy (Hamilton, Ont.) (1992-1993)

Acted for a nationally known bank in restructuring proceedings commenced by a nationally known real estate developer under the CCAA in the Ontario Superior Court of Justice (1992-1994)

Acted for an automobile insurer in a jury trial in the Ontario Superior Court of Justice arising out of a multi-vehicle motor vehicle accident in Northern Ontario (Toronto) (1989-1991)

Acted for an estate in an Ontario Superior Court of Justice trial involving a multi-million dollar land flip (Toronto) (1988-1990)

Acted for an aircraft owner in an Ontario Superior Court of Justice trial against an aircraft charterer involving allegations of fraud (Toronto) (1986-1989)

Acted for a landowner in a Provincial Court of Ontario action involving neighboring landowners, a pool company and a pool installation subcontractor (Toronto) (1986-1988)

Acted for various transport companies in numerous Ontario Superior Court of Justice jury actions arising out of motor vehicle accidents (Toronto) (1984-1991)

Acted for various transport companies in numerous hearings before the Workplace Safety and Insurance Appeals Tribunal removing the plaintiffs' cause of action under the Workplace Safety and Insurance Act involving allegations that the plaintiffs were injured in the course of their employment (1984-1991)

Acted for an automobile insurer in a damages trial in the Provincial Court of Ontario arising out of a motor vehicle accident (Orillia, Ontario) (1984)

Publications

"The Development of Privacy Torts in Ontario: A Case Comment", International Law Office, May 2012

"The Development of Privacy Torts in Ontario – A Case Comment on Jones v. Tsige, 2012 ONCA 32", Focus on Litigation | Dispute Resolution, April 2012

"The Hollinger Sealing Order – Using the Sierra Club Test to Protect Settlement Privilege", International Law Office, November 2011

"Ontario Issues Most Recent Decision on Overtime Pay Class Actions", International Law Office, July 2011

"Cleaning Up Class Actions using ADR", The ADR Journal of Canada, Fall 2009

Prior Speaking Engagements

Co-Chair, "Class Actions Litigation", The Canadian Institute's 13th Annual National Forum on Class Actions Litigation, (September, 2012) (Toronto)

Speaker, "Foreign Parties in Ontario Litigation", Osgoode Professional Development, May 29, 2012

Co-Chair, The Canadian Institute's Class Actions Litigation Bootcamp, Toronto, April 18-19, 2012

Speaker, "Effective Document Management in Large Commercial Litigation Cases", Continuing Professional Development Bootcamp, Toronto, November 30, 2011

Peak Performance in ADR, "Is ADR Bad for Consumers?" (October, 2011) (Vancouver)

Co-Chair, "Class Actions Litigation", The Canadian Institute's 12th Annual National Forum on Class Actions Litigation, (September, 2011) (Toronto)

Live Cross-Examination, Court House Series, The Advocates' Society, (February, 2011) (Thunder Bay)

Co-Chair, "Class Actions Litigation", The Canadian Institute's 11th Annual National Forum on Class Actions Litigation, (September, 2010) (Toronto)

Speaker, "Resourceful ADR", The Use of ADR to Resolve Class Actions, (September, 2010) (Calgary)

Speaker, "Full Spectrum ADR", The Use of ADR to Resolve Class Actions, (October, 2009) (Gatineau)

"18th Annual Seminar for Lawyers Specializing in Securities" Indemnification of Directors and Officers, (2009) (Mt. Tremblant, Quebec)

Speaker, Economic Crime Prevention Conference, "Civil Redress for Economic Crimes", (2009) (Hamilton)

Speaker, "Strategies to Avoid or Mitigate Class Actions", The Canadian Institute’s 10th Annual National Forum on Class Actions Litigation, (September, 2009) (Toronto)

Co-leader, "The Nuts and Bolts of Class Actions Litigation", The Canadian Institute’s 10th Annual National Forum on Class Actions Litigation, Pre-Conference Workshop, (September, 2009) (Toronto)

Panelist, "FMC and Deloitte’s Anti-Money Laundering and the Real Estate Industry Seminar", (January, 2009) (Toronto)

Chair and Presenter, "Intensive Course in Securities Law & Practice", The Canadian Institute, (October 2008) (Toronto)

Chair and Presenter, "Intensive Course in Securities Law & Practice", The Canadian Institute, (November, 2008) (Calgary)

Co-leader, Pre Conference Workshop, The Canadian Institute’s 9th Annual National Forum on "Class Actions Litigation”, (September, 2008) (Toronto)

Chair and Presenter, "Intensive Course in Securities Law & Practice", The Canadian Institute, (November, 2007) (Vancouver)

7th Annual Canada/U.S. GAAP Course, "The Relationship Between Auditors and Audit Committees", (May, 2006) (Toronto)

14th Annual Seminar for Lawyers Specializing in Securities, "Bid Financing and the Financial Models Inc. case", (October, 2005) (Mont Tremblant, Québec)