Contributed by Linda Plumpton and Crawford Smith, Torys LLP
If uncertainty in the capital markets is not the new normal, it has at least persisted for several quarters. Many themes that clouded the outlook for the markets in 2012 remain the same for 2013: European stagnation; political debate between austerity and stimulus; and concerns about the lack of consumer spending. Despite these circumstances, Canada has weathered the storm, and in 2012 reached the highest level of global acquisitions in recent history. Also taking centre stage in this busy market is shareholder activism. While shareholder activism is not new to Canada, a clear message has been sent to Canadian boards: no widely held public company can ignore activists, and boards will increasingly be forced to respond with initiatives that enhance shareholder value, such as management changes, recapitalizations, asset sales, spin-offs or even a sale of the business as a whole.
Meanwhile, the Canadian government and regulators have sought to address issues of public importance relating to friendly and hostile acquisition activity while continuing to promote Canada as an attractive investment destination. The Ontario Securities Commission introduced changes to its rules relating to “poison pills,” or shareholder rights plans, intended to give target boards more latitude to decide when and how they respond to an unsolicited takeover bid.
On the litigation front, recent high-profile cases have encompassed a broad variety of issues, producing favourable results for both businesses and individual plaintiffs. Overall, class actions continue to dominate the litigation landscape, with Canadian courts certifying class actions or deciding common issues trials on a wide range of matters, including competition, securities, unpaid wages or overtime, and product liability.
We expect that developments in these areas will continue to warrant careful attention since many of the cases are proceeding to appeal, where the issues will receive fresh consideration.
Although Ontario’s regime for statutory secondary market liability came into effect several years ago, continued volatility in equity markets has resulted in a marked increase in the number of claims commenced. Amendments to Ontario’s securities legislation created a statutory cause of action allowing shareholders to seek damages when an issuer fails to make timely disclosure of material changes or an issuer’s disclosure contains a material misrepresentation. A shareholder need not prove actual reliance on the misrepresentation or the failure to make timely disclosure. The effect of deemed reliance is to facilitate certification of secondary market claims as class actions. The regime requires that the plaintiff obtain leave from the court to proceed with a claim. Although these measures are intended to protect defendants from coercive and unmeritorious claims, recent decisions considering the test for leave have arguably set the threshold at a level that will make it relatively easy for shareholders to pursue class actions against public companies for misrepresentations in their disclosure.
Settlement with the regulator may provide no defence to future class action liability. Unless the settlement is overturned on appeal, it is now the law that absent unique circumstances, a settlement reached in a regulatory proceeding will not preclude or bar a related class proceeding.
The development of the law in relation to competition class actions has been in a state of flux. Courts in Ontario have recently been more inclined to certify such claims. However, in a recent decision, the British Columbia appeal court followed the lead of US jurisprudence, holding that indirect purchasers may not assert claims because the law does not permit defendants to assert that an overcharge may have been passed on to them. If ultimately overturned on appeal, this decision could drastically widen the availability of consumer class actions for price-fixing. On the regulatory front, contested proceedings before the Competition Tribunal have picked up, and we expect more activity in 2013 as the Competition Bureau continues to take a firm enforcement stance.
There has been an increase in class actions against employers for unpaid overtime under federal and provincial labour and employment laws. To date, decisions on the issue of certification have gone both for and against defendant employers, with the tide in favour of certification. Commonality of the issues continues to be the area of greatest discussion and proved to be decisive in these cases.
Developments in product liability class actions indicate that Canadian courts may be moving away from what had been viewed as a relatively plaintiff-friendly environment. Before 2012, certification of a proposed class action of allegedly defective products, particularly medical products, was almost guaranteed. The bar for certification in these cases was low. As a result, most product liability cases settled long before reaching a common issues trial and often before certification. Now, however, it appears that the pendulum may be swinging back in defendants’ favour with courts denying certification and holding that, in the context of non-dangerous products, a manufacturer has no duty to disclose design defects and that, as a general rule, a claim for pure economic loss in such circumstances cannot succeed. Lastly, the doctrine of waiver of tort, which permits tort victims in certain cases to base their damages claim on disgorgement, also received judicial treatment that may limit the scope of its application in the future.
Dispute Resolution: Ontario - Canada
THE FIRM This leading litigation boutique offers a broad range of expertise which covers securities, banking, real estate and IP disputes. Highlights include representing Google in a copyright infringement action, and acting for British Energy in a dispute with Ontario Power Generation. The team also has extensive expertise in medical malpractice defence work, representing clients such as the Canadian Medical Professionals Association. The group also advises GE, Johnson & Johnson and Coventree.
Sources say: "A strong, go-to litigation boutique." "An outstanding firm."
KEY INDIVIDUALS Peter Griffin is widely acknowledged as an "outstanding lawyer," with one interviewee describing him as "the best litigator in Ontario right now." He acted for Ernst & Young as the auditors of Sino-Forest in a shareholder class action involving damages claims of more than CAD6 billion. Sources say: "He's at the top of the charts."
Alan Lenczner QC is "the best-known commercial litigator in Ontario," say interviewees. He also advises on arbitration and mediation and is described as a "very high-energy guy." In early 2013, Mr. Lenczner was appointed as a commissioner at the Ontario Securities Commission, but continues to practice at the firm.
Ronald Slaght QC is described as "an absolutely first-rate lawyer." Notable cases include representing BMO Nesbitt Burns in a securities class action involving allegations of misrepresentation.
Thomas Curry earns praise as "a very versatile litigator." His practice covers a range of commercial disputes including professional liability cases, IP litigation and class actions. Highlights include representing Devonshire Trust in a fraudulent misrepresentation case against Barclays Bank.
Michael Royce is singled out for his expertise in medical malpractice defence and employment litigation.
Peter Osborne focuses on restructuring and insolvency, professional liability and securities litigation. Sources say: "He's a highly regarded lawyer."
Glenn Smith recently acted for Maple Leaf Sports & Entertainment in a dispute with DLF Solutions concerning a seat reconfiguration at the Air Canada Centre.
THE FIRM This talented group of commercial litigators excels in numerous areas including competition, securities, banking and fraud, class actions and medical malpractice defence. The team has considerable experience in the technology, energy and mining sectors, where highlights include defending Xstrata Copper Chile in a dispute with Barrick concerning the ownership of the El Morro mine. Other notable cases include representing TD Bank in litigation involving the Sir Allen Stanford Ponzi scheme. Other key clients include Abbott Laboratories, AstraZeneca, Scotiabank and PepsiCo.
Sources say: "A litigation powerhouse in Ontario."
KEY INDIVIDUALS Neil Finkelstein's broad expertise covers a range of areas including competition, securities and pensions disputes. Clients say: "He is one of the leading trial lawyers in Canada - he is very smart and very efficient."
Paul Morrison is considered an expert in competition, insolvency, securities litigation and class actions. Work highlights include defending Wal-Mart against a number of class actions across Canada.
Paul Steep has extensive experience in securities litigation and class actions. Other areas of focus include medical malpractice defence and banking disputes.
Sarit Batner's expertise covers taxation, franchise disputes, professional negligence and white-collar crime. Clients say: "She is strategic in her thinking and understands the complexities of our business. She is highly responsive, dynamic, efficient and very bright."
Niels Ortved maintains a fine reputation for commercial litigation, particularly in the areas of medical malpractice and administrative law.
THE FIRM This top-choice firm is noted for its deep bench strength and considerable experience in a variety of litigation matters. Areas of expertise include competition, employment, securities and IP disputes, and the firm is also recognised for its strong class actions defence practice. Other areas of specialisation include defamation, insolvency and IT. The team recently acted for a group of ISPs including Bell Canada and TELUS in an appeal before the Supreme Court of Canada concerning broadcasting issues. Other clients include CIBC, Manulife Financial and Pfizer.
Sources say: "Torys exceeds all our expectations." "They are fabulous lawyers."
KEY INDIVIDUALS Sheila Block stands out as "one of the best litigation lawyers in Canada" and is described as "a dynamic, hard-working, top-notch counsel." She continues to represent the Ontario Teachers' Pension Plan Board in a CAD1.2 billion lawsuit launched by BCE.
Patricia Jackson is singled out as "a strategic, highly intelligent litigator with a broad-ranging commercial practice." She is also acclaimed for her securities, defamation and class actions expertise, where notable cases include defending a well-known Canadian bank against the certification of an overtime compensation class action.
John Laskin is viewed as "a very accomplished counsel" and is recognised for his experience in class actions, administrative and constitutional law, and competition litigation. He represents Ontario Power Generation in its rate hearings before the Ontario Energy Board and the Ontario Court of Appeal.
James Tory is considered "an excellent business litigation lawyer" and is widely respected for his expertise in securities litigation.
The "bright and effective" Linda Plumpton is noted for her expertise in class actions, competition and securities litigation. She recently represented National Bank of Canada in a dispute related to asset-backed commercial paper (ABCP), involving an investor loss claim.
Since publication, Wendy Matheson has been appointed as a judge of the Superior Court of Justice of Ontario.
THE FIRM This comprehensive disputes team is recognised as a strong competitor due to its continued involvement in significant competition, securities and tax cases. The firm is also highly skilled in handling media, white-collar crime, insurance and IP litigation. Highlights include representing Deutsche Bank Securities in an investigation undertaken by the Ontario Securities Commission, and advising McKesson Canada on a transfer pricing trial. Key clients include Nestlé, Ford and BHP Billiton.
Sources say: "They are very conscientious, accommodating and quick to respond; they are very concerned about meeting client needs."
KEY INDIVIDUALS Joel Richler enjoys a strong reputation for both litigation and commercial arbitration. He recently advised Suncor on a dispute involving the assignment of retail petrol stations to Husky Oil.
Paul Schabas is well regarded for his expertise in tax and white-collar cases. He is also well known for his media law practice.
The "practical, smart and strategic" Catherine Beagan Flood receives praise for her class actions expertise, as well as her involvement in competition, product liability and privacy cases.
Nigel Campbell specialises in securities litigation. His clients include Deutsche Bank Securities, RBC Dominion Securities and WFG.
Jeff Galway's experience covers class actions, competition, securities and pensions litigation. Highlights include acting for London Life Insurance on a class action application brought by members of the London Life Staff Pension Plan.
THE FIRM This group's expertise spans a range of areas including competition, environmental, defamation, tax and securities litigation. The team's industry strengths include mining, automotive, gaming, oil and gas, and media. It acted for Nunavut Iron Ore and The Energy Minerals Group on a dispute concerning the unsolicited takeover bid for Baffinland Iron Mines. It also represented Honeywell in defence of a price-fixing class action. In addition to court litigation, the team is also recognised for its arbitration and mediation practice.
Sources say: "They are intelligent, responsive and have superior strategic insights. No matter how difficult the task or how pressing the deadline, they deliver an excellent product."
KEY INDIVIDUALS Kent Thomson is widely considered a leading litigator in Ontario, particularly in the areas of securities, tax and class actions. He also has significant experience in competition dispute resolution.
James Doris is involved in high-profile securities, insolvency and competition litigation. Clients describe him as "a great advocate - he is detailed and strategic."
Sandra Forbes is well known for her competition, securities and class actions expertise. Work highlights include representing Mars Canada in a Competition Bureau investigation concerning price-fixing claims. "She is a very strong lawyer," sources say.
THE FIRM This group is highlighted for its expertise in IP, defamation, employment and real estate litigation. Other areas of focus include shareholder and securities fraud disputes, where the team recently acted for the individual defendants in a case involving misrepresentation claims brought against CIBC. The firm also advises on pharmaceutical litigation, and represented Apotex in a patent case concerning the drug Plavix. Other notable clients include IPEX, BASF, Walter Energy and Ontario Teachers' Pension Plan Board.
Sources say: "A terrific firm."
KEY INDIVIDUALS Benjamin Zarnett receives high praise as "one of the leading advocates in Canada." Sources say: "He is at the very top of the profession." He recently defended New Gold in a dispute with Barrick relating to the El Morro mining project in Chile.
John Keefe is noted for his strong practice in white-collar crime, competition and international arbitration. He is also an expert in securities fraud.
Jessica Kimmel's experience covers class actions, competition, securities and product liability litigation. She also advised New Gold on the aforementioned case alongside Zarnett.
Alan Mark returned to Goodmans in April 2013 from Norton Rose. He earns praise for his securities litigation and insolvency practice, and is also noted for his expertise in electricity-related cases
THE FIRM This litigation boutique earns widespread praise for its strength in restructuring, securities, employment and defamation litigation. In addition, it is noted for its representation of clients in class actions, mediations and arbitrations. Representative highlights include acting for Siemens on a case against JD Irving relating to a nuclear power station. The firm also represented BAT in a healthcare cost recovery case brought by the Ontario government. Other significant clients include BlackRock Asset Management, the National Hockey League and Tim Hortons.
Sources say: "We bring our largest and most critical litigation to this firm - the level of service and attention that we receive is really unsurpassed. We are blown away by how attentive they are."
KEY INDIVIDUALS Terrence O'Sullivan has a leading reputation in Ontario and across Canada. One interviewee commented: "I would give any file to him, no matter how complex."
Clifford Lax QC is also widely acknowledged as "a top litigator" in Toronto.
Sources consider Jonathan Lisus to be "truly an up-and-coming star." His areas of expertise include infrastructure, product liability and securities litigation. Clients say: "He's an extremely creative and brilliant lawyer. He builds a fabulous case - it's an art."
Charles Scott is "an incredible lawyer" whose practice focuses on commercial and employment litigation.
Insolvency and restructuring specialist Matthew Gottlieb is "thoughtful, strategic and great with clients." Highlights include representing the monitor of Unique Broadband Systems in matters relating to the company's proceedings under the Companies' Creditors Arrangement Act (CCAA).
THE FIRM This highly rated team is recognised for its strength in insolvency, banking and securities litigation. The department is also well known for its involvement in class actions, IP cases and product liability disputes. It has considerable knowledge of competition issues, and represented the Canadian Bankers Association in proceedings before the Competition Tribunal relating to Visa and MasterCard's credit card rules. Other notable cases include acting for Microsoft in litigation concerning anti-piracy and licensing, and defending Goldcorp against claims brought by Barrick in relation to the El Morro mining project.
Sources say: "They are extremely practical, goal-oriented and clear-headed on what the business issues are, not just the legal ones."
KEY INDIVIDUALS Sources highlight Larry Lowenstein for the quality of his advocacy and for his impressive client portfolio. Notable cases include representing Vale in a successful appeal of a major environmental class action.
Brett Ledger's expertise covers class actions, employment and environmental litigation. Highlights include representing General Motors of Canada in class actions arising from the company's restructuring.
Sonia Bjorkquist is recommended for her expertise in shareholder disputes and commercial arbitration. She also handles product liability cases involving the pharmaceutical sector, and defended Eli Lilly in class proceedings across Canada.
THE FIRM This Toronto-based boutique is home to 33 lawyers who are considered experts in product liability, restructuring and labour and employment litigation. In addition, the team handles white-collar crime and defamation cases. Other areas of expertise include securities, environmental and energy disputes. Notable highlights include representing Barrick in its dispute with New Gold in connection with the El Morro mining project. The team also represents plaintiffs in class actions across Canada and advises on public and administrative law. Notably, the firm represents Omar Khadr in his civil claim against the government of Canada concerning his detention in Guantánamo Bay.
Sources say: "They have a sheer depth and breadth of talent." "They are top-notch litigators across the board."
KEY INDIVIDUALS Chris Paliare is a highly rated lawyer who is considered to be "at the forefront of complex litigation in the province." He is skilled in handling labour and defamation cases in addition to class actions.
Sources are effusive in their praise for Linda Rothstein, who is "one of the premier litigators in the province - she is absolutely spectacular." She is singled out for her strength in class actions, professional liability and employment litigation. Peers note: "She is very effective and very committed to her clients."
Robert Centa focuses on shareholder, copyright and trade mark disputes. "He is a very strong litigator," sources agree.
Gordon Capern is described as "a very prominent and effective litigator." Sources are impressed with his experience in securities and shareholder cases.
THE FIRM This team is well respected for its focus on securities, competition and tax litigation. It is also renowned for its representation of clients in employment, IP and product liability disputes, and for its class action defence work. The firm also specialises in insurance litigation, representing such clients as Chubb Group. Other key clients include BAT, CIBC, Wyeth and Air Canada.
Sources say: "They're very professional and they're very on the ball."
KEY INDIVIDUALS David Byers is "a terrific counsel" who is highly regarded for his insolvency litigation practice. He also advises on securities, product liability and arbitration.
The "tremendously effective" Peter Howard is rated for his expertise in securities litigation.
THE FIRM This firm has built a strong team in Toronto, and enjoys a strong reputation for a number of litigation types including defamation, securities, IP and class actions. It has extensive experience in restructuring and insolvency-related litigation, and represented Sino-Forest in several cases and in class actions relating to its CCAA proceedings. It also acted for the noteholders of Crystallex in litigation related to that company's restructuring. Other clients include Research In Motion, Teva and Bank of America.
Sources say: "Very effective advocates; they do a tremendous job at strategy."
KEY INDIVIDUALS Department co-head Jeffrey Leon is recognised for his broad practice which encompasses securities and product liability, and is complimented on his courtroom skills. Sources say: "He's a really strong leader of that group."
Robert Staley is commended for his extensive experience in securities law and class actions. His highlights include leading the litigation for Sino-Forest.
Richard Swan is noted for his IP, professional negligence and restructuring work. He was involved in the Crystallex file alongside Derek Bell, who is rated for his expertise in insolvency and securities litigation. Of Bell, sources note: "He's a well-known Ontario litigator who's just a pleasure to deal with."
THE FIRM This team is commended for its expertise in competition, insolvency, product liability and IP litigation. It is recognised for its focus on securities law, and successfully defended the Investment Industry Regulatory Organization of Canada against an application brought by Deutsche Bank Securities concerning the collapse of the ABCP market. Other notable clients include Loblaw Companies, Fleetway and Scotiabank.
Sources say: "They have a lot of depth in advocacy, and a long tradition of producing top lawyers."
KEY INDIVIDUALS Ottawa-based Bruce Carr-Harris has a broad practice covering a range of areas including IP, professional liability and defamation. He is also experienced in construction and franchise litigation.
James Douglas is a highly regarded securities litigator who is "extremely skilled at identifying issues and bringing parties to the table."
The internationally renowned David Scott QC is widely recognised as a leading commercial litigator, and is noted for his considerable experience in professional negligence and IP litigation.
THE FIRM This firm advises on a broad range of litigation including securities, employment and pensions, defamation and IP disputes. Its industry expertise covers the health, energy, mining and aviation sectors, as well as communications and financial institutions. The group in Toronto also has a strong reputation for product liability litigation. In highlights, the firm represented Aveos Fleet Performance in an employment dispute relating to its acquisition of assets from Air Canada, involving Air Canada's primary locations across the country.
Sources say: "They offer a really good service across offices."
KEY INDIVIDUALS Robert Harrison is "a very effective advocate" with a strong reputation for handling securities, restructuring and environmental cases. "He attracts the confidence of big clients," peers note.
Gerald (Gerry) Ranking's broad experience covers insurance, real estate and employment cases. He was the lead partner on the Aveos case.
John Campion has extensive expertise in securities, professional negligence, construction and IP litigation.
Paul Monahan continues to develop a strong presence in the market, and is recognised for his involvement in banking, employment and professional negligence cases.
THE FIRM This group earns praise for its expertise in commercial litigation, with a focus on securities, restructuring and construction-related disputes. Its experience cuts across sectors, with key clients including RBC Financial Group, SNC-Lavalin and Pfizer. The team continues to represent ArcelorMittal, Porter Airlines and Nortel Networks in ongoing litigation. Other significant cases include defending Domtar against an action brought by Weston's concerning a share purchase agreement.
Sources say: "They do a fantastic job - they are very thorough and leave no stone unturned. They found the strength in our position and represented us vigorously."
KEY INDIVIDUALS James Hodgson is regarded as "a very strong and determined advocate" who is "dedicated and outstanding at customer service." He has considerable experience in both securities litigation and class actions.
Since publication, Alan Mark has joined Goodmans LLP.
THE FIRM This highly respected team is well known for its experience in securities, environmental, media and competition law. It also advises on class proceedings, and successfully represented Photon Consulting in a securities class action relating to Timminco's silicon purification processes. The team has also advised the Law Foundation of Ontario, the Canadian Broadcasting Corporation, the Ontario Energy Board and TELUS.
Sources say: "A strong firm with a breadth of courtroom experience."
KEY INDIVIDUALS Brian Gover has significant expertise in competition and administrative law. Clients describe him as "very knowledgeable, very bright and very responsive."
Paul Le Vay is an expert in securities litigation, and his practice also covers professional negligence and employment law. He is noted for his effective courtroom presence and his ability to litigate in both English and French.
Brendan Van Niejenhuis advises on class actions, securities litigation and IP cases. He has considerable experience acting for government agencies including police services and industry regulators.
Johanna Braden's practice covers professional negligence, employment, securities and health law cases. Civil fraud and contract disputes also form a large part of her practice.
The up-and-coming Luisa Ritacca advises on advertising and defamation law, amongst other areas of specialism.
Since publication, Scott Hutchison has joined Henein Hutchison LLP
THE FIRM This team's strengths lie in securities litigation and class actions, with additional expertise in fraud and professional liability. The Toronto team is also renowned for its involvement in insolvency and restructuring litigation, and highlights saw the firm act for Bowater Canada Finance in a claim relating to its Chapter 11 proceedings. The firm has also been extensively involved in litigation relating to the wind-up of Hollinger.
Sources say: "They are always very responsive and highly effective."
KEY INDIVIDUALS John Lorn McDougall QC is highly regarded for his litigation, arbitration and class actions practice. His clients include the Canadian Wheat Board and Bayer.
Michael Schafler is praised for his expertise in securities, professional liability and mining disputes. He is also noted for his representation of utilities in cases relating to the energy industry.
THE FIRM This department's Toronto-based team is highly regarded for its securities, employment, competition and tax expertise. It is also experienced in class actions, and notable cases include representing Hitachi in a class proceeding involving price-fixing claims. It also advised Korean Air on a class action brought in British Columbia, Ontario and Québec.
Sources say: "Very professional and knowledgeable lawyers."
KEY INDIVIDUALS Bonnie Roberts Jones is the head of the department. The market mourns the loss of David Roebuck, who passed away in April 2013.
THE FIRM This firm offers a range of dispute resolution services from its offices in Toronto and London, Ontario. Areas of focus include employment, defamation, insolvency and IP litigation, and the group is also active in insurance defence, professional liability and medical negligence cases. Notable matters include representing TELUS in a fraud case involving a former employee.
Sources say: "They are very professional, responsive, and produce high-quality work."
KEY INDIVIDUALS Earl Cherniak QC enjoys a strong reputation for both litigation and arbitration. Sources see him as "a major force on litigation files" and recognise his "amazing display of energy on complex cases."
THE FIRM WeirFoulds is rated for its expertise in a range of areas including defamation, employment, securities and tax litigation. It also has notable experience in insolvency-related cases and class actions. The firm has an active public law practice, with extensive knowledge of healthcare and Aboriginal issues.
Sources say: "A very strong firm."
KEY INDIVIDUALS Bryan Finlay QC enjoys a strong reputation for his broad practice, which covers securities, defamation, fraud and competition issues. Sources say: "He's exceptionally good."
THE FIRM This firm is best known for its expertise in IP litigation, product liability and class actions. In highlights, the group advised Cash Store Financial on a class action concerning payday loan transactions. The firm also acts for a number of high-profile clients from the automotive industry, including Toyota and Chrysler.
KEY INDIVIDUALS Glenn Zakaib is recommended for his focus on product liability and class actions. He also handles competition litigation.
Wendy Berman is highlighted for her specialisation in securities litigation. Clients value her strategic approach, and describe her as "exceptionally dedicated."
THE FIRM This firm is rated for the breadth of its litigation team. It is singled out for its IP litigation practice, with additional expertise in areas including product liability, medical defence, securities litigation, media law and class actions. The team represented the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) before the Supreme Court of Canada in a case concerning defamation law as it applies to hyperlinks. Other key clients include Bruce Power, the Ottawa Citizen and BCE.
KEY INDIVIDUALS Key contacts include John Callaghan and Mary Thomson.
THE FIRM This firm has a strong reputation across Canada, with expertise in key areas including product liability, construction and IP litigation. It also advises on competition litigation, class actions and restructuring files. The firm advised MasterCard on a class action alleging anti-competitive behaviour. Other notable clients include Magna, Hershey and Boehringer Ingelheim.
KEY INDIVIDUALS David Kent handles a range of litigation, including competition cases, class actions and IP disputes. He is also an expert in securities litigation.
Markus Koehnen is highlighted for his considerable knowledge of shareholder rights. Sources say: "He prepares extremely well, is very compelling in the way he presents his case, and is very measured and clear."
Thomas Heintzman QC of Arbitration Place is a prominent practitioner who has accrued considerable experience in securities, environmental and telecommunications cases. He is also recognised for his arbitration practice.
Scott Hutchison recently joined Henein Hutchison LLP, leaving Stockwoods LLP, and focuses on business crime litigation. He is also considered a strong appellate lawyer and is recognised for his class actions expertise. "He is a terrific lawyer," say sources.
Peers are impressed with Paul Pape of Pape Barristers, viewing him as "one of the best appellate lawyers around." One source enthused: "He is very effective and he really gets to the heart of the argument."
Michael Barrack of Thornton Grout Finnigan LLP represented U.S. Steel Canada in a significant application brought under the Investment Canada Act. "He is a terrific lawyer," sources agree.
John Finnigan of Thornton Grout Finnigan LLP is recognised for his expertise in restructuring and insolvency cases.
Peter Wardle of Wardle Daley Bernstein LLP is "an absolutely excellent lawyer" who is noted for his extensive experience in competition, professional negligence and wrongful dismissal cases.
Foreign Experts (Based Abroad)
Nicholas Holland heads the contentious trusts team at Bircham Dyson Bell in London, and has extensive experience of dealing with Canadian clients. He is qualified in Ontario and British Columbia, as well as the Cayman Islands, and England and Wales.