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Dispute Resolution: Ontario


CANADA: An Introduction to Dispute Resolution: Ontario

Contributed by Andrew Bernstein and Rebecca Wise of Torys LLP

In 2014, courts provided guidance on a wide variety of topics, including contractual interpretation, director liability and privacy law. There were also significant developments in other areas, such as class actions, intellectual property and securities litigation, all of which are dealt with in other parts of this volume.

Contracts

As a result of two landmark decisions of the Supreme Court of Canada, there have been significant developments in the law of contractual interpretation. The Supreme Court has recognised an “organising principle of good faith” that underlies and manifests itself in doctrines governing contractual performance. Accordingly, a new duty of honesty in contractual performance has been imposed on contracting parties. This duty creates the potential for recourse if dishonesty in the performance of a contract can be proven.

In addition, the scope of appeal in contractual interpretation cases has been significantly narrowed. The Supreme Court has held that, in most cases, issues of contractual interpretation will be questions of mixed fact and law. This means that it will be quite rare for appellate courts to reverse questions of contractual interpretation, as the standard of review is "palpable and overriding error." It also significantly limits appeals from arbitration decisions, as such appeals are typically limited to questions of law.

Corporate Litigation

Ontario’s Court of Appeal has clarified the limitations on the protections traditionally afforded to individual directors of corporations.

Historically, individual directors of a corporation have not been held personally liable for the acts of a corporation unless it can be established that the corporation was incorporated for an illegal, fraudulent or improper purpose. However, Ontario’s Court of Appeal clarified in 2014 that individual directors and officers may also be held personally liable if they are found to have directed that a wrongful thing be done by the corporation or if they are found to have used a corporation as a shield for fraudulent or improper conduct.

The Court of Appeal also clarified the reach of the business judgment rule, finding that business decisions made by directors will only be given judicial deference where the directors have satisfied the preconditions of honesty, prudence and good faith, and have a reasonable belief that their actions were in the best interests of the company.

Privacy

Developments in privacy law in 2014 trended toward further recognition of individual privacy rights. With respect to privacy on the internet, the Supreme Court of Canada recognised that there is a reasonable expectation of privacy in basic subscriber information associated with an IP address, such that a court order or search warrant must be used in order to access such information from an internet service provider. Similarly, the Supreme Court limited the right of police to search a cellular phone as an incident to arrest, recognising the potential invasion of privacy associated with such searches.

Dispute Resolution: Ontario - Canada

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第一等 |

What the team is known for Toronto-based boutique widely considered a top choice in Canada for complex and high-profile commercial litigation. The firm acts for individuals and large multinational corporations, as well as professional regulators in the life sciences, energy, professional services and natural resources sectors, among others.

Strengths (Quotes mainly from clients)
"The firm is staffed with exceptionally talented litigators who are committed to excellent service."

"A powerhouse firm with really strong litigators."  

Work highlights Represented York University in an action against its former assistant vice-president and head of campus services and business operations, Michael Markicevic, in connection with alleged deceit, conversion and conspiracy.

Notable practitioners 

Peter Griffin is widely regarded by peers and clients as one of Canada's foremost litigation lawyers. He represented DBDC Spadina in an oppression claim to appoint a receiver over commercial real estate holdings and recover funds improperly diverted. One source said: "His advocacy skills and gravitas before the courts set him apart as an exceptional litigator."

Tom Curry acted for 407 ETR Concession in connection with the bankruptcy of David Moore and his failure to pay toll charges for use of the road. One client said: "He takes on really difficult cases and does wonders with them."

Ronald Slaght QC is "a highly skilled, talented litigator." He successfully defended Richard Boxer, 867214 Ontario Ltd and Falls Entertainment Corporation against numerous contract and conspiracy claims.

Michael Royce advises primarily on medical malpractice cases and frequently represents physicians in professional liability litigation.

Peter Osborne is "a hugely capable lawyer and a serious litigator." He acts on a wide range of matters including professional malpractice, securities and restructuring files.

Alan Lenczner QC has an extensive civil, commercial and corporate litigation practice. One source said: "He has tremendous skills as a litigator and gets very good mandates." 

Significant clients Canadian Medical Protective Association, Ernst & Young, GE, BMO Nesbitt Burns, Allen-Vanguard.

第一等 |

Basic facts about the department
- 50 partners
- 63 other qualified lawyers

What the team is known for Highly regarded for major litigation including arbitration, class action and general commercial matters. Notable expertise advising on competition, personal injury and professional malpractice claims as well as acting for clients on significant business disputes. The firm also has a strong focus on health law, including litigation and administrative tribunal work.

Strengths (Quotes mainly from clients)
"They are highly competent and skilled, with broad bench strength. They provide exemplary service, and are responsive and measured in their response."

"They have the ability to really understand our business and wrap their heads around it. They understand how to work with the client." 

Work highlights Acted for CGI Information Systems & Management Consultants on litigation relating to the termination by eHealth Ontario of a contract for the creation of a diabetes registry for the Province of Ontario.

Acted for Michael DeGroote on a claim for the recovery of approximately USD120 million obtained from him by fraud.

Notable practitioners 

Neil Finkelstein handles significant commercial, competition and securities cases. In highlights, he represented the Ontario Lottery & Gaming Corporation in a case brought by Windsor Racetrack following OLGC's decision to shut down the slots at the racetrack.

Paul Steep is well respected by peers for his securities litigation expertise. One source said: "He is excellent in terms of co-operation and strategy. He's very straightforward, upfront and very very effective. I have the utmost respect for him." Another interviewee added: "I would send a case to him any day of the week."

Paul Morrison "puts clients' interests first - he leaves no stone unturned in terms of looking at potential arguments and putting them forward articulately and forcefully. He has an incredible work ethic." He represented CGI Information Systems in its litigation against eHealth Ontario.

Sarit Batner is "a very dynamic presence - she's good in court and inspires confidence in the judiciary." She operates a wide-ranging corporate commercial litigation and arbitration practice.

Niels Ortved handles commercial, administrative and medical malpractice cases. One source said: "He's a very good commercial litigator."

Significant clients Ontario College of Teachers, TD Bank, J.D. Irving, SK Hynix, Canadian Bar Association.

Band 1 | Torys LLP

第一等 |

Basic facts about the department
- 21 partners
- 18 other qualified lawyers

What the team is known for A deeply rooted member of the litigation landscape in Ontario, acting on a wide range of domestic and multi-jurisdictional business disputes. The firm has a strong track record acting for clients in the manufacturing, technology, pharmaceutical and transportation sectors as well as advising on insolvency litigation, energy disputes, and administrative and appellate law.

Strengths (Quotes mainly from clients)
"We've been very pleased with them. They have consistently acquitted themselves very well on a number of significant litigation matters. They give us sound, tactical and strategic advice."  

Work highlights Continues to act for the Nortel US group of companies in connection with the company's cross-border insolvency litigation proceedings.

Acted for the Canadian Bankers Association on appeal before the Supreme Court of Canada in a case relating to provincial jurisdiction over bank-issued credit cards.

Notable practitioners 

"Go-to litigator" Sheila Block handles a wide range of corporate commercial cases as well as administrative and securities litigation. One source said: "She gets to the nub of an issue very quickly and is very effective either in a court setting or in negotiations." 

Patricia Jackson is sought out by clients on major contentious matters. She represented the Canadian Civil Liberties Association as an intervener before the Supreme Court in a constitutional challenge to Alberta’s Personal Information Protection Act.

John Laskin "has the ability to tackle litigation in a calm, assertive way. He's very intelligent and has lots of experience. He's able to manage complex files - it's quite remarkable how he operates." 2014 saw him argue an appeal for Tervita concerning a challenge by The Commissioner of Competition following its attempted takeover of Complete Environmental.

James Tory is "very thoughtful, efficient in his submissions, and very effective." He has been acting for CIBC on a class action involving alleged disclosure violations in connection with its exposure to the US sub-prime mortgage market.

Linda Plumpton "is a very good, well-regarded and well-respected lawyer." She acted for Snowden Mining Industry Consultants on a securities class action involving allegations of misleading information.

Crawford Smith handles corporate commercial disputes, securities litigation and energy regulatory proceedings. "He's a terrific lawyer," say sources.

Significant clients Manulife Financial, The Great-West Life Assurance Company, Associate Chief Justice Lori Douglas, Pfizer, Brookfield Renewable Power.

第二等 |

Basic facts about the department
- 12 partners
- 7 other qualified lawyers

What the team is known for Advises on a wide range of mandates, including competition, environmental and securities disputes. Notable experience acting on class proceedings and proxy contests, as well as on litigation involving the firm's mining industry clients. Also handles disputes for public and private companies in the real estate, telecoms, manufacturing and energy sectors.

Strengths (Quotes mainly from clients)
"The firm is characterised by its tenacity and work ethic. The lawyers are very creative and incredibly well prepared."

"They're highly professional and very focused. They have a balanced approach and make sure the client understands all the potential outcomes."  

Work highlights Successfully defended Bruce Walter against allegations of insider trading brought by the Ontario Securities Commission.

Acted for Barrick on an action brought by nine individuals involving claims of injury and human rights violations at its North Mara mine in Tanzania.

Notable practitioners  

Kent Thomson is noted for his expertise in commercial, securities and competition litigation. One source said: "He has a unique ability to cut through to the heart of the issue and is very, very quick and creative. He's an incredible advocate both on his feet and in his preparation."

Sandra Forbes "performs brilliantly and is very incisive - she really develops a rapport with the court." She is lead counsel for Mars in criminal proceedings relating to the price fixing of chocolate products in Canada.

Andrea Burke is "an extremely capable commercial litigator who is a good cross-examiner and highly knowledgeable in commercial and securities areas. She is succinct, persuasive and good on her feet." Alongside Kent Thomson, she defended Bruce Walter in the abovementioned insider trading case.

James Doris is praised by clients and peers for his calm demeanour and effective courtroom presence. He is acting for the joint administrators of the Europe, Middle East and Africa debtors of Nortel Networks in the company's insolvency litigation proceedings.

Luis Sarabia "is pragmatic, sensible and listens to our views. He is a good sounding board, gives pragmatic advice and has a sense of calmness which gives you a lot of security."

James Bunting is "one to watch - he is really excellent, high energy, very articulate, and a strong and growing litigator." He acted for Capital Power, Pattern Renewable and Samsung Renewable on challenges to two wind energy projects.  

Significant clients GM Canada, Agnico-Eagle Mines, Ontario Lottery & Gaming Corporation, BHP Billiton, Newmont Mining.

Band 2 | Goodmans LLP

第二等 |

Basic facts about the department
- 31 partners
- 23 other qualified lawyers

What the team is known for Notable expertise in insolvency and securities litigation. Also has a strong track record acting on product liability, class actions and general commercial litigation, acting for corporations as well as directors and officers. Expertise cuts across sectors, including energy and natural resources, telecoms, professional services and financial services.

Strengths (Quotes mainly from clients)
"They handled the file very well - they were very well prepared and managed the process quickly and efficiently."

"They are thorough and practical as well as hard-working and focused."  

Work highlights Continues to act for Ernst & Young as the Companies' Creditors Arrangement Act monitor in the restructuring proceedings of Nortel Networks.

Acting for Hudbay Minerals on a poison pill action in connection with its takeover bid for Augusta Minerals.

Notable practitioners 

Benjamin Zarnett "is one of the best litigators in the country. Judges have so much confidence in him - he's a very insightful and strong advocate." One source added: "He's got impeccable judgement and is very succinct. He's a very clear thinker, spots issues that are important and gets to the heart of them very quickly."

Jessica Kimmel "is cool under fire, and in both preparing and presenting the case she showed real intellectual strength - her strategy was excellent." Her practice includes both commercial litigation and class action defence.

Alan Mark has a diverse corporate commercial litigation practice which includes acting on securities, financial services, and restructuring and insolvency litigation.

John Keefe has a wide-ranging litigation practice which encompasses commercial disputes, securities fraud and competition cases.

Significant clients Apotex, Chevron, Look Communications, Capital One Financial, Northland Resources.

第二等 |

What the team is known for Well-regarded Toronto boutique with a strong focus on high-end commercial litigation. Also offers notable expertise in restructuring and insolvency, and class action litigation. Clients include professional services, manufacturers, technology and life sciences companies.

Notable practitioners 

Founding partner Terrence O'Sullivan has an extensive civil litigation practice and is noted for his experience of both domestic and cross-border cases.

Jonathan Lisus is "very practical and a good litigator - I like his energy." He acts on infrastructure-related litigation, product liability and securities files as well as shareholder disputes. 

Matthew Gottlieb focuses on restructuring and insolvency disputes as well as commercial litigation. One source said: "He is a highly skilled cross-examiner who is at ease in the courtroom and has a good rapport with judges."

Eric Hoaken has a broad commercial litigation practice with expertise in health law-related matters. One source said: "He's smart, aggressive and has a very creative legal mind. He does an excellent job in handling complex cases."

Rocco Di Pucchio represents clients in automotive litigation as well as advising on construction, engineering, securities and competition disputes.

Clifford Lax QC has more than four decades of experience and expertise in commercial litigation in Canada, and is a highly respected member of the Ontario Bar.

Since publication, Charles F Scott has joined Charles F Scott, Barrister Arbitrator

第二等 |

What the team is known for Enjoys a solid reputation for complex corporate commercial litigation, acting for a wide range of individuals and companies on securities, product liability, bankruptcy and insolvency litigation. The firm also acts on class actions for both plaintiffs and defendants.

Strengths (Quotes mainly from clients)
"They're a very close team - each person knows what the others' strengths are and they cover for each other very well."  

Notable practitioners 

The well-known Chris Paliare advises on commercial litigation as well as class actions, professional discipline and employment law. One source said: "He is great on his feet. He knows his stuff and I have a lot of respect for him."

Linda Rothstein handles corporate commercial litigation as well as class actions. She has significant expertise handling professional misconduct disputes as well as commercial mediation and arbitration.

Gordon Capern "is a hard-hitting litigator who is great in the courtroom." He acts for businesses across a large number of sectors including manufacturing, IT and mining.

Robert Centa is a "very insightful and practical litigator." His disputes practice covers securities, corporate commercial, copyright and professional discipline litigation.

第三等 |

Basic facts about the department
- 16 partners
- 14 other qualified lawyers

What the team is known for Impressive strength in commercial litigation as well as class actions and commercial arbitration. Regularly acts for clients on securities, fraud and competition litigation, with additional expertise of insolvency and defamation proceedings. The firm is a popular choice among government clients, including the Prime Minister's Office.

Strengths (Quotes mainly from clients)
"They are our go-to counsel; we've had a lot of success with them and I'm hugely impressed with them as a firm."

Work highlights Acted for the court-appointed monitors of Stanford International Bank on litigation brought against TD Bank involving allegations of negligence and aiding in financial fraud.

Defended the Prime Minister, Stephen Harper, and other defendants against defamation and conspiracy allegations made by former federal minister Helena Guergis.

Notable practitioners 

Jeffrey Leon represented the offeree shareholders of Med-Eng in a misrepresentation dispute following the sale of Med-Eng to Allen-Vanguard. One source said: "He brings a solution-based approach to litigation. He displays grace under pressure and provides us with sage advice."

Robert Staley continues to act for Sino-Forest on a class action seeking significant damages against numerous defendants. One source said: "I have absolute trust in him. I want him representing my interests - he's smart and knows the law inside out. He can step into a situation and provide very clear, direct advice that is correct. He's a problem solver."

Richard Swan handles corporate, commercial and public law litigation. He is lead counsel for the Nortel Noteholders Committee in connection with the company's Canadian insolvency proceedings.

Derek Bell represented the Bank of America in a class action involving claims for USD5 billion of interchange fees. One interviewee enthused: "He handled our file with an assuredness and deftness. He was calm and reassuring, and worked through the technical aspects really, really well."

Significant clients BMO; Commissioner of Competition; Ontario Securities Commission; Provinces of New Brunswick, Nova Scotia, Prince Edward Island, Saskatchewan and Manitoba; Expedia.

第三等 |

Basic facts about the department
- 38 partners
- 31 other qualified lawyers

What the team is known for Acts across the full range of disputes including securities, environmental, competition and product liability proceedings in single or multiparty litigation. The firm has notable expertise acting for financial institutions and clients in the life sciences, natural resources and technology sectors. The firm also advises on anti-corruption and defamation.

Strengths (Quotes mainly from clients)
"They're a very high-quality firm and handle cases efficiently."  

Work highlights Acted for McKesson Canada on appeal in a transfer pricing trial concerning the sale of trade receivables.

Defended Toronto Star Newspapers and its reporters and editors against a CAD2 billion libel action brought by Shirley Browne.

Notable practitioners 

Joel Richler "is a smart, strategic litigator. He's very bright and very quick." He advises on a wide range of litigation including trial, appellate, arbitration and mediation work.

Paul Schabas "is a very good strategist and an extremely good advocate." He acted for Sing Tao Daily on a libel action brought by Bang-Gu Jiang, using a defence of responsible communication on a matter of public interest.

Nigel Campbell acts for clients on securities litigation and administrative law matters as well as handling corporate commercial disputes. One client said: "He's very experienced and gets the work done efficiently, and we have all the confidence in the world in him."

Jeff Galway has a corporate commercial, securities and competition litigation practice. He also advises on administrative and regulatory proceedings as well as class action defence.

Michael Barrack joined the firm in March 2015 from Thornton Grout Finnigan LLP. He is highlighted by peers for his insolvency litigation expertise, and also acts for clients on corporate commercial litigation.

Significant clients BHP Billiton, CIBC, Nestlé, Merck, Ontario Power Generation.

第三等 |

Basic facts about the department
- 35 partners
- 23 other qualified lawyers

What the team is known for Strong track record of substantial commercial cases as well as product liability litigation. Also acts on class actions and domestic and international arbitration, including significant mandates for companies in the telecommunications, health, mining and technology sectors. The firm maintains a strong focus on corporate social responsibility and white-collar crime.

Strengths (Quotes mainly from clients)
"They perform very well and grasp the key issues of how our company works."

Work highlights Successfully defended former Chief of Staff to the Prime Minister of Canada, Nigel Wright, in an investigation by the Royal Canadian Mounted Police into alleged illegal conduct relating to expenses claims by various Canadian senators.

Acted for Automodular on a breach of contract claim against GM Canada following the termination of a contract for the sequencing and sub-assembly of components and modules for the Chevrolet Camaro.

Notable practitioners 

Robert Harrison "has excellent cross-examination skills and a strategic mind for litigation. He sees the big picture and has an excellent sense of how a matter will unfold from an early stage." He represented Boldon James in a dispute with another software company alleging breach of confidence, copyright and contract as well as intentional interference with economic relations.

Gerald Ranking regularly acts on professional negligence and pension disputes. He is defending US investment manager Westwood Management against a claim seeking damages after a 'lift out' of employees from AGF Management to form the Canadian office of Westwood Management.

Significant clients Canadian Pacific Railway, Rogers Communications, UPS, Canadian Civil Liberties Association, Inukshuk Wireless Partnership.

第三等 |

Basic facts about the department
- 22 partners
- 27 other qualified lawyers

What the team is known for Broad practice encompassing shareholder disputes, and product liability, competition, construction and securities litigation, as well as both single plaintiff and class action proceedings. Clients include pharmaceutical, infrastructure and natural resources companies as well as financial institutions, transportation companies and technology firms.

Strengths (Quotes mainly from clients)
"They are excellent - very creative thinkers and work hard on the cases." 

Work highlights Defended Chevron against attempts to enforce in Canada a USD9.5 billion judgment obtained against the company in Ecuador.

Notable practitioners  

Orestes Pasparakis acts on shareholder disputes, securities and insolvency litigation. In highlights, he represented the Mobilicity Group in litigation related to its Companies' Creditors Arrangement Act proceedings.

James Hodgson's practice encompasses shareholder, securities, construction, professional liability and product liability disputes. He acted for SNC Lavalin and its outside board of directors on a securities class action involving alleged misrepresentation concerning anti-corruption matters.

Significant clients Carillion Canada, BMO Financial Group, GlaxoSmithKline, Pfizer, Porter Airlines.

第三等 |

Basic facts about the department
- 30 partners
- 28 other qualified lawyers

What the team is known for Handles significant litigation and class action proceedings for major clients in the banking, pharmaceutical, aviation and natural resources sectors, among others. The firm has a successful record acting on product liability, copyright, securities, environmental and insolvency litigation. 

Strengths (Quotes mainly from clients)
"They have an excellent grasp of the significant complexities surrounding the client's strategic business goals. Their team is thoroughly prepared for litigation hearings and advocate the client's positions from a depth of knowledge and with conviction."

"They nurture the client and have a strong litigation presence at various levels of seniority." 

Work highlights Acted for Shoppers Drug Mart on a challenge to Ontario's ban on private label generic drugs.

Acted for Re:Sound on a judicial review of a decision in connection with the Copyright Board of Canada's certification of the company's tariffs.

Notable practitioners 

Larry Lowenstein "is effective, a good speaker and good on his feet - he is very engaging," one source said, while another added: "He thinks and plans several steps in advance." He defended Canadian Transit Corporation in a series of proceedings relating to the Ambassador Bridge connecting Windsor and Detroit.

Sonia Bjorkquist acts on class actions and product liability litigation. She represented Parsons and Whittemore and other defendants in a class action involving claims of a breach of trust and fiduciary duty in relation to a bankrupt paper mill.

Mahmud Jamal is well regarded for his public law, constitutional law, competition and banking litigation expertise. One source said: "He's a very, very smart guy. He has that raw intelligence but also the analytical skills and ability to break down tough problems." 

Brett Ledger acts on environmental, pension and employment litigation as well as class actions. Notably, he is advising Irving Oil on a proposed class action following the Lac-Mégantic rail disaster.

Significant clients Imperial Tobacco Canada, Amex Bank of Canada, Boston Scientific, Canadian Bankers Association, Bank of Montreal.

第三等 |

Basic facts about the department
- 35 partners
- 42 other qualified lawyers

What the team is known for Advises on significant business disputes including securities, product liability and competition litigation as well as proxy contests and takeover actions. The firm has a strong presence in the technology, transportation, natural resources and financial services sectors. 

Work highlights Acted for TekSavvy Solutions on a motion brought by film production company Voltage Pictures, seeking the personal information of subscribers in connection with alleged peer-to-peer sharing violations.

Acted for Medtronic and Medtronic of Canada on two class actions relating to potential defects in the company's medical devices.

Notable practitioners 

David Byers "is a straight shooter - his material is well prepared and presented, and he has a good manner with opposing counsel and the court." He successfully represented Air Canada in a class action involving the alleged improper collection of US travel taxes.

Peter Howard acts on class actions and commercial litigation matters including securities, shareholder and insolvency disputes. One source said: "He's good at explaining to clients how things are and how to get the best result."

Eliot Kolers "is very thoughtful and has the ability to pull concepts together and seek resolution." He advised IAT Reinsurance on a proxy contest for the control of MFC Industrial's board of directors.

Significant clients CIBC, BAT, Infineon Technologies AG and North America, Timminco, UBS.

Band 3 | Stockwoods LLP

第三等 |

What the team is known for A prominent reputation for litigation in Toronto, with notable expertise in commercial, criminal and regulatory litigation. Regularly advises on securities, tax and competition disputes, as well as on public inquiries and inquests. The firm acts for a strong stable of financial services sector clients and is a popular choice for referral work from major law firms.

Strengths (Quotes mainly from clients)
"They are excellent counsel and have great expertise in securities and regulatory disputes."  

Notable practitioners 

Brian Gover has notable expertise in public law and administrative law litigation. He also acts on commercial and competition disputes. One source said: "He is very strategic and provides practical and focused advice to his clients."

Paul Le Vay acts for financial institutions, with a focus on securities litigation. He also acts on professional negligence and discipline matters. One source said: "He is very professional and easy to work with, and is very good in the courtroom."

Brendan Van Niejenhuis advises on securities regulation, competition litigation and IP disputes, as well as class action proceedings.

第四等 |

Basic facts about the department
- 36 partners
- 31 other qualified lawyers

What the team is known for Acts for both corporate and government clients across a wide range of commercial disputes as well as class actions. Noted for its experience of banking, municipal liability and securities litigation. The firm also advises on shareholder disputes as well as insolvency and competition law.

Strengths (Quotes mainly from clients)
"They have broad experience and ability in defending our files. They are great at sharing their experience and provide lots of value-added extras." 

Work highlights Acted for Scotiabank on a class action involving claims of unpaid overtime.

Advised the government of Nunavut on a claim seeking damages relating to the alleged violation of the Nunavut Land Claims Agreement by the Canadian government.

Notable practitioners 

Christopher Bredt represented Loblaws in a class action involving allegations of misleading advertising. He has a wide-ranging civil and commercial litigation practice and is highlighted for his constitutional law expertise.

Bruce Carr-Harris operates a diverse civil litigation practice as well as acting on domestic and international arbitrations. His experience encompasses public law, defamation and construction litigation.

James Douglas is "practical, effective and highly respected for his securities expertise." He defended AIC Limited in a class action regarding market timing.  

Significant clients JTI-Macdonald, George Weston, NagraStar, Harbinger Capital Partners, Parrish & Heimbecker.

第四等 |

Basic facts about the department
- 22 partners
- 24 other qualified lawyers

What the team is known for A regular feature on commercial litigation in the energy and natural resources sectors, as well as advising clients in the insurance, real estate and technology industries on a wide range of disputes. The firm has notable experience of auditor liability work, and is also well placed to handle arbitration and mediation.

Strengths (Quotes mainly from clients)
"They understand our business and how we operate. They employ the right strategy for the right circumstances."  

Work highlights Represented Canadian National Railway in a successful appeal in connection with the purchase of a contaminated property by Crosslink.

Notable practitioners  

Michael Schafler has notable expertise in securities and energy disputes as well as auditor liability. One source said: "He is determined, very thorough and gives practical advice. He's very entrepreneurial and is one step ahead of the case in terms of where it is heading."

Significant clients Deloitte, PwC, Teledyne Technologies, BMO, HSBC.

Band 4 | McMillan LLP

第四等 |

Basic facts about the department
- 30 partners
- 30 other qualified lawyers

What the team is known for A heavy focus on class action and product liability litigation, as well as advising on competition and antitrust and insolvency-related disputes. Also active on securities litigation, consumer protection and franchising issues.

Strengths (Quotes mainly from clients)
"They provide solid and quick legal advice, and are very insightful in their strategic approach and their timing to address practical commercial matters." 

Work highlights Advised Miller Brewing on litigation relating to the termination of its Canadian licence agreement with Molson.

Defended Novartis Consumer Healthcare against claims of consumer deception in the marketing of children's cough and cold medications.

Notable practitioners 

David Kent advises on competition, IP, securities and governance disputes, with notable expertise defending class actions. He continues to act for MasterCard on the credit card class actions relating to the setting of merchant fees.

Markus Koehnen is "a very good, disciplined and focused lawyer who isn't afraid of taking a case all the way through to judgment." He wins praise for his deep expertise in shareholder remedies.

Band 4 | WeirFoulds LLP

第四等 |

What the team is known for Enjoys a strong reputation for business litigation, with a substantial trial and appellate practice. The firm has expertise in a number of areas including securities, tax, defamation, insolvency and competition litigation.  

Notable practitioners 

Bryan Finlay QC is partner emeritus at the firm. One source said: "He is a very respected senior counsel with a leading reputation."

第五等 |

Basic facts about the department
- 19 partners
- 17 other qualified lawyers

What the team is known for Stands out for its experience of mining-related disputes, with additional expertise in securities litigation, tax and insolvency. Also advises on product liability, shareholder activism, First Nations litigation and other general commercial matters. The firm represents financial institutions, government clients, manufacturers, retailers and franchisers.

Work highlights Acted for Denison Mines on securities litigation arising out of its hostile takeover bid for Rockgate Capital.

Defended Toyota Canada against breach of contract and implied duty of good faith claims in connection with a car dealership application.

Notable practitioners 

Glenn Zakaib is "a very good lawyer who brings good judgement to the table. He is a thoughtful lawyer who will provide practical advice and take reasonable positions that will be a success in the long run." He focuses on class action and product liability disputes in the life sciences and automotive sectors.

Wendy Berman is well regarded for her expertise in securities dispute resolution. One source said: "She is sensible, innovative and hard-working." She represented The Cash Store Financial Services in an action seeking damages of USD110 million relating to the recovery of funds advanced to the company.  

Significant clients Goldcorp Canada, City of Mississauga, Conservative Party of Canada, Henco Industries, Postmedia Network.  

Band 5 | Gowlings

第五等 |

What the team is known for Well positioned to advise on dispute resolution in Ontario, with offices in Toronto, Ottawa, Hamilton and Waterloo. Handles an extensive amount of IP litigation as well as insurance, product liability and professional liability disputes. The firm has a strong reputation in pharma and healthcare.

Notable practitioners 

Robert Armstrong heads the firm's commercial litigation group and acts on both trial and appellate matters. He has notable expertise advising on financial services, securities and capital markets litigation.

John Callaghan has a wide-ranging civil and commercial litigation practice representing government, banking and corporate clients in constitutional, contract and commercial disputes as well as advising on class actions.  

Band 5 | Lerners LLP

第五等 |

Basic facts about the department
- 30 partners
- 22 other qualified lawyers

What the team is known for Acts on high-profile litigation, including defamation and media cases, professional liability and competition class actions. The firm also advises on public interest hearings and operates a significant appellate practice.

Work highlights Represented The Honourable Kathleen Wynne in a defamation claim against the Ontario Progressive Conservative Party leader Tim Hudak and energy critic Lisa MacLeod.

Represented the Canadian Medical Protective Association in the defence of a physician in a medical malpractice claim which involved issues of how counsel are permitted to interact with expert witnesses in relation to the preparation of their expert reports.

Notable practitioners 

Earl Cherniak QC has significant experience in commercial litigation, class actions and appellate matters. He is defending Joseph Groia against disciplinary proceedings by the Law Society of Upper Canada in connection with alleged uncivil conduct in defence of a client in a major securities fraud.

Significant clients Canadian Civil Liberties Association, Dr Sherri Wise, The Lawyers’ Professional Indemnity Corporation, Military Police Complaints Commission, TELUS Communications.

Other Ranked Lawyers 其他上榜律师

Charles Scott left Lax O'Sullivan Scott Lisus LLP in early 2015 to establish an independent practice. He acts primarily on commercial and employment litigation. One source said: "He has been on a number of big cases. He's someone other lawyers will go and watch if they have time."

Scott Hutchison of Henein Hutchison LLP has a strong track record acting on regulatory and constitutional litigation. He also defends clients in white-collar criminal proceedings in addition to a strong appellate practice.

Paul Pape of Pape Barristers is rated for his experience of administrative litigation, medical malpractice and securities disputes. He also acts on class action proceedings and is well regarded for his appellate practice.

John Finnigan of Thornton Grout Finnigan LLP acts primarily on insolvency disputes, with additional experience representing clients in complex commercial litigation.

Peter Wardle of Wardle Daley Bernstein LLP handles shareholder, securities, competition and professional negligence disputes. One source said: "He's a strategic and canny litigator, and gets great results for his clients."

Foreign Experts (Based Abroad)

Nicholas Holland of McDermott Wills & Emery is based in London from where he handles contentious trust matters as well as complex commercial litigation. One source said: "He has very good skills with clients - he is very practical and likeable, and has a sharp brain on him." Holland is admitted as a barrister and solicitor in Ontario and British Columbia.

Foreign Experts

Foreign Experts are individuals with expertise in a different jurisdiction to the one they are based in. These individuals are particularly highly regarded for international and cross-border work. Usually, they will be identified in the jurisdiction in which they are based and in their country of expertise.

Senior Statesman

A 'Senior Statesman' is a lawyer who no longer works hands-on with the same intensity but who, by virtue of close links with major clients, remains pivotal to the firm’s success.

Eminent Practitioners

'Eminent Practitioners' are highly influential lawyers in a particular practice area who, due to managerial or client relationship commitments, are less active in day-to-day work but remain key players in the team.

Other Noted Practitioners

Other Noted Practitioners are individuals who have not yet been ranked but are seen to be active and accomplished in this area of law.

Other Noted Firms

Other Noted Firms are firms that have not yet been ranked but are seen to be active and accomplished in this area of law.