Cases


Counsel to the Defendants in a class proceeding alleging that various brands of network-branded payment cards were subject to activation, dormancy, and other fees that constitute misrepresentations, breach of contract, and breaches of various provincial consumer protection legislation and related regulations.


Counsel to a defendant cell phone manufacturer in a proposed class proceeding alleging that cellular phones designed, manufactured, and sold by various defendants emit excessive amounts of radiation that allegedly causes adverse health effects.


Counsel to a defendant law firm in a proposed class proceeding in Saskatchewan relating to a tax donation program alleging professional negligence.


Counsel to the defendant Société Générale in a proposed class action alleging conspiracy and price fixing in connection with the international foreign exchange market. The plaintiffs seek billions of dollars in damages.


Counsel to the defendant Imperial Metals Corporation in a class action relating to alleged breaches of the Securities Act in connection with a breach of the tailings storage facility at the Mount Polley Mine.


Counsel to the defendant 407 ETR in a class action relating to the use of the statutory licence plate denial remedy in relation to insolvent individuals.


Counsel to the Canadian Wheat Board in a proposed class proceeding in the Federal Court by former grain producers. 


Counsel to the defendants in a class action alleging failure to disclose foreign exchange fees in registered accounts.


Counsel to a defendant electronics company in a proposed Ontario class action relating to allegations of price-fixing in the market for electrolytic capacitors.


Counsel to the defendants in a class proceeding by unit holders of Partners REIT.


Counsel to Société Générale in a proposed class action alleging conspiracy and price fixing in connection with the international gold market.


Counsel in the successful mediation and settlement of multiple Canadian and US class proceedings in the context of an Ontario CCAA proceeding, leading to US recognition and enforcement of the settlement.


Counsel to the CEO of MtGox Inc, a defendant in a proposed Ontario class proceeding, concerning the failure of the Japanese BitCoin exchange.


Counsel to the defendant developer in a class action alleging breach of contract and negligence relating to the installation of plumbing fixtures.


Counsel to a defendant electronics company in a proposed British Columbia class action relating to allegations of price-fixing in the market for capacitors.


Counsel to the defendant Canadian Wheat Board in a class proceeding by former producers seeking $15 billion in the Saskatchewan Court of Queen's Bench. Successfully moved to strike allegation made by the plaintiffs.


Counsel to LG Canada Inc. in a products liability claim alleging negligence in the manufacture and sale of refrigerators.


Counsel to a defendant in a multi-jurisdictional class action involving alleged price-fixing among automotive parts manufacturers.


Counsel to an automotive parts manufacturer in a proposed class action alleging a price-fixing conspiracy.


Counsel to defendant underwriting syndicate in a securities class action.


Counsel to Boiron, a Quebec based company, in a class action alleging misrepresentations in the marketing of a homeopathic medicine product.


Counsel to two defendants in a class action brought on behalf of taxpayers who participated in a charitable donation program.


Counsel to a defendant in a class proceeding alleging that the defendant breached its duty of good faith to its franchisees when it discontinued its wholesale distribution business and outsourced that business to a third party supplier.


Counsel to BMO Nesbitt Burns Inc. in an overtime class action brought by a former investment advisor on behalf of all BMO NBI investment advisors in Ontario.


Counsel to two defendants in a securities class action alleging prospectus misrepresentation by the issuer, selling shareholders and others. Class definition under section 130 of the Securities Act successfully restricted to purchasers under the prospectus and not secondary market purchasers during the period of distribution.


Counsel to defendant, Cassels Brock and Blackwell LLP, in an eight week trial commenced on behalf of a group of General Motors of Canada Limited dealers whose dealerships were terminated by GMCL as a result of the financial crisis and "auto bailout" in the summer of 2009.


Counsel to the defendant Corn Products International Inc. in a class proceeding alleging conspiracy to fix prices and restrain competition in the market for high fructose corn syrup.


Counsel to one of the defendants in a class proceeding against numerous flat glass manufacturers alleging a price fixing conspiracy and breach of the Competition Act in the Canadian flat glass market.


Counsel to defendants in securities class action relating to misstatements in financial results.


Counsel to the defendant, Stephen Giordanella, in a proposed class action under the Ontario Securities Act.  Successfully moved to to strike the Statement of Claim, without leave to amend, as against the individual defendant.


Counsel for the defendant auditors of Sino-Forest Corporation in connection with a shareholder class action claiming damages in order of $9 billion on behalf of primary and secondary market purchasers and debt-holders. Successfully resolved proceeding and coordinated precedent setting settlement approval of a Canadian class action within the context of an ongoing CCAA proceeding. Counsel in appeals from settlement approval to the Court of Appeal and Supreme Court of Canada, both of which were dismissed.


Counsel for one of the defendants in a shareholder class action alleging that the defendant company's public offering prospectus and other disclosure documents contained untrue representations on a motion for an order certifying the action as a class proceeding for settlement purposes.


Counsel to defendant law firm in a class action in connection with a charitable tax program.


Counsel to the Government of Canada in a class proceeding brought by tobacco quota farmers against the Minister of National Revenue.  Successfully moved to strike the Statement of Claim without leave to amend on the basis that it disclosed no reasonable cause of action.


Counsel to Inco Ltd. in a mass tort class proceeding alleging nuisance and a reduction in property values resulting from emissions of copper, cobalt, nickel, lead and other industrial waste. The trial judge had found for the class and gave judgment for $36 million in property damages. On appeal, the plaintiffs' class action claims in the amount of $36 million were dismissed.


Counsel to one of the defendants in a class proceeding alleging conspiracy to fix passenger fares, including breach of the Competition Act.


Counsel to the underwriters in a shareholder class action alleging prospectus misrepresentation and stock option manipulation. Successful dismissal of a motion for certification of common law claims for misrepresentation. Leave to appeal denied, with result that only statutory claims for misrepresentation in secondary market disclosure documents and unjust enrichment remained. 

Read Lexpert's Significant Matters summary.


Counsel to defendant York University in a proposed class action by students arising out of an instructors' strike.  Successful in resisting certification of the action as a class proceeding.


Counsel to the defendant obtaining a successful dismissal at certification of a class action alleging improper holds on deposited funds in client accounts of the Bank.


Counsel to the Trustee of the settlement fund created following the settlement of a class action brought against the Red Cross Society surrounding tainted blood. 


Counsel to underwriters in a class proceeding alleging prospectus misrepresentations. 


Counsel to officers and directors in two class proceedings alleging misrepresentations in a prospectus and disclosure documents, including a statutory cause of action pursuant to s. 138 of the Ontario Securities Act.


Counsel to the Chief Executive Officer and certain directors in a shareholder class action alleging fraud and misrepresentation through press releases, prospectus statements and accounting relating to gold reserves in a large property in Busang, Indonesia.

Read Lexpert's Significant Matters summaries (CA and ON SC).


Counsel to a physician in a class action relating to the use of an injectable treatment.


Counsel for a defendant in a class action relating to an alleged price-fixing conspiracy in the market for air freight shipping services.


Counsel to the defendant law firm in a class action for solicitor's negligence involving a tax shelter based on charitable donations using in part borrowed money for tax deductions.

Read Lexpert's Significant Matters summary.


Counsel to Sony Music Canada Inc. and Warner Music Canada Ltd. in Canadian class proceedings alleging copyright infringement in respect of recorded musical works and royalty payments by major music labels.


Counsel to Nortel Networks Corporation in several Canadian and US class action proceedings relating to alleged misrepresentations, accounting negligence and violation of securities law.


Counsel to Danier Leather Inc. in a shareholder class action asserting a statutory cause of action for prospectus misrepresentation pursuant to the Ontario Securities Act. Judgment for the plaintiffs at trial successfully overturned on appeal to the Ontario Court of Appeal and upheld by the Supreme Court of Canada.

Read Lexpert's Significant Matters summary.


Counsel to McDonald's Restaurants of Canada Ltd. in a class proceeding alleging misrepresentation arising out of a marketing and promotion campaign.


Counsel to the defendant 407 ETR in a class action dealing with the payment of late payment fees alleged to have violated the Criminal Code.


Counsel to a law firm and one of its partners in shareholder class proceedings alleging fraud and misrepresentation in a prospectus and financial statements, and defence of related Ontario Securities Commission proceeding.


Counsel to Winners in Canadian and US class proceedings alleging data security breach in respect of consumer, personal and credit information and related fraud allegations.


Counsel to the defendant accounting firm in a class action proceeding against Atlas Cold Storage Holdings Inc. alleging prospectus misrepresentations, accounting and underwriting negligence in the preparation of financial statements and the issuance of annual reports.


Counsel for Her Majesty the Queen in Right of Canada in an application and appeal for declaratory relief arising out of a proposed class action commenced by the Ontario Flu-Cured Tobacco Growers' Marketing Board and its impact on the obligations of Imperial Tobacco under a settlement agreement relating to allegations of tobacco smuggling.


Counsel to defendant IBM in a class proceeding alleging conspiracy to fix prices and a statutory Competition Act claim in connection with sale of static random access memory.


Counsel to one of the defendants in a class proceeding alleging misrepresentations in secondary market disclosure documents and prospectuses. Both common law and statutory cause of action are asserted. Successful motion to bar assertion of statutory cause of action for prospectus misrepresentation due to expiry of the limitation period.


Counsel to Canwest Publishing, Inc. in Canadian class proceeding in which plaintiffs alleged copyright infringement in respect of all electronic news and journalistic published content. Successfully resolved proceeding and coordinated first certification for settlement approval and settlement approval of a Canadian class proceeding within the context of an ongoing CCAA proceeding.


Counsel to defendant, McDonald's Restaurants of Canada Ltd., in a class action alleging misrepresentation arising out of a marketing and promotion campaign.


Counsel to underwriters in class proceeding alleging misrepresentations in a prospectus issued by a subprime lending broker, and related Ontario Securities Commission proceeding.


Counsel to E*TRADE Group (Scotia iTRADE) in B.C. class proceedings alleging misrepresentations related to foreign exchange fees payable for online cross-border securities transactions.