Cases


Counsel to the Government of Canada in connection with proceedings relating to the procurement process and bid evaluation relating to a contract for the Canadian Forces for the acquisition of light armoured patrol vehicles and related systems.


Counsel to the applicant in an oppression application seeking a sale of shares and wind-up of a corporation.


Counsel to the GIP Primus, LP in oppression proceedings brought by the Monitor in the context of Algoma's CCAA proceeding.


Counsel to the 407 ETR in a successful motion and appeal to determine a question of law that no limitation period expired prior to the commencement of the action by 407 ETR.  The Ontario Court of Appeal's decision is one of the leading cases on the appropriateness requirement of the discoverability provisions in the Limitations Act, 2002.


Counsel to the defendant at a trial relating to allegations of mortgage fraud.


Counsel to a landlord in an arbitration to determine fair market rent over a renewal term.


Counsel to the responding party on an interlocutory injunction relating to an alleged business disruption from the termination of software license agreements.


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


Counsel to the plaintiff in an action to recover funds advanced pursuant to a promissory note.


Counsel to the plaintiff in action to recover escrow funds from aborted real estate transaction.  Successfully opposed a motion to stay the action on the basis that the Ontario Courts did not have jurisdiction.


Counsel to a developer in a dispute relating to the construction and management of two condominium developments.  Successfully resisted a motion to compel the transfer of shares to the moving parties pursuant to an alleged trust.


Counsel to the applicant on an oppression claim.  Included a successful appeal of a decision of the Superior Court of Justice dismissing an oppression application on the basis of a limitation period. 


Counsel to GE Canada Equipment Financing GP in a dispute relating to the financing of a hotel construction project.


Counsel to the successful applicants in an application to recognize and enforce a worldwide freezing order in respect of an aircraft.


Counsel to a series of companies in proceedings involving a receivership over commercial real estate developments and efforts to recover $110 million in funds improperly diverted.  The matter involved dozens of contested motions and several appeals on a variety of commercial, real estate issue and construction law issues.


Counsel to Atos in a dispute respecting the termination of a subcontract for data conversion and software support.  The matter was subject to numerous motions and proceeded to a five week trial before the Ontario Superior Court of Justice, where Atos was successful in recovering approximately $5.5 in damages.


Counsel to an equity research firm in an action arising from alleged defamatory statements in investment research reports.


Counsel to McDonald's Restaurants in connection with a dispute relating to a lease for a restaurant.


Counsel to majority shareholders in an oppression and misfeasance claim against a minority shareholder and former director of a company involving residential leasing.


Counsel to the defendant in a breach of contract and fraudulent misrepresentation action.


Counsel to Google in an appeal to the Supreme Court of Canada in a novel case regarding the limits to be placed on internet injunctions granted against non-parties.


Counsel for the Ecuadorian plaintiffs in a Canadian action for an order recognizing a $9.51 billion (USD) Judgment obtained in Ecuador against Chevron Corporation regarding oil pollution in the Amazon.  Successful respondents in an appeal to the Supreme Court of Canada of the jurisdictional challenge of the action for recognition and enforcement.


Counsel to CN in respect of an injunction seeking non-solicitation and non-use orders against a departing employee who removed and misused confidential information.


Counsel to the successful respondents on an appeal from a summary judgment motion in a family law matter involving the division of assets and a dispute over whether those assets were held in trust. In June 2015, the matter proceeded to a successful two week trial and award of $8 million judgement.


Counsel to the non-party appellant in a dispute over production of financial records for purposes of a valuation of a commercial enterprise.


Counsel to the successful appellants, BMO Nesbitt Burns Inc. and BMO Trust Company, on an appeal related to withholding tax payable upon transfer of securities from a Registered Account Savings Plan account. 


Counsel to the applicant in a judicial review application arising out of the decision of the Regional Municipality of York to modify and approve an official plan amendment for the City of Vaughan.


Counsel to the Government of Canada in a lengthy Federal Court of Canada trial, in which the claim for $400 million involving allegations of procurement bid for engineering and technical services was successfully defended.


Counsel to the applicant lender. Successful in obtaining a Mareva injunction and receivership over the respondent, a guarantor of the loans.


Counsel for parties in receivership proceedings arising out of a tax driven investment program. 


Counsel to the defendants in an action relating to an alleged breach of an agreement to convey radio wave spectrum licences.


Counsel to the applicant auditing firm in the successful application to enforce an indemnity provision in the audit engagement agreement.


Counsel to the successful plaintiff in an arbitration involving a commercial contract dispute.


Counsel to Deloitte & Touche LLP for the appeal to the Court of Appeal and the Supreme Court of Canada from a trial judgment awarding substantial damages against an accounting firm for the audit of the financial statements of Livent Inc.


Counsel to GE Canada Real Estate Equity in an appeal to the Superior Court of Justice and to the Court of Appeal from an arbitration award over the determination of ground lease rent for a prominent Bloor Street property. 


Counsel to the plaintiffs, SCM Insurance Services Inc. and Cira Medical Services Inc., in an action for an Anton Piller order and an injunction restraining the sale of an independent medical examinations business.


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 for defendants in a lengthy commercial trial involving claims for an interest in the Niagara Falls casino.  Lenczner Slaght defeated a range of contract and conspiracy claims, including allegations of computer spoliation.


Counsel to the plaintiff in a software licensing dispute encompassing allegations of copyright infringement.


Counsel for defendants, Valerie Sloan and Cave Hill Properties Ltd., in a case relating to limitation periods for actions commenced under s. 38 of the Bankruptcy and Insolvency Act.


Counsel to the plaintiff in an action against offeree shareholders for breach of contract and fraudulent misrepresentation in relation to a multi-million dollar share purchase transaction.


Counsel to the respondents in the Supreme Court of Canada regarding an Alberta action involving a claim for breach of an implied duty of good faith, conspiracy and inducing breach of contract in respect of a commercial agreement.


Successful representation of respondent dismissing all charges brought against him under the Uniform Market Integrity Rules by the Investment Industry Regulatory Organization of Canada (IIROC).


Counsel to a debtor a claim for breach of contract and enforcement of security against accounts receivable, including on a motion for summary judgment and appeal.


Counsel to the plaintiffs in a proceeding relating to the termination of a services agreement with a mining exploration company.  Successfully opposed a motion to stay the action on the grounds that the Ontario Superior Court of Justice lacked jurisdiction and that Ontario was not a convenient forum for the action.


Counsel to the successful moving party/defendants on a motion for summary judgment, dismissing an $80 million claim alleging that a shotgun buy/sell offer did not comply with the parties' partnership agreement and amounted to a breach of fiduciary duty and oppression.  Successful in upholding the result on appeal.  Also successful in opposing a motion for an injunction to prevent the completion of a transaction mandated by a shotgun buy/sell offer.


Counsel to the successful plaintiff on a motion for an interlocutory injunction preventing former fiduciaries from unfairly competing with their former employer using confidential business information.


Counsel for appellant/respondent on cross-appeal, Southcott Estates Inc., on an appeal to the Supreme Court of Canada regarding the duty to mitigate losses and the availability of the remedy of specific performance in a breach of contract action.

Read Lexpert's Significant Matters summary.


Counsel for the defendant in a successful motion to strike a claim for breach of fiduciary duty as an abuse of process.


Counsel to defendants/applicants, Michael Cytrynbaum and First Fiscal Management Ltd., in an application, and on appeal, for advancement of legal expenses in an action alleging breach of fiduciary duties and unjust enrichment in connection with the sale of a company's assets.

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


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 to the applicant on an application (and on appeal) to enforce the provisions of a domestic contract alleged to contain a fundamental mistake as drafted by the respondent's solicitor.


Counsel to plaintiff, British Energy Limited, in an action alleging negligence, breach of contract and breach of trust issues.


Counsel to the Commissioner of Competition in proceedings against Rogers Communications Inc. and Chatr Wireless Inc. relating to misleading advertising under the Deceptive Marketing Practices provisions of the Competition Act. The application involved successful defence to a constitutional challenge to certain provisions of the Competition Act brought by the respondents.


Counsel in a successful defence of the defendant brokerage firm at a lengthy trial before the Supreme Court of Nova Scotia in an action for negligence and breach of contract arising out of the alleged manipulation of shares of Knowledge House Inc.


Counsel to Moneris in a contractual dispute. Successfully resisted forum non conveniens motion by MasterCard in first instance and on appeal.


Counsel in the successful defence of owner of the Toronto Raptors at trial of an action and on appeal alleging breach of contract with respect to the sale and reconfiguration of courtside seats.


Counsel in various proceedings on behalf of Ernst & Young, the court appointed Monitor of Hollinger Inc. and related entities in complex CCAA proceedings.


Counsel in an application regarding the enforcement of restrictive covenants in a commercial agreement.


Counsel to Devonshire Trust in a case arising out of the disruption of the Canadian Asset Backed Commercial Paper market in August 2007.  Devonshire Trust was successful after a lengthy trial.  The Court of Appeal affirmed the trial judge's decision and found that Barclays' notice terminating the swap transaction was invalid because of Barclays' misrepresentation and bad faith.

Read Lexpert's Significant Matters summary.


Counsel to the applicant on an application to interpret the rent provisions within two reciprocating commercial lease agreements.


Counsel to TSX defendants in a mining case involving allegations of negligence.   Successfully moved to strike the statement of claim without leave to amend.  The decision was upheld on appeal.


Counsel to a former director and officer of Coventree Inc. in a regulatory proceeding before the Ontario Securities Commission in connection with disclosure obligations surrounding the collapse of the Asset Backed Commercial Paper (ABCP) market in Canada. Counsel in appeals to the Divisional Court and Court of Appeal.


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 the Attorney General of Canada in a negligent misrepresentation action relating to pension benefits.  Successful appeal of the trial judge's apportionment of damages.


Counsel for the plaintiffs in a dispute relating to the departure of investment advisors.


Counsel in the trial of an action on behalf of defendant franchisor with respect to an alleged breach of a franchise agreement relating to the renewal of the agreement for an additional term.


Counsel for a defendant in a fraudulent conveyance action.  Successfully moved to set aside an ex parte Mareva injunction.


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 the Government of Canada in an action to set aside a trial judgment on the grounds of the fraud of the plaintiff in obtaining the judgment. Judgment successfully set aside at trial.


Counsel to a developer in a dispute relating to residential subdivision development.


Counsel to successful respondent on an appeal from a judgment finding breach of a fundamental term of a tenancy contract.


Counsel to an individual in a series of complex proceedings relating to the enforcement of a foreign judgment, bankruptcy, and contempt of court.

In the course of the proceeding, Lenczner Slaght was counsel to the defendant on several trials, motions, and appeals, including in what has become one of the leading cases on civil contempt.


Counsel in a successful trial of an action enforcing restrictive covenants and non-solicitation clause. Successful appeal of an award of damages and cross-appeal on issues of liability arising from breach of restrictive covenants.


Counsel to the successful respondent in resisting a motion for an interlocutory injunction to shut down the respondent's business.


Counsel on an appeal from a trial of an application to enforce an agreement to sell securities which were subsequently converted to shares of the TSX.


Counsel in a successful defence of a motion for injunctive relief enforcing a right of first refusal.


Counsel to Société Générale in a claim involving misrepresentation, negligence and breach of securities in the sale of units in an investment fund backed by principal-guaranteed notes.

Read Lexpert's Significant Matters summary.


Counsel in a successful trial and appeal on behalf of the plaintiff for wrongful dismissal and payment for shareholdings and options.


Counsel for the defendant on a motion for injunctive relief to prevent the defendant from soliciting and competing with customers of the plaintiff.


Counsel to RBC on injunction, trial, appeal and at the Supreme Court of Canada in respect of an action against departing investment advisors for a competitor.


Counsel to the respondent First Nation in connection with an oppression action.


Counsel in a successful defence of an application for a winding up of a corporation in an oppression application under the Business Corporations Act.


Counsel in an application for oppression by minority shareholders.


Counsel in application to declare the actions of a non-share capital corporation to be ultra vires the corporation's constitution. On appeal, the Court of Appeal affirmed that the actions were ultra vires.


Counsel to the Government of Canada in a matter concerning the entitlement of public service unions to pension surpluses of approximately $18 billion. Successful at trial, where the Court dismissed trust, fiduciary duty and Charter claims.


Counsel in a successful defence of part of a motion for injunctive relief to restrain the defendant from closing an asset purchase transaction.


Counsel in an application involving a shareholder dispute in closely held company where the applicant was seeking a just and equitable winding-up.


Counsel for the defendants in a trial regarding an alleged negligent misrepresentation with respect to a commercial venture.  Successful in defending the action.


Counsel on a motion to set aside an Anton Piller order on behalf of the First Nations.


Counsel to McDonald's in the successful trial of an action involving a claim of a breach of a lease.


Counsel in a successful defence at trial of an action against a discount broker involving options and futures trading.


Counsel on a successful defence of a motion for injunctive relief to enjoin the defendant from carrying on a competing business.


Counsel for the plaintiff successful trial of an action by the Ice Gardens for breach of contract for failing to pay for naming rights.


Counsel to the defendant in an action relating to an alleged oral agreement for shares in Pizza Pizza.


Counsel in an appeal concerning oppression remedy claims.


Counsel on a successful injunction by local car dealership to preclude the termination of a Dealer Service Sales Agreement by the franchisee Ford.


Counsel to a defendant in an action relating to the exercise of a power of sale on a mortgage.  Successful motion to set aside Anton Piller and Mareva injunctions.


Counsel to an individual in the successful defence of a contempt motion in a commercial dispute.


Counsel to an investment bank in high profile action for breach of fiduciary duty, wrongful solicitation of employees and corporate conspiracy.


Counsel in a trial and successful appeal of a contractual dispute involving the termination of a distributorship agreement.


Counsel to the plaintiff in a real estate dispute.  Successfully moved to register a certificate of pending litigation.


Counsel for the applicant in a auccessful application for a declaration that the applicant was the sole shareholder of a company.


Counsel to Call-Net Enterprises in a successful defence at trial and on appeal of claim by former senior executives that they were entitled to benefits as a result of a change of control resulting from proxy battle.


Counsel to a hotel builder in successful action and subsequent appeal for specific performance of a commercial real estate transaction.


Counsel in a successful oppression application at trial and appeal on behalf of two shareholders in a family foundation for buy-out of shares and other equitable relief.


Counsel in an appeal regarding the interpretation of a commercial lease.


Counsel in an application for partition and sale of partnership property and a counter-application for a winding-up or for an auction and appraisal process to separate the partners.  Successful in resisting the application and imposing an auction process.


Counsel in a proceeding opposing an injunction for breach of fiduciary duty and theft of confidential information.


Counsel on the enforcement and receivership of leasehold mortgages registered against luxury residential apartments complicated by extensive tenant improvements.


Counsel for the applicant in an oppression claim brought in New Brunswick regarding steps by the respondent to institute a quarterly dividend to shareholders.

Read Lexpert's Significant Matters summary.


Counsel to the respondents on an appeal and cross-appeal in an action for breach of a confidentiality agreement, breach of confidence and breach of fiduciary duty arising out of a joint venture between the parties for the acquisition and operation of certain gold mines in Greece.

Read Lexpert's Significant Matters summaries (TVX Gold and TVX Appeal Dismissed).


Counsel to a corporation in a negligent misrepresentation and breach of contract case in relation to a share purchase agreement.


Counsel to a corporation in respect of an action for oppression regarding the redemption of shares under an employee and director stock option plan.


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 in the trial of an action commenced against a director of Krispy Kreme Doughnuts for oppression and fraudulent misrepresentation.


Counsel to a contingent creditor who obtained an order effectively lifting the stay of proceedings in an application made under the CCAA to allow actions involving the applicant to proceed to trial.


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 the defendants/plaintiffs by counterclaim in a complex and lengthy trial involving a family business. Five related actions were heard together relating to issues of breach of fiduciary duty, inducing breach of contract, and solicitor's and auditor's negligence, among other claims.

Read Lexpert's Significant Matters summary.


Counsel to the defendant, the Alpha Group, in an action alleging breaches of contract, fiduciary duties and confidence involving the acquisition and operation of certain gold mines in Greece.

Read Lexpert's Significant Matters summary.


Counsel to an opposing shareholder alleging oppression in a lengthy application, and on appeal, for court approval of a plan of arrangement of the acquisition of a large public corporation in the West Coast forest industry in a share exchange transaction.

Read Lexpert's Significant Matters summary.