CASE

Counsel to the respondent auditor in two proceedings brought by the Ontario Securities Commission under the Securities Act resulting in the first no contest settlement under OSC Staff Notice 15-702: Revised Credit for Cooperation Program.

CASE

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.

CASE

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).

CASE

Counsel to staff of the Ontario Securities Commission in an insider trader hearing.

CASE

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.

CASE

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.

CASE

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.

CASE

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.

CASE

Counsel to underwriters in a class proceeding alleging prospectus misrepresentations. 

CASE

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.

CASE

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.

CASE

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.

CASE

Counsel to creditors of a company on a receivership application brought by the Ontario Securities Commission.

CASE

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.

CASE

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.

CASE

Representation of a director and officer of a public company before the Ontario Securities Commission.

CASE

Counsel in a breach of contract claim.  Successfully opposed a motion and efforts to appeal a decision to stay the action on the basis of forum non conveniens

CASE

Counsel to a sponsor in wide ranging and innovative restructuring of asset backed commercial paper in Canada.

CASE

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

CASE

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.

CASE

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

CASE

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

CASE

Counsel to the defendants on a successful motion for summary judgment in an employment matter.  Counsel for the respondent on appeal.

CASE

Counsel in an application to quash the notice of hearing of the Ontario Securities Commission on the grounds of bias.

CASE

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.

CASE

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.

CASE

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

CASE

Counsel to director of YBM in Ontario Securities Commission proceedings relating to disclosure obligations and securities class action proceedings.

CASE

Counsel to an opposing shareholder on the application and the appeal opposing the approval of Magna's plan of arrangement under the OBCA.

CASE

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.

CASE

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.

CASE

Counsel to RBC in a wrongful dismissal trial. This became a key case on the assessments of claims for discretionary bonus over the period of reasonable notice.