Cases


Counsel to the intervener Association of Justices of the Peace of Ontario in an appeal to the Supreme Court of Canada regarding judicial compensation.


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 on an appeal arising from a finding of contempt.


Counsel to Venngo in an appeal of a decision relating to trademark infringement and passing off.


Counsel for the Kennedy Trust in a patent dispute. In the first unanimous five-judge decision of the Federal Court of Appeal, successfully argued that the standard of review applicable to the decisions of Prothonotaries should be in accordance with Housen v Nikolaisen, overturning a long line of prior authority.


Counsel to the successful respondent, Cassels Brock & Blackwell LLP, in an appeal to the Supreme Court of Canada relating to the jurisdiction of Ontario courts over a third-party claim.


Counsel to the claimant in an appeal of an arbitration decision relating to installation of electrical transformers.


Counsel to an international organization in an appeal at the Supreme Court of Canada relating to the immunities of international organizations in criminal proceedings.


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 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 Law Society of Upper Canada in the prosecution of a lawyer for professional misconduct.  A three member panel of the Divisional Court affirmed the decision of an Appeal Panel of the Law Society of Upper Canada that found the lawyer had committed acts of professional misconduct. The Divisional Court also confirmed his penalty of a one month suspension and its $200,000 costs award in favour of the law society.


Counsel on appeal for the defendant physician in a proceeding alleging negligence in the treatment of a fractured wrist. The Court of Appeal's decision provided important guidance on the role of counsel in the preparation of expert reports and the limits on the production at trial of information from an expert witness's file.


Counsel to Estate Trustee During Litigation of the Paul Penna Estate in a series of proceedings, including two appeals to the Ontario Court of Appeal and a contempt trial, arising out of a massive fraud perpetrated by former Estate Trustee in his administration of the Estate.


Counsel to the Law Society of Upper Canada in a successful appeal of a decision concerning unprofessional conduct by a barrister. 


Counsel to successful respondent in application and appeal of a matter involving the interpretation of provisions of the Business Corporations Act as applied to an agreement of purchase and sale.


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 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 the interveners, Canada's six largest accounting firms, on an appeal before the Supreme Court of Canada over whether a partner is an employee of a partnership for the purposes of human rights legislation. 


Counsel to Alfred Wegener Institute in a successful defence of an appeal before the Court of Appeal after obtaining an Order recognizing and enforcing an international commercial arbitral award.


Counsel to an intervenor in an appeal to the Supreme Court of Canada regarding settlement privilege in mediation.


Counsel to the plaintiff in a defamation action involving the online publication of an article by an Israeli newspaper.  Successful in responding to a motion and an appeal to stay the action due to lack of jurisdiction.


Counsel in an appeal from a trial judgment relating to the tort of unlawful conduct conspiracy.


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.


Counsel to successful appellant/respondent on cross-appeal in setting aside a finding of coverage under a directors' and officers' liability policy.

Read More.


Counsel to the plaintiffs/appellants in an appeal regarding the deductibility of a non-pecuniary benefit under an automobile policy of insurance.


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 appellants at the Supreme Court of Canada in an appeal regarding a stay of a defamation action in Ontario against Quebec defendants for lack of jurisdiction.


Counsel to the successful appellants in an appeal concerning the limitation period for a claim against an insurer for allegedly delaying settlement of the claims of third parties against its insured and failing to pay the policy limits into an interest-bearing account to accrue for the benefit of the third parties.


Counsel to the defendant physician in a medical negligence action at trial and on appeal in a matter relating to the treatment of menorrhagia.


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 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 to the the College of Massage Therapists of Ontario, on a successful appeal of the issue as to whether the application judge was wrong in principle to grant judicial review and quash two decisions of the College's investigatory bodies.


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 an intervener in an appeal to the Supreme Court of Canada regarding the novel question of whether an internet hyperlink to a defamatory statement constitutes republication of the defamation.


Counsel to 407 ETR before the Supreme Court of Canada in a division of powers case regarding the Bankruptcy and Insolvency Act.


Counsel for the appellant in an appeal relating to the forfeiture of a house under the Civil Remedies Act.


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 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 for the Law Society in an appeal from a Discipline Committee decision.


Counsel to appellant Home Depot on appeal to Court of Appeal from an Order of a Commercial Court judge, approving Receiver's sale of property upon which Home Depot's store was situated.  Appeal allowed.  Order set aside.


Counsel to successful plaintiff/respondent on an appeal from complex motion for summary judgment.  Appeal raised issues of law involving the assignment of two mortgages and a cause of action in solicitors' negligence.


Counsel to appellant physician on a successful appeal to Court of Appeal from a trial judgment awarding damages to plaintiffs for medical negligence arising from a surgical procedure. 


Counsel for the insured in an application and appeal concerning insurer's duty to investigate and defend claims arising from the historical release of contamination pursuant to historical insurance policies.


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


Counsel in an application for leave to appeal and appeal from a decision of an arbitrator in a constructive dismissal action.


Counsel for Commissioner of the OPP in judicial review proceedings in the Divisional Court and Court of Appeal for Ontario relating to hearings under the Police Services Act.


Counsel in the defence of an insurance claim at trial on the basis of arson and misrepresentation. Successful in having trial judgment set aside on appeal due to failure of trial judge to make vital credibility findings.


Counsel in an appeal addressing complex limitation issues in an estate proceeding.


Counsel to Ford Credit Canada in an appeal concerning the apportionment of liability and reasonableness of damages awarded by jury.


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 to successful defendant general surgeon on a dismissal of an appeal and at the trial of a medical negligence action involving a patient who suffered post-surgical complications and died.


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 in a successful appeal of an order discharging the respondent from its obligation to pay municipal levies.


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 on successful appeal of the dismissal of an action based on a faulty jury charge.  A new trial was ordered.


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 in a successful appeal, holding 407 ETR was permitted to charge tolls for transport truck trailers under the Highway 407 Act.


Counsel in an appeal concerning the jurisdiction of the Court relating to a foreign mine.


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 McDonald's in a successful appeal before the Ontario Municipal Board from the decision of Council for the City of Toronto to enact an Official Plan Amendment.


Counsel for a physician in an action relating to a bus crash that had occurred as a result of conduct of a patient.  Successful in opposing a motion to add the physician to the action, and in precedent-setting appeal regarding the interpretation of the Limitations Act, 2002 and the doctrine of special circumstances.


Counsel for defendant physicians in an action relating to the in utero infection of a baby with HIV.  Contested hearing and appeal concerning the scope and interpretation of a settlement offer, and whether it should be presumed to include a right to structure the lump sum payment.


Counsel in an appeal to the Supreme Court of Canada on the issue of cost premiums.


Counsel in a successful appeal from a decision setting the membership of a non-share capital corporation on the basis that proper procedure had not be followed.


Counsel in an appeal regarding the discretion of the court to restrict the ability of a trustee in bankruptcy to provide the inspectors and creditors of the bankrupt estate with access to books, records and other documents of the bankrupt.


Counsel in respect of an appeal of a trial judgment arising from an aborted real estate transaction.


Counsel for a physician on a motion to prevent the addition of a physician to a medical negligence action beyond the relevant limitation period.  Successful on the motion and on appeal.


Counsel in an appeal concerning oppression remedy claims.


Counsel to a physician in a medical negligence action, which included an appeal dealing the doctrine of fraudulent concealment and the limitation period applicable to claims by estates.


Counsel to a physician alleged to have failed to advise patient of her right to counsel under the Mental Health Act and the Charter of Rights and Freedoms when detaining the patient for psychiatric assessment.  Successful at trial and on appeal.


Counsel to the successful 407 ETR in an arbitration and appeal concerning the entitlement of the 407 ETR to raise tolls without the province's approval.


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


Counsel to two physicians on a successful motion and appeal for summary judgment in a medical negligence action.


Counsel in an appeal of an insurance application concerning the obligation of the insurer to defend claim of intentional discrimination.


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 Ethyl Canada in an appeal to the Federal Court of Appeal regarding the interpretation of the Access to Information Act and cabinet document privilege.


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 to the appellants in an appeal from a trial decision in which the trial judge refused to deduct statutory severance under the Employment Standards Act from an award of damages for wrongful dismissal. The appellant was successful in overturning this aspect of the judge's decision, and this became a leading case on this issue.


Counsel at trial and appeal for Lombard General Insurance Company of Canada regarding the claims of equitable restitution and contribution for losses arising from a fire in a Toronto apartment building.


Counsel to the primary insurer, ACE INA Insurance, in an appeal concerning the issue as to whether an excess insurer has an equitable duty to contribute to defence costs paid by the primary insurer before the primary policy is exhausted.


Counsel to the Law Society of Upper Canada in connection with appeals to the Divisional Court and Court of Appeal for Ontario on a professional discipline matter.


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 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.