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Peter Griffin

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Epgriffin@litigate.com

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Bar Admissions:
- Ontario (1980)
Education:
- Queen's University (1977) LLB
- Carleton University (1974) BA

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Peter Griffin

is counsel and one of the five founding partners at Lenczner Slaght.

"Peter Griffin is one of the best litigation lawyers in Canada. He has an excellent grasp of the issues and the law, as well as the gravitas to address difficult issues." — Chambers Canada

Peter is recognized by his peers as one of the top litigators in Canada, particularly in the areas of corporate commercial litigation, class actions, securities matters, insolvency, and professional and director/officer liability. He has appeared before all levels of court in Ontario and the common-law provinces, and before the Supreme Court of Canada. Peter has been recognized by Canadian Lawyer as one of Canada's 25 Most Influential Lawyers and named "Lawyer of the Year" by Best Lawyers for his leadership in Corporate and Commercial Litigation (2017, Toronto).

Peter has extensive experience in complex cross-border litigation, especially as it relates to both class proceedings and insolvency and restructuring. He regularly advises boards of directors and national and multinational corporations with respect to their obligations. He is retained as counsel of choice on appeal. He frequently represents clients in arbitration and acts as an arbitrator in contested arbitration proceedings. Peter is constantly sought out as an expert speaker on advocacy, shareholder disputes, class actions, professional liability and insolvency and restructuring.

Peter is past President of The Advocates' Society, a Fellow of the American College of Trial Lawyers and past Chair of the American College of Trial Lawyers Ontario Committee.

Wintercorn v Global Learning Group Inc

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

Peter Griffin, Shara N. Roy & Amy Sherrard | May 1, 2019

GCT Canada Limited Partnership v Vancouver Fraser Port Authority and Attorney General of Canada

Counsel to Global Container Terminals in a judicial review of a decision of the Vancouver Fraser Port Authority refusing to consider Global Container Terminal’s proposed port expansion project.

Peter Griffin, Monique Jilesen, Matthew B. Lerner, Scott Rollwagen, Christopher Yung, Margaret Robbins & Christina Shiels-Singh | March 1, 2019

Re Essar Steel Algoma Inc

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

Peter Griffin, Monique Jilesen, Matthew B. Lerner, Kim Nusbaum, Christopher Trivisonno & Christina Shiels-Singh | February 1, 2019

Re The Cash Store Financial Services Inc

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 a settlement.

Peter Griffin & Matthew B. Lerner | December 30, 2018

Panacci v Volkswagen

Counsel to the plaintiff in a certified class action related to timing chain tensioners.

Peter Griffin, Brian Kolenda & Margaret Robbins | December 20, 2018

Re Hollinger Inc

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

Glenn Smith, Peter Griffin, Peter J. Osborne, Monique Jilesen & Matthew B. Lerner | November 1, 2018

Western Larch Ltd v Di Poce Management Ltd

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.

Peter Griffin & Matthew B. Lerner | August 15, 2018

Experian v BDC

Counsel to Experian in an appeal to the Court of Appeal for Ontario heard February 13, 2018. Appeal was resolved before Judgment.

Peter Griffin, Tom Curry & Kelly Hayden | February 13, 2018

Annapolis Group v Halifax Regional Municipality

Counsel to the plaintiff in an action concerning alleged de facto expropriation, misfeasance, and unjust enrichment relating to the plaintiff’s efforts to develop its lands within the Halifax Regional Municipality.

Peter Griffin, Rebecca Jones, Lars Brusven, Amy Sherrard, Chloe Boubalos & Grace Tsakas | December 1, 2017

Robert Simon v Toshiba Global Commerce Solutions Holdings Corporation

Counsel to Toshiba in a software licensing dispute involving point-of-sale systems.

Sana Halwani, Peter Griffin & Patrick Healy | November 16, 2017

Rosen v BMO Nesbitt Burns Inc

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.

Peter Griffin, Monique Jilesen, Paul-Erik Veel & Constanza Pauchulo | January 21, 2014

Charette v Trinity Capital Corporation

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

Glenn Smith, Peter Griffin, Rebecca Jones & Melanie Baird | April 3, 2013

Tucci v Smart Technologies Inc

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.

Peter Griffin & Melanie Baird | February 19, 2013

Aldo Group Inc v Moneris Solutions Corporation

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

Peter Griffin & Melanie Baird | November 1, 2011

1193430 Ontario Inc v Boa-Franc Inc

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

Peter Griffin & Rebecca Jones | May 12, 2005

DAT Villarboit Brantford LP v 2276844 Ontario Limited

Counsel for Villarboit Holdings Limited in an application/counter-application to enforce rights under a series of contractual agreements relating to a real estate development project.

Peter Griffin, Shara N. Roy & Laurel D. Hogg | July 30, 2001

Canada Post Corporation v City of Hamilton

Counsel to the City of Hamilton in a constitutional law appeal on division of powers respecting placement of community mailboxes by Canada Post on City of Hamilton property.

Peter Griffin | June 8, 2001

Bradshaw v Langley

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.

Peter Griffin & Brendan F. Morrison | April 22, 2001

Estate Trustee During Litigation for the Estate of Paul Penna v Landen

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.

Peter Griffin & Matthew Sammon | April 7, 2001

Livent Inc v Deloitte & Touche LLP

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.

Peter Griffin, Scott Rollwagen & Nina Bombier | March 14, 2001

The Board of Regents of Victoria University v GE Canada Real Estate Equity

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.

Peter Griffin & Anne E. Posno | March 13, 2001

Mountain v Mountain Estate

Counsel to the beneficiary of an estate in respect of an application for a declaration that another beneficiary, who had farmed the parents' land for 25 years, was entitled to receive the farm land and assets, outside the terms of a will, based on an alleged oral agreement or gift.

Peter Griffin | March 8, 2001

McCormick v Fasken Martineau Dumoulin

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.

Peter Griffin | March 1, 2001

Shawn v The Bank of Nova Scotia Trust Company

Counsel for beneficiary of a 50 year old trust claiming mismanagement by the Trustee.

Peter Griffin | February 25, 2001

Shaw v Healthcare of Ontario Pension Plan

Counsel to the successful respondents in an appeal by a former Ontario Hospital Association senior executive seeking an enhanced pension based on a negotiated bonus shortly before retirement.

Peter Griffin | January 22, 2001

In re Berry

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).

Peter Griffin | January 17, 2001

Cytrynbaum v Look

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).

Peter Griffin & Matthew Sammon | December 21, 2000

Zaniewicz and Clarke v Zungui Haixi Corporation

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.

Peter Griffin, Peter J. Osborne, Shara N. Roy, Brian Kolenda & Lindsay Beck | December 15, 2000

Lipson v Cassels Brock & Blackwell LLP

Counsel to defendant law firm in a class action in connection with a charitable tax program. The Court of Appeal rendered a seminal decision on the commonality of the defence of a limitation period on a certification motion. More recently, the Court held that "quality assurance privilege" may be found on a case-by-case basis in respect of communication within a law firm.

Peter Griffin, Shara N. Roy, Ian MacLeod & Amy Sherrard | December 9, 2000

Herskovits v BMO Bank of Montreal

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.

Peter Griffin | November 13, 2000

Piedra v Copper Mesa Mining Corp

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.

Peter Griffin & Andrew Parley | October 4, 2000

Sagl v Chubb Insurance Company of Canada

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.

Peter Griffin & Laura Liu Brooksbank | August 25, 2000

Re Fraser Papers Inc

Counsel providing advice to Board of Directors of a public company in CCAA proceedings.

Peter Griffin | August 12, 2000

Robinson v Rochester Financial Limited

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.

Glenn Smith & Peter Griffin | August 8, 2000

Canadian National Railway Company v Holmes

Counsel to CN in a complex dispute involving employee fraud, accounting of profits, abuse of process, defamation and negligent exercise of statutory dispute. In the course of the proceedings, obtained Anton Pillar and Mareva injunctions in order to protect evidence and assets related to the alleged employee fraud.

Peter Griffin, Monique Jilesen, Brendan F. Morrison, Laura Robinson & Grace Tsakas | July 12, 2000

Blue Note Mining Inc v Canzinco Ltd

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.

Peter Griffin | July 3, 2000

Frohlinger v Nortel Networks Corporation

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

Peter Griffin | June 27, 2000

Re Stelco Inc

Counsel to the Board of Directors of Stelco during the CCAA restructuring.

Peter Griffin | May 14, 2000

Alofs v Temple Insurance Co

Counsel in a successful proceeding to obtain declaratory relief for coverage under liability insurance policy.

Peter Griffin | April 23, 2000

John E Dodge Holdings Ltd v 805062 Ontario Ltd

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

Alan J. Lenczner, Peter Griffin, Nina Bombier & Eli S. Lederman | March 27, 2000

Re AG Simpson Automotive Inc and AG Simpson Co Limited

Counsel to a major creditor in a CCAA restructuring proceeding involving an automotive parts manufacturer.

Read Lexpert's Significant Matters summary.

Peter Griffin & Peter J. Osborne | January 23, 2000

Re Pacifica Papers Inc

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.

Peter Griffin & Lawrence E. Thacker | January 21, 2000

Re Consumers Packaging Inc

Counsel to Molson Inc., a creditor and significant customer of Consumers Packaging Inc., a large Canadian glass bottle manufacturing company, in an application, and on appeal, for court approval of the sale of certain assets of CPI within a CCAA restructuring proceeding where the assets of the company were ordered to be sold.

Read Lexpert's Significant Matters summary.

Peter Griffin | January 20, 2000

Re Cineplex Odeon Corporation

Counsel to the parent corporation in a CCAA restructuring proceeding involving Canada's second-largest chain of motion picture theatres.

Read Lexpert's Significant Matters summary.

Peter Griffin | January 15, 2000

Re AXXENT Corp

Counsel to the board of directors in the insolvency proceedings of a TSE-listed telecom initiated by the senior secured lender.

Read Lexpert's Significant Matters summary.

Peter Griffin | January 14, 2000

American College of Trial Lawyers - Fellow; Chair, Ontario Committee
The Advocates' Society - Past President 2012–2013
Canadian Bar Association
Ontario Bar Association
Sir William Campbell Foundation
Commercial List Users' Committee
Turnaround Management Association

Fixing the Mistake: Limitation Periods in Professional Negligence Cases

Over a decade after Ontario’s Limitations Act, 2002 came into force, courts are still grappling with when a cause of action is discoverable and a limitation period starts to run. An increasingly litigated question relates to whether a limitation period runs while efforts are ongoing to fix the error that gave rise to the plaintiff’s claim. The Court of Appeal for Ontario recently addressed this issue in Presidential MSH Corp v Marr, Foster & Co LLP.

Peter Griffin | June 20, 2017

In contractual disputes, after-the-fact conduct is admissible after all

To most people, a contract is a written agreement, typically signed by all parties, that sets out what different parties promise to do. But what happens that the written agreement is ambiguous? Courts have long held that evidence of the “factual matrix” of the contract—that is, the surrounding circumstances that inform the context in which a contract is created—is admissible in the interpretation of a contract. In its recent decision in Shewchuk v Blackmont Capital Inc, the Ontario Court of Appeal confirmed that evidence of subsequent conduct may also be admissible to interpret the agreement itself.

Peter Griffin & Paul-Erik Veel | December 8, 2016

Chambers Global Recognizes Lenczner Slaght for the 18th Consecutive Year

Canada’s leading litigation firm continues to be recognized for its dispute resolution expertise by world-renowned directory, Chambers Global, alongside notable full-service, national, and international firms.

February 13, 2020

Lenczner Slaght’s Expert Litigators Ranked in Who’s Who Legal: Canada 2019

Canada’s leading litigation firm continues to be recognized for its exceptional litigation expertise.

December 17, 2019

Lenczner Slaght’s 19th Year at the Centre of the Lexpert Bull’s-Eye

Canada’s leading litigation firm continues to be recognized as the #1 firm in Toronto for Litigation and Commercial Litigation by the 2020 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada.

December 13, 2019

Lexpert Recognizes Lenczner Slaght’s Leading Litigation Lawyers

Peers and senior members of the legal profession continue to recognize our expert lawyers among the foremost litigators in their fields.

November 29, 2019

Legal 500 Recognizes Lenczner Slaght as a “Litigation Powerhouse”

Legal 500 distinguishes Canada’s leading litigation firm for its “deep bench and first-class trial experience.”

November 14, 2019

Chambers Canada Recognizes Lenczner Slaght as a Top-Tier Litigation Firm

Canada’s leading litigation firm and its expert litigators continue to advance their position in the latest edition of world-renowned directory, Chambers Canada, with nine new rankings.

September 19, 2019

Best Lawyers in Canada Recognizes Lenczner Slaght with 100 Rankings

In the latest edition of Best Lawyers in Canada, 28 Lenczner Slaght lawyers earned a total of 100 rankings, up from 86 in 2019.

August 21, 2019

Lenczner Slaght Litigators Recognized for their Cross-Border Expertise

Seven Lenczner Slaght lawyers are ranked as leaders by peers and senior members of the legal profession for their cross-border experience.

June 17, 2019

The 2019 Lexpert Directory Recognizes Lenczner Slaght with 89 Rankings

An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.

May 3, 2019

Benchmark Canada Highlights Lenczner Slaght’s Litigation Excellence

Benchmark Canada 2019 not only recognizes Canada’s leading litigation firm with the top tier ranking of “Highly Recommended in Ontario”, 17 Lenczner Slaght litigators are also ranked for their expertise.

March 27, 2019

19th Annual Spring Symposium

Peter Griffin will be speaking at The Advocates' Society's 19th Annual Spring Symposium. The program will feature the latest developments, strategies, tools and tips for success in your practice.

Peter Griffin | April 29, 2020

Civility in Changing Times

Peter Griffin will be co-chaired The Advocates' Society's "Civility in Changing Times" program. The program brought together judges and leading litigators to discuss how to navigate civility issues in written correspondence, at discovery, mediation, arbitration and in the heat of trial.

Peter Griffin | December 17, 2019

Professionalism and Civility at Trial

Peter Griffin presented at the Ontario Bar Association's premier program Anatomy of a Trial: A Deeper Dive Into Jury Trials that provided a comprehensive examination of the best techniques for conducting a jury trial. Peter spoke on the panel "Professionalism and Civility at Trial".

Peter Griffin | April 30, 2019

35th Annual Joint Colloquium on International Arbitration

Ian Binnie and Peter Griffin presented at the 35th Annual Joint Colloquium on International Arbitration. They shared their expertise on the panel discussion Mastering Effective Techniques for Cross-Examination.

Ian Binnie & Peter Griffin | December 7, 2018

Framing Your Contract Claim

Peter Griffin spoke at The Advocates' Society's program on "Litigating Contract Disputes". He was a member of the "Framing Your Contract Claim" panel.

Peter Griffin | June 21, 2018

15th Annual Symposium on Class Actions

As one of the leading experts in Class Actions, Peter Griffin spoke at Osgoode PD's 15th Annual Symposium on Class Actions on the panel "What Goes Around Comes Around: Lawyers Under Class Action Attack".

Peter Griffin | April 26, 2018

Motions Advocacy

Shara N. Roy and Peter Griffin presented at the Advocates' Society's program on Motions Advocacy. They shared their expertise and experience on how to prepare oral and written submissions.

Shara N. Roy & Peter Griffin | February 7, 2018

The Appeal: The Travel Ban on Trial in the Supreme Court of Stratford

Peter Griffin appeared at Stratford Festival's Forum Showcase on September 30, 2017. He acted as counsel to Romeo in the Appeal of Prince Escalus' executive order banishing Romeo from Verona. Peter cross-examined the Right Honourable Adrienne Clarkson appearing as the expert witness and challenged the legality of the travel ban.

Peter Griffin | October 2, 2017

The Advocates' Society Civil Litigation Skills Certificate Program - Trial from A to Z

Peter Griffin presented the Trial Preparation: 90 Day Checklist lecture for The Advocates' Society Civil Litigation Skills Certificate Program: Trial...

Peter Griffin | May 11, 2017

The Advocates' Society Civil Litigation Skills Certificate Program - Evidence for Litigators: Evidence Update

Peter Griffin presented What every trial lawyer needs to know for The Advocates' Society Civil Litigation Skills Certificate Program's Evidence for...

Peter Griffin | November 21, 2016

American College of Trial Lawyers (2004)

Fellow

Benchmark Canada (2012-2019)

Top 50 Trial Lawyer in Canada and Litigation Star - Competition, General Commercial, Insolvency, Professional Liability and Securities

Best Lawyers in Canada (2006-2020)

Alternative Dispute Resolution, Appellate Practice, Bet-the-Company Litigation, Class Action Litigation, Corporate & Commercial Litigation, Director & Officer Liability, Health Care Law, Insolvency & Financial Restructuring, Legal Malpractice, Securities

Best Lawyers in Canada (2013)

Toronto Corporate and Commercial Litigation "Lawyer of the Year"

Best Lawyers in Canada (2014)

Toronto Bet-the-Company Litigation "Lawyer of the Year"

Best Lawyers in Canada (2016)

Toronto "Lawyer of the Year" in Director and Officer Liability

Best Lawyers in Canada (2017)

Toronto "Lawyer of the Year" in Corporate and Commercial Litigation

Best Lawyers in Canada (2019)

Toronto "Lawyer of the Year" in Legal Malpractice Law (2019)

Best Lawyers in Canada (2020)

Toronto "Lawyer of the Year" in Appellate Practice

Canadian Lawyer (2014)

Top 25 Most Influential Lawyers - Corporate Commercial Law

Canadian Legal Lexpert® Directory (2012-2019)

Class Actions, Insolvency & Financial Restructuring, Litigation - Corporate Commercial, Litigation - Directors' & Officers' Liability, Litigation - Securities, Medical Negligence, Professional Liability

Chambers Canada (2016-2020)

Dispute Resolution: Class Action (Defence) (Nationwide – Canada); Litigation: General Commercial (Ontario); Litigation: Securities (Ontario)

Chambers Global (2012-2020)

Dispute Resolution: Canada
Dispute Resolution: Class Actions (Defence): Canada (2017)

Lexpert Guide to the Leading US/Canada Cross-Border Lawyers in Canada (2013-2019)

Dispute Resolution, Insolvency & Financial Restructuring, Corporate Commercial Litigation, Class Actions, Securities Litigation

Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (2016-2020)

Class Actions; Corporate Commercial Litigation; Director/Officer Liability Litigation; Securities Litigation

Lexpert/ROB Special Edition: Canada's Leading Litigation Lawyers (2013-2019)

Martindale-Hubbell Preeminent Peer Rating

Ontario Bar Association Award for Excellence in Civil Litigation (2017)

Practical Law Company

Ontario - Dispute Resolution

The Legal 500 Canada (2014-2020)

Dispute Resolution (Leading Lawyer), Restructuring and Insolvency (Recommended Lawyer 2019)

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Peter Griffin