Smith v Canada

Counsel for the intervener Ontario Superior Court Judges Association in the successful judicial review commenced by the Honourable Justice Patrick Smith challenging two decisions of the Canadian Judicial Council which were critical of Justice Smith’s decision to serve as Interim Dean (Academic) at the Bora Laskin Faculty of Law at Lakehead University.

Tom Curry, Scott Rollwagen & Margaret Robbins | May 21, 2020

Nelson v Her Majesty The Queen in Right of Ontario

Counsel to the Defendant, Her Majesty the Queen in Right of Ontario, on a successful motion to strike an action by an employee on the basis that the Court lacked jurisdiction over employment disputes that arise under collective agreements. The motion Judge’s decision was upheld by the Court of Appeal of Ontario.

Tom Curry, Rebecca Jones & Delna Contractor | March 1, 2020

Law Society of Ontario v Sorrenti

Counsel to the Law Society of Ontario in an application to have a trustee appointed over a Lawyer’s mortgage administration practice.

Tom Curry, Jaan Lilles, Kelly Hayden, Jenn Power, Grace Tsakas & Sarah Millar | September 30, 2019

Stronach v Stronach

Counsel to Elfriede Stronach in a complex family business dispute. The lawsuit alleges that Belinda Stronach and Alon Ossip conspired to deceive Frank and Elfriede and to take control of the Stronach family empire, and claims damages for oppression, breach of trust, and breach of fiduciary duty.

Tom Curry & Paul-Erik Veel | January 30, 2019

Storagevault Inc v Nationwide Self Stortage et al

Counsel to the defendants in a commercial dispute alleging breach of contract and misrepresentation.

Tom Curry & Adam H. Kanji | January 1, 2019

Healthy Body Services Inc v Raytek Communications

Counsel to the plaintiff in the trial and appeal of an action to recover proceeds of fraud alleged to have been knowingly received from a convicted fraudster.

Tom Curry, Matthew B. Lerner, Brian Kolenda & Danielle Glatt | August 30, 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 & Megan Bradt | February 13, 2018

Bell Canada/National Football League v Canadian Radio-television and Telecommunications Commission

Counsel to the interveners ACTRA and the Association of Canadian advertisers in appeals from the CRTC’s Super Bowl simultaneous advertisement substitution ban.

James S.S. Holtom & Tom Curry | December 28, 2017

Wyeth Holdings LLC v GlaxoSmithKline Inc.

Counsel to Wyeth and Pfizer in a patent infringement and impeachment action related to biologic vaccines against meningitis serotype B infection.

Tom Curry & Paul-Erik Veel | March 16, 2017

Cygnus Electronics Corporation v Hitachi AIC Inc

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

Tom Curry, Monique Jilesen & Paul-Erik Veel | June 4, 2016

Conférence des juges de paix magistrats du Québec v Quebec (Attorney General)

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

Tom Curry & Paul-Erik Veel | July 2, 2015

In The Matter of Katanga Mining Limited

Counsel to Aristotelis Mistakidis in Ontario Securities Commission proceedings in respect of disclosure allegations related to Katanga Mining Limited, a Canadian publicly traded company, with copper assets in the Democratic Republic of Congo. The proceedings were resolved by way of settlement.

Shara N. Roy & Tom Curry | May 25, 2015

Teva Canada Limited v Pfizer Canada Inc

Counsel to Pfizer in an action for damages under section 8 of the PM(NOC) Regulations relating to Lyrica (pregabalin), a neuropathic pain drug.  The action proceeded to a five-week trial.

Tom Curry, Monique Jilesen, Paul-Erik Veel, James S.S. Holtom & Christina Shiels-Singh | January 1, 2015

Sheridan Chevrolet Cadillac Ltd v Kyungshin-Lear Sales and Engineering

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

Tom Curry & Monique Jilesen | February 20, 2013

Commissioner of Competition v Rogers Communications Inc

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.

Tom Curry, Jaan Lilles, Paul-Erik Veel & Grace Tsakas | November 30, 2012

Barclays Bank v Metcalfe &Mansfield (Devonshire Trust)

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.

Tom Curry, Monique Jilesen, Brian Kolenda & Christina Shiels-Singh | October 17, 2012

Re Coventree Inc

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.

Tom Curry, Monique Jilesen & Shara N. Roy | October 3, 2010

UBS Securities Canada, Inc v Sands Brothers Canada, Ltd

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.

Tom Curry & Anne E. Posno | April 1, 2009

Vescio v Garfield

Counsel to successful defendant pediatrician at trial in a medical negligence action involving an alleged missed diagnosis of hyperbilirubinemia.

Tom Curry & Anne E. Posno | July 1, 2007

Re Poseidon Concepts Corp

Counsel to the underwriters in connection with a securities class action and CCAA proceedings relating to Poseidon Concepts.  The class proceeding was resolved in the context of the CCAA process.

Tom Curry, Monique Jilesen, Shara N. Roy & Kelly Hayden | July 21, 2001

Commercial Arbitration

Counsel to the successful respondent at an arbitration involving a commercial real estate dispute.

Tom Curry & Rebecca Jones | June 24, 2001

Sky Solar (Canada) Ltd v Marnoch Electrical Services Inc

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

Tom Curry | June 2, 2001

Mazzucco v Herer

Counsel to the successful defendant physicians in a jury trial of a complex medical malpractice action relating to a stroke following childbirth.  Includes important interim ruling relating to deductibility of disability benefit.

Tom Curry, Rebecca Jones & Kelly Hayden | April 16, 2001

Law Society of Upper Canada v Groia

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.

Tom Curry, Jaan Lilles, Andrew Porter & Laura Liu Brooksbank | April 9, 2001

Construction Arbitration

Counsel to a provincial government agency in an arbitration relating to a province-wide construction project.

Tom Curry & Andrew Parley | April 3, 2001

Inukshuk Wireless Partnership v 4253311 Canada Inc

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

Tom Curry, Lawrence E. Thacker, Matthew B. Lerner & Brian Kolenda | March 24, 2001

Law Society of Upper Canada v DeMerchant

Counsel to the Law Society of Upper Canada in successfully defending a motion for production of prosecution documents on the basis of a claim of abuse of process.

Tom Curry, Jaan Lilles & Andrew Porter | March 21, 2001

Indcondo Building Corporation v Sloan

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.

Tom Curry | February 17, 2001

HSBC Bank Canada v Fuss

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

Tom Curry | February 3, 2001

Sazant v College of Physicians and Surgeons of Ontario

Counsel to intervener physicians in a constitutional challenge to a provision of the Regulated Health Professions Act.

Tom Curry, Matthew Sammon & Jaan Lilles | January 12, 2001

Pastore v Aviva Canada Inc

Counsel for successful appellant on matter regarding the proper interpretation of the Statutory Accident Benefits Schedule of the Insurance Act and the scope of judicial review of decisions made in that context.

Tom Curry | December 20, 2000

The Superintendent of Bankruptcy v 407 ETR Concession Company Ltd

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

Tom Curry & Andrew Parley | November 8, 2000

Toronto Police Association v Ontario (Civilian Commission on Police Services)

Counsel for the intervenors Toronto Police Services Board and Chief of Police on an application for judicial review of a decision of the Ontario Civilian Commission on Police Services regarding the investigation of a police officer.

Tom Curry | September 7, 2000

Blue Star Trailer Rentals Inc v 407 ETR Concession Co

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

Tom Curry | July 6, 2000

Lester v Ontario (Racing Commission)

Counsel in an application for judicial review of an order of the Ontario Racing Commission finding that the Applicants had breached the Rules of Standardbred Racing.

Tom Curry | July 2, 2000

Re Metcalfe &Mansfield Alternative Investments II Corp

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

Tom Curry | June 29, 2000

Smith v Toronto Police Association

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.

Tom Curry & Dena N. Varah | June 24, 2000

Animal House Investments Inc v Lisgar Development Ltd

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

Tom Curry & Dena N. Varah | June 11, 2000

Ferrara v Tabatabi

Counsel in an appeal concerning oppression remedy claims.

Tom Curry & Dena N. Varah | May 10, 2000

Commercial Arbitration

Counsel in a successful arbitration to enforce an oral contract between partners of a closely held corporation.

Tom Curry & Shara N. Roy | May 5, 2000

Berkshire Funding Initiatives Ltd v Trinity Capital Corp

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

Tom Curry | March 22, 2000

Partnership Arbitration

Counsel to the largely successful law firm respondent at an arbitration involving a partnership dispute.

Tom Curry & Rebecca Jones | February 27, 2000

Law Society of Upper Canada v Neinstein

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.

Tom Curry | January 11, 2000

Select Committee on Financial Transparency

Counsel to corporate witnesses testifying at the Legislative Assembly of Ontario’s Select Committee on Financial Transparency.

Tom Curry, Monique Jilesen, Rebecca Jones, Jessica Roher & Chloe Boubalos

Saleh v Nebel

Counsel to the cross appellant Ludwig Nebel on the successful appeal of the trial judge’s decision to deny costs to the successful defendant. 

Tom Curry & Robert Trenker