Cases

• 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
• Cappelli v Nobilis Health Corp

  Counsel to the successful defendant in resisting a motion for leave to pursue a claim or secondary market misrepresentation under the Ontario Securities Act and certification of a class action under the Class Proceedings Act, 1992.

  Alan J. Lenczner, Brendan F. Morrison, Nilou Nezhat & Grace Tsakas | April 10, 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
• Joyce v MtGox Inc

  Counsel to the CEO of MtGox Inc, a defendant in a proposed Ontario class proceeding, concerning the failure of the Japanese BitCoin exchange.

  Matthew B. Lerner & Andrew Porter | December 15, 2018
• Andersson v Aquino

  Counsel to the plaintiff in oppression proceedings concerning the alleged fraudulent execution of a share transfer agreement.  Successfully obtained an order setting aside a finding of contempt of court.

  Matthew B. Lerner, Chris Kinnear Hunter & Zachary Rosen | December 1, 2018
• Bourque v Cineflix

  Counsel to Cineflix and related entities in a proposed class action relating to the alleged misclassification of independent contractors in the television production industry.

  Matthew Sammon, Paul-Erik Veel, Margaret Robbins & Christina Shiels-Singh | October 1, 2018
• Jeffery v London Life Insurance Company

  Counsel to the Law Foundation of Ontario successfully responding to an appeal regarding the payment of its levy in a class action.

  Tom Curry & Paul-Erik Veel | December 31, 2017
• Mancinelli v Royal Bank of Canada

  Counsel to Société Générale in a putative class action pending in the Ontario Superior Court of Justice relating to allegations of conspiracy and price fixing in the global foreign exchange market.

  Peter J. Osborne & Chris Kinnear Hunter | September 18, 2017
• Bernstein v Peoples Trust Company

  Counsel to the Defendants in a class proceeding alleging that various brands of network-branded payment cards were subject to activation, dormancy, and other fees that constitute misrepresentations, breach of contract, and breaches of various provincial consumer protection legislation and related regulations.

  Lawrence E. Thacker, Constanza Pauchulo, Patrick Healy, Jonathan Chen & Christina Shiels-Singh | August 10, 2016
• Piett v Global Learning Group Inc

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

  Peter Griffin, Shara N. Roy & Amy Sherrard | August 5, 2016
• Baldwin v Imperial Metals Corporation

  Counsel to the defendant Imperial Metals Corporation in a class action relating to alleged breaches of the Securities Act in connection with a breach of the tailings storage facility at the Mount Polley Mine.

  Lawrence E. Thacker, Brian Kolenda, Lars Brusven & Laurel D. Hogg | July 19, 2016
• Staines v Royal Bank of Canada

  Counsel to the defendant Société Générale in a proposed class action alleging conspiracy and price fixing in connection with the international foreign exchange market. The plaintiffs seek billions of dollars in damages.

  Peter J. Osborne & Shara N. Roy | July 18, 2016
• MacDonald v BMO Trust Company

  Counsel to the defendants in a class action alleging failure to disclose foreign exchange fees in registered accounts.

  Peter Griffin, Monique Jilesen, Danielle Glatt, Jonathan Chen, Chloe Boubalos & Christina Shiels-Singh | June 7, 2016
• 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
• Di Filippo v The Bank of Nova Scotia

  Counsel to Société Générale in a proposed class action alleging conspiracy and price fixing in connection with the international gold market.

  Peter J. Osborne, Shara N. Roy & Chris Kinnear Hunter | May 15, 2016
• De Muelenaere v Great Gulf Homes Limited

  Counsel to the defendant developer in a class action alleging breach of contract and negligence relating to the installation of plumbing fixtures.

  Monique Jilesen | March 15, 2016
• Dennis v Her Majesty the Queen in Right of Canada

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

  Lawrence E. Thacker, Brendan F. Morrison, James S.S. Holtom & Chloe Boubalos | June 22, 2015
• Locking v McCowan

  Counsel to the defendants in a class proceeding by unit holders of Partners REIT.

  Tom Curry & Mariam Moktar | June 1, 2015
• Trillium Motor World Ltd v General Motors of Canada Ltd

  Counsel to defendant, Cassels Brock and Blackwell LLP, in an eight week trial commenced on behalf of a group of General Motors of Canada Limited dealers whose dealerships were terminated by GMCL as a result of the financial crisis and "auto bailout" in the summer of 2009.

  Peter Griffin, Rebecca Jones, Danielle Glatt & Laura Liu Brooksbank | January 6, 2015
• Re Sino-Forest Corporation

  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.

  Peter Griffin, Peter J. Osborne, Shara N. Roy & Christina Shiels-Singh | December 16, 2014
• Berglund v BCE Inc

  Counsel to a defendant cell phone manufacturer in a proposed class proceeding alleging that cellular phones designed, manufactured, and sold by various defendants emit excessive amounts of radiation that allegedly causes adverse health effects.

  Lawrence E. Thacker & Andrew Parley | August 9, 2014
• 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
• 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
• 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
• Ali Holdco Inc v Archer Daniels Midland Company

  Counsel to the defendant Corn Products International Inc. in a class proceeding alleging conspiracy to fix prices and restrain competition in the market for high fructose corn syrup.

  Monique Jilesen | January 3, 2012
• Kerr v Danier Leather Inc

  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.

  Alan J. Lenczner & Jaan Lilles | June 13, 2008
• Smith v Inco Ltd

  Counsel to Inco Ltd. in a mass tort class proceeding alleging nuisance and a reduction in property values resulting from emissions of copper, cobalt, nickel, lead and other industrial waste. The trial judge had found for the class and gave judgment for $36 million in property damages. On appeal, the plaintiffs' class action claims in the amount of $36 million were dismissed.

  Alan J. Lenczner | November 20, 2005
• Dow v 407 ETR Concession Company Limited

  Counsel to the defendant 407 ETR in a class action relating to the use of the statutory licence plate denial remedy in relation to insolvent individuals.

  Tom Curry, Rebecca Jones, Andrew Parley & Kelly Hayden | July 7, 2001
• Ramsay v Panasonic Corporation

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

  Tom Curry, Monique Jilesen & Paul-Erik Veel | March 10, 2001
• Filson v Canadian Wheat Board

  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.

  Glenn Smith & Lawrence E. Thacker | March 7, 2001
• McLaren v LG Electronics Canada Inc

  Counsel to LG Canada Inc. in a products liability claim alleging negligence in the manufacture and sale of refrigerators.

  Ronald G. Slaght & Rebecca Jones | March 4, 2001
• Eppich v Boiron Canada Inc

  Counsel to Boiron, a Quebec based company, in a class action alleging misrepresentations in the marketing of a homeopathic medicine product.

  Tom Curry & Monique Jilesen | February 2, 2001
• Windsor Glass Company Limited v Asahi Glass Company Limited

  Counsel to one of the defendants in a class proceeding against numerous flat glass manufacturers alleging a price fixing conspiracy and breach of the Competition Act in the Canadian flat glass market.

  Lawrence E. Thacker | December 28, 2000
• Sorenson v easyhome Ltd

  Counsel to defendants in securities class action relating to misstatements in financial results.

  Ronald G. Slaght | December 27, 2000
• Frank v Farlie, Turner &Co, LLC

  Counsel to the defendant, Stephen Giordanella, in a proposed class action under the Ontario Securities Act.  Successfully moved to strike the Statement of Claim, without leave to amend, as against the individual defendant.

  Peter J. Osborne | December 22, 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.

  Peter Griffin, Shara N. Roy, Ian MacLeod & Amy Sherrard | December 9, 2000
• Weninger Farms Ltd v Canada (Minister of National Revenue)

  Counsel to the Government of Canada in a class proceeding brought by tobacco quota farmers against the Minister of National Revenue.  Successfully moved to strike the Statement of Claim without leave to amend on the basis that it disclosed no reasonable cause of action.

  Ronald G. Slaght & Andrew Parley | November 28, 2000
• McKenna v Gammon Gold Inc

  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.

  Ronald G. Slaght & Mark Veneziano | November 19, 2000
• Riediger v Air Canada

  Counsel to one of the defendants in a class proceeding alleging conspiracy to fix passenger fares, including breach of the Competition Act.

  Shara N. Roy | November 18, 2000
• Turner v York University

  Counsel to defendant York University in a proposed class action by students arising out of an instructors' strike.  Successful in resisting certification of the action as a class proceeding.

  Ronald G. Slaght & William C. McDowell | November 16, 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
• McCarthy v Canadian Red Cross Society

  Counsel to the Trustee of the settlement fund created following the settlement of a class action brought against the Red Cross Society surrounding tainted blood.

  Risa M. Kirshblum & Andrew Parley | November 11, 2000
• Czamanske v Canadian Royalties Inc

  Counsel to underwriters in a class proceeding alleging prospectus misrepresentations.

  Mark Veneziano & Lindsay Beck | November 10, 2000
• Laneville v Allen-Vanguard Corporation; Love v Canaccord Financial Ltd

  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.

  Eli S. Lederman | October 6, 2000
• Carom v Bre-X Minerals Ltd

  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).

  Alan J. Lenczner & Lawrence E. Thacker | October 1, 2000
• Barbiero v Pollack

  Counsel to a physician in a class action relating to the use of an injectable treatment.

  Rebecca Jones & Danielle Glatt | September 25, 2000
• Nutech Brands Inc v Air Canada

  Counsel for a defendant in a class action relating to an alleged price-fixing conspiracy in the market for air freight shipping services.

  Glenn Smith & Matthew B. Lerner | September 11, 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 31, 2000
• Baker (Estate) v Sony BMG Music (Canada) Inc

  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.

  Peter J. Osborne | August 28, 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
• Parsons v McDonald's Restaurants of Canada Ltd

  Counsel to McDonald's Restaurants of Canada Ltd. in a class proceeding alleging misrepresentation arising out of a marketing and promotion campaign.

  Ronald G. Slaght & Mark Veneziano | June 1, 2000
• Prendiville v 407 International Inc

  Counsel to the defendant 407 ETR in a class action dealing with the payment of late payment fees alleged to have violated the Criminal Code.

  Tom Curry | March 21, 2000
• CC&L Dedicated Enterprise Fund (Trustee of) v Fisherman

  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.

  Peter Griffin | March 19, 2000
• Dugal v Manulife Financial Corporation

  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.

  Alan J. Lenczner | March 11, 2000
• Robertson v Canwest Publishing, Inc

  Counsel to Canwest Publishing, Inc. in Canadian class proceeding in which plaintiffs alleged copyright infringement in respect of all electronic news and journalistic published content. Successfully resolved proceeding and coordinated first certification for settlement approval and settlement approval of a Canadian class proceeding within the context of an ongoing CCAA proceeding.

  Peter J. Osborne | March 10, 2000
• Lawrence v Atlas Cold Storage Income Trust

  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.

  Peter Griffin | March 8, 2000
• Winners Merchants International, LP v First Data Loan Company Canada

  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.

  Peter J. Osborne | March 7, 2000
• Currie v McDonald's Restaurants of Canada Ltd

  Counsel to defendant, McDonald's Restaurants of Canada Ltd., in a class action alleging misrepresentation arising out of a marketing and promotion campaign.

  Ronald G. Slaght | March 6, 2000
• Lloyd Zudel v E*TRADE Group Inc (now Scotia iTRADE Corp)

  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.

  Peter J. Osborne | March 3, 2000
• Gould v FMF

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

  Mark Veneziano | March 2, 2000
• R v JTI-Macdonald, Imperial Tobacco Canada, and Rothmans, Benson &Hedges

  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.

  Ronald G. Slaght & Peter J. Osborne | February 13, 2000
• Anti-Vibration Rubber Parts Class Actions

  Counsel to Bridgestone Corporation in the defense of class actions related to anti-

  vibration rubber parts. (Prior to joining Lenczner Slaght)

  Jessica Starck
• Valeant Pharmaceuticals Class Actions

  Counsel to the former Chief Financial Officer of Valeant Pharmaceuticals International Inc. in defense of securities class actions commenced in the Ontario and Quebec courts. (Prior to joining Lenczner Slaght)

  Jessica Starck