Commercial Litigation
Competition and AntitrustCases
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Counsel to a Canadian commercial landlord in an action for breach of contract arising from the default by WeWork on certain commercial lease agreements and in respect of concurrent bankruptcy proceedings in the United States and Canada.
Matthew B. Lerner & Jonathan D. Langley | March 11, 2024
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Counsel to Andrómaco, a Mexican pharmaceutical company, a defendant in a dispute relating to the manufacture, approval, and distribution of a wound gel product in Mexico, the United States, and Europe. On a preliminary motion, successfully stayed the action for lack of jurisdiction.
Andrew Moeser & Alexis Vaughan | March 1, 2024
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Counsel to the Defendants in an action arising from an alleged breach of a supply agreement.
Tom Curry, Jonathan Chen, Nikolas De Stefano & Christina Shiels-Singh | January 9, 2024
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Counsel to the former CFO of a TSX listed financial corporation in relation to a CPAO disciplinary proceeding.
Peter Griffin & Christopher Yung | January 1, 2024
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Counsel to a former general counsel of a Bermudian corporation in an Ontario proceeding.
Christopher Yung | January 1, 2024
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Counsel to the board of directors of a credit union placed under administration proceedings by a regulator.
Tom Curry, Scott Rollwagen & Christopher Yung | January 1, 2024
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Counsel to a board director of a TSX listed company to compel production of records in relation to an insider transaction.
Monique Jilesen & Christopher Yung | January 1, 2024
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Counsel to former CEO and director for breach of employment agreement, and defence to counterclaim alleging unauthorised transactions.
Matthew Sammon & Christopher Yung | January 1, 2024
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Counsel to an insurer in a D&O liability claim against an officer in the context of financial fraud.
Nina Bombier & Christopher Yung | January 1, 2024
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Counsel to a property development company in a dispute regarding the sale of a partnership interest.
Matthew Sammon, Sean Lewis & Evan Linn | January 1, 2024
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Counsel to Cameron Stephens Mortgage Capital Ltd. in a dispute regarding an alleged breach of a loan agreement.
Jonathan Chen, Sean Lewis & Militza Boljevic | January 1, 2024
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Counsel to a supplier of hot rolled steel bar products in successfully obtaining an interlocutory injunction preventing the termination of a supply agreement for a period of time.
Lawrence E. Thacker, Jonathan Chen, Mari Galloway & Blerta Gjoci | October 30, 2023
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Counsel to MAGNA Pharmaceuticals, Inc. a defendant in a dispute brought in Ontario relating to the approval and distribution of a wound gel product in the United States.
Andrew Moeser & Dan Malone | September 17, 2023
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Counsel to Lithium Royalty Corporation in a successful trial to enforce a binding contract for the purchase of an 85% interest in a Nevada lithium royalty for US$18.7 million total consideration.
Lynne McArdle, Brendan F. Morrison & Kate Costin | August 15, 2023
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Counsel to a commercial landlord in an action for breach of contract arising from the default of a commercial lease agreement. Successful in obtaining a $2 million default judgment.
Matthew B. Lerner, Jonathan D. Langley & Grace Tsakas | August 8, 2023
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Counsel to the responding parties in successfully obtaining the dismissal of a motion brought by an employer seeking an interlocutory injunction to prevent a former employee from continuing to work for their competitor.
Matthew B. Lerner & Zachary Rosen | April 1, 2023
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Counsel to leading window coverings designer and manufacturer, Altex, in a commercial action in the Superior Court of Canada, related to intentional interference with contractual relations, and misappropriation of confidential and proprietary information.
Jordana Sanft & Jim Lepore | April 1, 2023
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Counsel to a former employee at Callidus Capital Corporation, who commenced a wrongful dismissal claim in 2017. Callidus counterclaimed against our client for $150 million, which we successfully argued to have dismissed as an “Anti-SLAPP” proceeding at the Court of Appeal. We then obtained summary judgment in the main employment action for over $1.3 million plus interest.
Peter Griffin & Jonathan McDaniel | January 2, 2023
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Counsel to the applicant in a successful application to have American arbitral awards and court judgments recognized and enforced in Ontario.
Matthew Sammon & Nikolas De Stefano | January 1, 2023
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Counsel to a number of investors in a limited partnership commencing an action for breach of contract and seeking a Mareva injunction against the Defendants.
Aaron I. Grossman & Sahar Talebi | January 1, 2023
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Counsel to the Plaintiff DCR Strategies Inc. in a number of matters, seeking damages and injunctive relief relating to disclosure and use of confidential information.
Eli S. Lederman, Andrew Parley, Jonathan D. Langley & Sahar Talebi | January 1, 2023
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Counsel to Cameron Stephens Mortgage Capital Ltd. in an action concerning the alleged breach of a commitment letter.
Jonathan Chen & Sean Lewis | January 1, 2023
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Trial counsel to several public sector pension funds in a breach of fiduciary duty and breach of contract claim with a manager of public infrastructure projects.
Peter Griffin, Dena N. Varah, Jonathan McDaniel, Andrew Locatelli & Christina Shiels-Singh | July 12, 2022
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Counsel to Great Gulf in a large commercial dispute involving the development of two large condominium projects in the heart of downtown Toronto. Great Gulf successfully resisted the Plaintiffs’ motion to strike claims for repudiation made in Great Gulf’s counterclaim.
William C. McDowell, Sarah Millar, Brendan F. Morrison, Brianne Westland & Jonathan Mertz | July 4, 2022
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Counsel to the successful claimant in an arbitration arising out of a shareholder dispute.
Tom Curry & Madison Robins | June 1, 2022
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Counsel to CBRE in an oppression claim in the Supreme Court of British Columbia against HBC arising from the breach of department store leases in The Netherlands. Successfully opposed HBC’s application to strike CBRE’s claim.
Anne E. Posno & David Salter | February 22, 2022
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Counsel to the successful Respondent corporation in a breach of contract dispute concerning an alleged amendment to a contract.
Matthew Sammon & Sean Lewis | February 1, 2022
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Counsel to the plaintiffs in an oppression and breach of contract dispute regarding real estate developments and not for profit corporations.
Lawrence E. Thacker, Sean Lewis & Mari Galloway | January 1, 2022
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Counsel to Jardine Lloyd Thompson in an action alleging breach of fiduciary duties, breach of contract and misappropriation of confidential information.
Mark Veneziano, Jonathan Chen & Sean Blakeley | October 4, 2021
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Counsel to the successful partner of a multi-billion dollar residential and commercial real estate developer and builder in obtaining successful order winding up and selling the partnership.
Peter Griffin, Eli S. Lederman, Christina Shiels-Singh & Paulina Goncalves | July 1, 2021
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Counsel for the former director of a cannabis company, defending against allegations of bad faith and breach of fiduciary duty by the purchasers of the company in relation to a $35 million supply agreement entered into during his directorship.
Eli S. Lederman, Julia Flood & Samantha Hale | April 26, 2021
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Counsel to the commercial landlord in an action arising from the seizure of restaurant equipment following the default of a commercial lease agreement. Successful in having multiple identical actions dismissed as an abuse of process.
Matthew B. Lerner & Jonathan D. Langley | January 19, 2021
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Counsel to the Respondent tenant in a breach of contract dispute with a landlord. The proceedings were resolved by way of settlement.
Mark Veneziano & Sean Lewis | January 1, 2021
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Counsel to the Applicant cattle producer in a judicial review application in respect of claims under a provincial program for livestock administered by the Respondent.
Brendan F. Morrison, Adam H. Kanji & Samantha Hale | January 1, 2021
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Counsel to the Toronto Islands Residential Community Trust Corporation in a dispute over the transfer of two properties on the Toronto Islands in contravention of the terms and purpose of the Toronto Islands Residential Community Stewardship Act, 1993.
Brendan F. Morrison & Adam H. Kanji | October 7, 2020
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Counsel to the successful corporate Defendant in an action seeking injunctive and other extraordinary relief arising from the departure of a former employee of the Plaintiff. Successfully obtained costs against the Plaintiff and resisted the injunctive and other relief as against the corporate Defendant.
Brendan F. Morrison & Kaitlin Soye | October 1, 2020
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Counsel to an investment advisor in an employment dispute arising from a regulatory investigation.
Brian Kolenda & Jonathan D. Langley | June 1, 2020
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Counsel to the respondent corporation and director in a breach of contract application related to the acquisition of a license to grow and sell cannabis in Zimbabwe. Successfully stayed the matter in favour of arbitration.
Matthew B. Lerner & Sean Lewis | April 1, 2020
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Counsel to the defendants (plaintiffs by counterclaim) in an action alleging conspiracy and breach of fiduciary duties by former employees of a company. The counterclaim alleges that the plaintiffs have engaged in constructive dismissal and promulgated defamatory comments.
Tom Curry, Brian Kolenda & Adam H. Kanji | April 1, 2020
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Counsel to the Respondent Laurentian Bank Securities in opposing an application for an interim injunction with respect to the Applicants’ margin accounts brought at the onset of the COVID-19 pandemic in North America.
Monique Jilesen, Shara N. Roy, Christopher Trivisonno & Jacqueline Chan | April 1, 2020
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Counsel to Zurich in an action to rescind surety bonds worth nearly $300 million, and to recover over $68 million, due to collusion and misrepresentations in the bidding process for the St. Michael’s Hospital Redevelopment Project in Toronto.
Matthew B. Lerner, Brian Kolenda, Jonathan McDaniel, Sarah Bittman, Scott Rollwagen, Sarah Millar, Jessica Kras & Christina Shiels-Singh | April 1, 2020
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Counsel to various stakeholders in competing applications for the appointment of a receiver and manager pursuant to subsection 243(1) the Bankruptcy and Insolvency Act, section 101 of the Courts of Justice Act, and an application for protection under the Companies’ Creditors Arrangement Act.
Shara N. Roy, Aaron I. Grossman & Sahar Talebi | April 1, 2020
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Counsel to the defendants in an oppression claim arising from historic share issuances. Successfully resisted as injunction seeking various mandatory orders.
Tom Curry & Madison Robins | March 3, 2020
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Trial counsel to IMCO in a breach of contract claim with manager of public infrastructure projects.
Peter Griffin, Dena N. Varah, Meghan Bridges, Jenn Power, Sarah Millar, Christina Shiels-Singh & Paulina Goncalves | March 1, 2020
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Counsel to the Defendant barristers and solicitors in an action claiming damages of over $12 million arising from a dental equipment supply agreement. The plaintiffs alleged breach of fiduciary duties and negligence. At trial, nominal damages of only $2,000 were awarded.
Tom Curry, Rebecca Jones, Brendan F. Morrison, Sarah Bittman & Christina Shiels-Singh | January 6, 2020
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Counsel to Canadian cybersecurity suppliers in dispute between Saudi companies and former Minister of Saudi government. Successfully set aside Norwich Orders affecting the Canadian suppliers that had been obtained on an ex parte basis.
Tom Curry, Andrew Moeser, Scott Azzopardi & Sahar Talebi | January 1, 2020
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Counsel to the defendant franchisee in proceedings concerning the disputed resale of a franchise.
Matthew B. Lerner & Mitch Brown | January 1, 2020
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Counsel to the respondents in a partnership dispute concerning multiple high-value residential real-estate holdings in downtown Toronto.
Matthew B. Lerner & Mitch Brown | January 1, 2020
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Counsel to the Manitoba Metis Federation in a dispute with the Government of Manitoba over the cancellation of hydro contracts.
Paul-Erik Veel, Margaret Robbins, Jessica Kras & Adam H. Kanji | December 1, 2019
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Counsel to the successful minority dissident corporate shareholder in various court applications involving a contested proxy battle.
Dena N. Varah & Derek Knoke | October 16, 2019
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Counsel to the defendant financial services companies at trial in a breach of contract claim brought by a financial planner and mutual fund salesman plaintiff seeking $50 million in management fees payable under a royalty agreement. Succeeded in reducing the damages payable to the plaintiff to under $90,000, and in obtaining the defendants’ costs of the proceedings of over $175,000.
Lawrence E. Thacker, Christopher Trivisonno & Zachary Rosen | July 1, 2019
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Counsel to the directors of TransAlta Corporation in an oppression claim brought by a significant shareholder.
Peter Griffin, Rebecca Jones, Jonathan McDaniel, Sarah Millar & Christina Shiels-Singh | May 30, 2019
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Counsel to the Vendors of a multi-tower condominium project in a claim alleging breach of contract.
Scott Rollwagen, Monique Jilesen, Derek Knoke & Melissa Baur | April 29, 2019
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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
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Counsel to the successful defendant on an appeal from a motion for summary judgment, dismissing a claim of breach of confidential information. The appeal raised the issue of what constitutes a competitive advantage entitling a plaintiff to equitable remedies.
Alan J. Lenczner, Brendan F. Morrison & Derek Knoke | March 4, 2019
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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
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Counsel to the applicant Estate Trustee in a successful oppression application, and on appeal. The application judge ordered the wind up of the respondent corporation, based on grave breaches of fiduciary duties by the personal respondents, including the usurpation of a significant real estate opportunity. The divisional court affirmed the application judge’s remedy and findings.
Matthew Sammon, Christopher Trivisonno, Sam Johansen & Melissa Baur | February 27, 2019
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Counsel to a land developer and home builder in connection with a dispute relating to a large residential community development.
Andrew Parley & Jonathan D. Langley | February 5, 2019
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Counsel to the Plaintiff, Parallel49 in an Alberta action relating to alleged misrepresentations during the purchase and sale of a calcium chloride plant.
Andrew Parley, Kate Costin, Graham Henry & Christina Shiels-Singh | February 5, 2019
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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, Robert Trenker, Christopher Trivisonno, Christina Shiels-Singh & Megan Bradt | February 1, 2019
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Counsel to individual respondents in an application relating to a worldwide and multijurisdictional Mareva injunction, including Malaysia, Cyprus and Australia.
Monique Jilesen, Jonathan Chen, Zachary Rosen, Sahar Talebi & Christina Shiels-Singh | January 31, 2019
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Successful appeal on behalf of two defendant shareholders from an order holding them liable for the debts of a company pursuant to a personal guarantee. Summary judgment was overturned on appeal. The Court dismissed the plaintiff’s claim under the guarantee.
Colin Johnston | January 1, 2019
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Counsel to the respondents in an appeal from a decision of the Small Claims Court arising from the sale of a used motor vehicle.
January 1, 2019
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Counsel to the defendants in an action claiming for unpaid legal fees.
Brendan F. Morrison & Adam H. Kanji | January 1, 2019
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Counsel to the defendants in a commercial dispute alleging breach of contract and misrepresentation.
Tom Curry & Adam H. Kanji | January 1, 2019
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Counsel to the former Chief Financial Officer of the corporate defendant in a case alleging the breach of an employment contract and seeking damages for libel.
Lawrence E. Thacker, Christopher Yung & Adam H. Kanji | January 1, 2019
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Counsel to a general contractor in a dispute with a design subcontractor on a very large transit project regarding design deficiencies and payment for design changes that have arisen over the course of construction.
Matthew Sammon, Andrew Parley, Aaron I. Grossman, Kelly Hayden, Christina Shiels-Singh & Megan Bradt | January 1, 2019
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Counsel to the successful respondents in resisting an appeal from a decision to register a foreign costs award in Ontario.
Paul-Erik Veel & Madison Robins | December 3, 2018
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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
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Counsel to the plaintiff/defendant by counterclaim in a complex dispute concerning allegations of misrepresentation in the course of a transaction to sell a mortgage brokerage.
Matthew B. Lerner & Zachary Rosen | November 15, 2018
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Counsel to Carillion Canada Inc. in a motion against its former bank seeking the return of funds debited from the company bank account as set-off during the CCAA stay period. The bank was found to have knowingly breached the stay order, resulting in a significant costs award.
Monique Jilesen & Madison Robins | November 1, 2018
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Counsel in various proceedings on behalf of Ernst & Young, the court appointed Monitor of Hollinger Inc. and related entities in complex CCAA proceedings.
Peter Griffin, Monique Jilesen & Matthew B. Lerner | November 1, 2018
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Counsel to the responding party on an interlocutory injunction relating to an alleged business disruption from the termination of software license agreements.
Andrew Skodyn, Matthew B. Lerner & James S.S. Holtom | October 30, 2018
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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.
Glenn Smith, Matthew B. Lerner & Brendan F. Morrison | September 1, 2018
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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
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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
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Counsel to the plaintiff employer in an action and an injunction to restrain former employees from the misuse of misappropriated confidential information.
Matthew B. Lerner & Danielle Glatt | August 1, 2018
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Counsel to a limited partnership and its general partner in various proceedings contesting the sale of partnership units after the exercise of a right of first refusal.
Matthew B. Lerner, Kate Costin & Mitch Brown | July 28, 2018
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Counsel to a landlord in an arbitration to determine fair market rent over a renewal term.
Matthew B. Lerner & Robert Trenker | July 13, 2018
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Counsel in lengthy judicial review proceedings in Federal Court (Trial Division) and Federal Court of Appeal relating to the procurement process for the contract for refurbishment and ongoing maintenance of Canadian Armed Forces submarines.
Lawrence E. Thacker | April 13, 2018
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Counsel to Gregor LLC in a commercial and domain name dispute. Successfully resisted a motion for interlocutory injunction by having the action dismissed for lack of jurisdiction.
Sana Halwani & Veronica C. Tsou | March 1, 2018
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Counsel to the Appellant, McDonald’s, on a successful appeal at the Ontario Court of Appeal over the renewal of a commercial lease.
Ronald G. Slaght, Andrew Parley, Margaret Robbins & Megan Bradt | February 14, 2018
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Counsel to Toshiba in a software licensing dispute involving point-of-sale systems.
Sana Halwani, Peter Griffin & Patrick Healy | November 16, 2017
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Counsel to Google in an appeal to the Supreme Court of Canada from decisions of the Supreme Court of British Columbia and British Columbia Court of Appeal in a novel case regarding the limits to be placed on injunctions granted against non-parties.
William C. McDowell, Scott Rollwagen & Madison Robins | April 30, 2017
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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 | January 1, 2017
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Counsel to GE Canada Equipment Financing GP in a dispute relating to the financing of a hotel construction project.
Peter Griffin, Laura Robinson & Grace Tsakas | June 14, 2016
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Counsel to plaintiff University in a successful trial of an action arising from fraud by senior university executives in connection with construction and maintenance work.
William C. McDowell, Dena N. Varah, Brian Kolenda, Laurel D. Hogg, Adam H. Kanji & J. Gwendolyn Ward | May 31, 2016
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Counsel to Atos in a dispute respecting the termination of a subcontract for data conversion and software support. The matter was subject to numerous motions and proceeded to a five week trial before the Ontario Superior Court of Justice, where Atos was successful in recovering approximately $5.5 million in damages.
Peter Griffin, Shara N. Roy, Paul-Erik Veel, Laurel D. Hogg & Grace Tsakas | May 18, 2016
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Counsel to the 407 ETR in a successful motion and appeal to determine a question of law that no limitation period expired prior to the commencement of the action by 407 ETR. The Ontario Court of Appeal's decision is one of the leading cases on the appropriateness requirement of the discoverability provisions in the Limitations Act, 2002.
Tom Curry, Scott Rollwagen, Rebecca Jones & Kelly Hayden | July 17, 2015
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Counsel to a developer in a dispute relating to the construction and management of two condominium developments. Successfully opposed a motion to compel the transfer of shares to the moving parties pursuant to an alleged trust, and opposed a motion to appoint an Inspector.
Lawrence E. Thacker, Chris Kinnear Hunter & Christina Shiels-Singh | June 20, 2015
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Counsel to the successful applicants in an application to recognize and enforce a worldwide freezing order in respect of an aircraft.
Monique Jilesen, Chris Kinnear Hunter & Sam Johansen | May 25, 2015
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Counsel to a series of companies in proceedings involving a receivership over commercial real estate developments and efforts to recover $110 million in funds improperly diverted. The matter involved dozens of contested motions and several appeals on a variety of commercial, real estate issue and construction law issues, including at the Supreme Court of Canada on the issue of “knowing assistance” by corporate actors.
Peter Griffin, Shara N. Roy, Paul-Erik Veel, Danielle Glatt, Christopher Yung, Madison Robins, Chloe Boubalos & J. Gwendolyn Ward | May 24, 2015
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Counsel to CN in respect of an injunction seeking non-solicitation and non-use orders against a departing employee who removed and misused confidential information.
Monique Jilesen | April 24, 2015
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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 & Christina Shiels-Singh | December 16, 2014
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Counsel to the plaintiff in successful proceedings for advancement of funds to pay legal fees relating to criminal charges. The Court's decisions in this matter are the leading cases on advancement of funds.
Nina Bombier, Brian Kolenda & Kelly Hayden | July 31, 2014
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Counsel to the Government of Canada in a lengthy Federal Court of Canada trial, in which the claim for $400 million involving allegations of procurement bid for engineering and technical services was successfully defended.
Monique Jilesen | April 5, 2014
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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.
Eli S. Lederman & Constanza Pauchulo | January 27, 2014
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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
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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.
Tom Curry, Monique Jilesen, Brian Kolenda & Christina Shiels-Singh | October 17, 2012
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Counsel for the defendant Molson Sport & Entertainment in a trial regarding claims of negligent misrepresentation and interference with contractual relations involving the water rights at a major concert.
Dena N. Varah | July 20, 2012
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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.
Tom Curry, Anne E. Posno & Constanza Pauchulo | July 1, 2012
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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
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Counsel to a mining company in an arbitration regarding liability and indemnification for historical environmental contamination.
Ronald G. Slaght, Shara N. Roy & Paul-Erik Veel | August 6, 2011
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Counsel to the defendant in an action relating to an alleged oral agreement for shares in Pizza Pizza.
Monique Jilesen, Paul-Erik Veel & Christina Shiels-Singh | June 3, 2011
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Counsel to Xerox in a software licensing dispute encompassing allegations of copyright infringement.
William C. McDowell, Dena N. Varah, Sana Halwani, Lars Brusven & J. Gwendolyn Ward | November 18, 2010
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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
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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
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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.
Risa M. Kirshblum | July 7, 2007
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Counsel on the enforcement and receivership of leasehold mortgages registered against luxury residential apartments complicated by extensive tenant improvements.
Ronald G. Slaght, Peter Griffin & Anne E. Posno | December 1, 2006
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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
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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
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Counsel to the Government of Canada in connection with proceedings relating to the procurement process and bid evaluation relating to a contract for the Canadian Forces for the acquisition of light armoured patrol vehicles and related systems.
Jaan Lilles & Lars Brusven | July 28, 2001
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Counsel to employee defendants in an action alleging conspiracy and theft of confidential information.
Mark Veneziano & Andrea Wheeler | July 27, 2001
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Counsel to the applicant in an oppression application seeking a sale of shares and wind-up of a corporation.
Shara N. Roy, Ahmad Mozaffari & Margaret Robbins | July 25, 2001
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Counsel to the plaintiff in an action for breach of contract relating to the sale of industrial pipe.
Monique Jilesen | July 20, 2001
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Counsel to Best Theratronics on an interlocutory injunction motion relating to a commercial contract dispute.
Eli S. Lederman, Ian MacLeod & James S.S. Holtom | July 10, 2001
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Counsel to the defendant at a trial relating to allegations of mortgage fraud.
Mark Veneziano | July 5, 2001
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Counsel to the plaintiff in an action to recover funds advanced pursuant to a promissory note.
Matthew B. Lerner | June 26, 2001
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Counsel to the plaintiff in action to recover escrow funds from aborted real estate transaction. Successfully opposed a motion to stay the action on the basis that the Ontario Courts did not have jurisdiction.
Matthew B. Lerner, Brian Kolenda & Madison Robins | June 23, 2001
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Counsel to an equity research firm in an action arising from alleged defamatory statements in investment research reports.
Brendan F. Morrison | May 17, 2001
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Counsel to McDonald's Restaurants in connection with a dispute relating to a lease for a restaurant.
Mark Veneziano & Andrew Parley | May 12, 2001
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Counsel to the defendant in a breach of contract and fraudulent misrepresentation action.
Matthew B. Lerner & Danielle Glatt | May 6, 2001
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Counsel for the Ecuadorian plaintiffs in a Canadian action for an order recognizing a $9.51 billion (USD) Judgment obtained in Ecuador against Chevron Corporation regarding oil pollution in the Amazon. Successful respondents in an appeal to the Supreme Court of Canada of the jurisdictional challenge of the action for recognition and enforcement.
Alan J. Lenczner, Brendan F. Morrison & Grace Tsakas | April 28, 2001
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Counsel to Valeant in a breach of contract action in respect of a pharmaceutical product.
Monique Jilesen, Jonathan Chen, Ian MacLeod, Samantha Hale & Laurel D. Hogg | April 23, 2001
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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
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Counsel to the non-party appellant in a dispute over production of financial records for purposes of a valuation of a commercial enterprise.
Alan J. Lenczner & Brendan F. Morrison | April 15, 2001
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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.
Mark Veneziano & Ian MacLeod | April 13, 2001
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Counsel to the applicant in a judicial review application arising out of the decision of the Regional Municipality of York to modify and approve an official plan amendment for the City of Vaughan.
Tom Curry, Scott Rollwagen & Ian MacLeod | April 11, 2001
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Counsel to a patent licensing company in an international commercial arbitration relating to a patent license agreement and related US multi-jurisdictional patent litigation.
Lawrence E. Thacker | April 10, 2001
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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
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Counsel to SNC Lavalin in connection with a dispute regarding the construction of a water main in Peel Region.
Andrew Parley & James S.S. Holtom | April 4, 2001
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Counsel to the applicant lender. Successful in obtaining a Mareva injunction and receivership over the respondent, a guarantor of the loans.
Monique Jilesen, Chris Kinnear Hunter & Grace Tsakas | March 29, 2001
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Counsel for parties in receivership proceedings arising out of a tax driven investment program.
William C. McDowell | March 26, 2001
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Counsel to the applicant auditing firm in the successful application to enforce an indemnity provision in the audit engagement agreement.
Shara N. Roy & Brendan F. Morrison | March 25, 2001
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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
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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.
William C. McDowell & Lindsay Beck | March 16, 2001
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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
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Counsel to the plaintiffs, SCM Insurance Services Inc. and Cira Medical Services Inc., in an action for an Anton Piller order and an injunction restraining the sale of an independent medical examinations business.
William C. McDowell & Brendan F. Morrison | March 12, 2001
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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
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Counsel for defendants in a lengthy commercial trial involving claims for an interest in the Niagara Falls casino. Lenczner Slaght defeated a range of contract and conspiracy claims, including allegations of computer spoliation.
Ronald G. Slaght, Scott Rollwagen & J. Gwendolyn Ward | February 24, 2001
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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
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Counsel to a German-based nuclear energy company in an international commercial arbitration relating to a long-term uranium supply agreement.
Lawrence E. Thacker & Andrew Parley | February 16, 2001
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Counsel to the defendants in respect of an injunction brought by a competitor business.
Eli S. Lederman | January 30, 2001
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Counsel to the plaintiff in an action against offeree shareholders for breach of contract and fraudulent misrepresentation in relation to a multi-million dollar share purchase transaction.
Eli S. Lederman, Ian MacLeod & Grace Tsakas | January 29, 2001
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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
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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.
Eli S. Lederman | January 15, 2001
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Counsel to the plaintiffs in a proceeding relating to the termination of a services agreement with a mining exploration company. Successfully opposed a motion to stay the action on the grounds that the Ontario Superior Court of Justice lacked jurisdiction and that Ontario was not a convenient forum for the action.
Lawrence E. Thacker & Ian MacLeod | January 10, 2001
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Counsel to the successful plaintiff on a motion for an interlocutory injunction preventing former fiduciaries from unfairly competing with their former employer using confidential business information.
Matthew B. Lerner & Andrew Porter | January 8, 2001
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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.
Tom Curry & Paul-Erik Veel | December 24, 2000
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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.
Peter Griffin & Matthew Sammon | December 21, 2000
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Counsel to applicant in proceedings seeking declaratory relief for breach of a transportation contract.
Brian Kolenda | December 14, 2000
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Counsel to the applicant on an application (and on appeal) to enforce the provisions of a domestic contract alleged to contain a fundamental mistake as drafted by the respondent's solicitor.
Lawrence E. Thacker, Matthew B. Lerner & J. Gwendolyn Ward | December 11, 2000
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Counsel to plaintiff, British Energy Limited, in an action alleging negligence, breach of contract and breach of trust issues.
Lawrence E. Thacker, Andrew Parley & Ian MacLeod | December 3, 2000
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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.
Andrew Porter, J. Gwendolyn Ward & Christina Shiels-Singh | November 26, 2000
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Counsel in an application regarding the enforcement of restrictive covenants in a commercial agreement.
Dena N. Varah | October 18, 2000
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Counsel to the applicant on an application to interpret the rent provisions within two reciprocating commercial lease agreements.
Matthew B. Lerner | October 16, 2000
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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
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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.
Alan J. Lenczner & Lawrence E. Thacker | October 1, 2000
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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.
William C. McDowell & Monique Jilesen | September 26, 2000
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Counsel for the plaintiffs in a dispute relating to the departure of investment advisors. The defendants were alleged to be in breach of their fiduciary duties as well as various contractual post-employment covenants.
Matthew Sammon, Paul-Erik Veel & J. Gwendolyn Ward | September 21, 2000
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Counsel in the trial of an action on behalf of defendant franchisor with respect to an alleged breach of a franchise agreement relating to the renewal of the agreement for an additional term.
Jaan Lilles & Matthew B. Lerner | September 16, 2000
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Counsel to the Government of Canada in an action to set aside a trial judgment on the grounds of the fraud of the plaintiff in obtaining the judgment. Judgment successfully set aside at trial.
Ronald G. Slaght & Monique Jilesen | August 27, 2000
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Counsel to successful respondent on an appeal from a judgment finding breach of a fundamental term of a tenancy contract.
Jaan Lilles | August 19, 2000
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Counsel to the successful respondent in resisting a motion for an interlocutory injunction to shut down the respondent's business.
Eli S. Lederman & Andrew Parley | August 13, 2000
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Counsel in a successful trial and appeal on behalf of the plaintiff for wrongful dismissal and payment for shareholdings and options.
Dena N. Varah | July 17, 2000
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Counsel for the defendant on a motion for injunctive relief to prevent the defendant from soliciting and competing with customers of the plaintiff.
Lawrence E. Thacker | July 16, 2000
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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, Lynne McArdle, Monique Jilesen, Rebecca Jones, Brendan F. Morrison, Jenn Power, Laura Robinson & Grace Tsakas | July 12, 2000
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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
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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
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Counsel in an application for oppression by minority shareholders.
Dena N. Varah | June 23, 2000
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Counsel to the Government of Canada in a matter concerning the entitlement of public service unions to pension surpluses of approximately $18 billion. Successful at trial, where the Court dismissed trust, fiduciary duty and Charter claims.
Nina Bombier | June 12, 2000
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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
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Counsel for the defendants in a trial regarding an alleged negligent misrepresentation with respect to a commercial venture. Successful in defending the action.
Matthew Sammon | June 10, 2000
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Counsel to McDonald's in the successful trial of an action involving a claim of a breach of a lease.
Mark Veneziano | June 8, 2000
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Counsel in a successful defence at trial of an action against a discount broker involving options and futures trading.
Jaan Lilles | June 7, 2000
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Counsel for the plaintiff successful trial of an action by the Ice Gardens for breach of contract for failing to pay for naming rights.
Monique Jilesen | June 5, 2000
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Counsel for the plaintiff on a motion for injunctive relief enjoining defendant from using confidential information, competing with or soliciting employees from the plaintiff.
Alan J. Lenczner & Monique Jilesen | June 4, 2000
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Counsel for the defendant in an action for breach of a lease.
Monique Jilesen | May 30, 2000
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Counsel in an appeal concerning oppression remedy claims.
Tom Curry & Dena N. Varah | May 10, 2000
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Counsel to a defendant in an action relating to the exercise of a power of sale on a mortgage. Successful motion to set aside Anton Piller and Mareva injunctions.
Matthew Sammon | May 3, 2000
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Counsel to an individual in the successful defence of a contempt motion in a commercial dispute.
Rebecca Jones | May 1, 2000
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Counsel to an investment bank in high profile action for breach of fiduciary duty, wrongful solicitation of employees and corporate conspiracy.
Eli S. Lederman | April 27, 2000
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Counsel to the plaintiff in a real estate dispute. Successfully moved to register a certificate of pending litigation.
Matthew Sammon & Jaan Lilles | April 10, 2000
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Counsel to the successful plaintiff in a trial relating to a breach of contract regarding the construction of nursing homes in Ontario.
Matthew Sammon | April 6, 2000
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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.
Nina Bombier | April 4, 2000
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Counsel for the applicant in a successful application for a declaration that the applicant was the sole shareholder of a company.
Monique Jilesen | April 2, 2000
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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.
Nina Bombier | March 28, 2000
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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
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Counsel in an application for partition and sale of partnership property and a counter-application for a winding-up or for an auction and appraisal process to separate the partners. Successful in resisting the application and imposing an auction process.
Matthew Sammon | March 25, 2000
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Counsel in an appeal regarding the interpretation of a commercial lease.
Matthew Sammon | March 24, 2000
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Counsel in a proceeding opposing an injunction for breach of fiduciary duty and theft of confidential information.
Tom Curry | March 22, 2000
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Counsel to the defendant, the Alpha Group, in an action alleging breaches of contract, fiduciary duties and confidence involving the acquisition and operation of certain gold mines in Greece.
Alan J. Lenczner & Lawrence E. Thacker | March 16, 2000
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Counsel to a corporation in a negligent misrepresentation and breach of contract case in relation to a share purchase agreement.
Eli S. Lederman | February 22, 2000
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Counsel to a corporation in respect of an action for oppression regarding the redemption of shares under an employee and director stock option plan.
Eli S. Lederman | February 21, 2000
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Counsel in the trial of an action commenced against a director of Krispy Kreme Doughnuts for oppression and fraudulent misrepresentation.
Eli S. Lederman | February 20, 2000
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Counsel to a defendant in an action alleging receipt of fraudulently obtained funds, which included a motion and appeal relating to contempt of court.
Eli S. Lederman, Andrew Parley & Laura Robinson | February 17, 2000
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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.
Alan J. Lenczner & Lawrence E. Thacker | January 22, 2000
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Counsel to an opposing shareholder alleging oppression in a lengthy application, and on appeal in British Columbia, 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.
Peter Griffin & Lawrence E. Thacker | January 21, 2000
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Counsel to a contingent creditor who obtained an order effectively lifting the stay of proceedings in an application made under the CCAA to allow actions involving the applicant to proceed to trial.
Ronald G. Slaght, Eli S. Lederman & Ian MacLeod | January 12, 2000
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Trial counsel to the plaintiff landlord in a rent dispute with the defendant tenant. Successful at trial.
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Counsel to a successful employer respondent in a breach of contract dispute.
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