Cases

• Carras v Altus Group Limited

  Counsel to the Respondent real estate information software company in successfully opposing a former executive’s application for breach of contract in respect of the exercise of disputed stock options.

  Dena N. Varah & Christopher Trivisonno | May 1, 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 motion to strike an action brought by an employee of the Crown alleging discrimination and harassment on the basis that the Court lacked jurisdiction to hear the matter. The Crown successfully argued that the civil action arose out of an employment dispute under a collective agreement and should therefore be heard by a labour arbitrator or the Human Rights Tribunal of Ontario.

  Tom Curry, Rebecca Jones & Delna Contractor | March 1, 2020
• 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
• Cambridge Elevating v Niagara Belco

  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
• Ravago Americas LLC v Vinmar International Ltd

  Counsel to the defendant employer in an action and injunction concerning allegations of the misuse of confidential information by a former employee.

  Matthew B. Lerner, Amy Sherrard & Derek Knoke | July 14, 2018
• PearTree Financial Services Ltd v Brownstein

  Counsel to PearTree Financial Services involving the unlawful use of confidential client information by a departing employee and former joint venture partner.

  Monique Jilesen & Laurel D. Hogg | November 17, 2017
• Warkentin v BMO Nesbitt Burns Inc

  Counsel to BMO Nesbitt Burns in the successful defence at trial of an action by a former investment advisor involving allegations of deceit and breach of contract.

  Mark Veneziano & Robert Trenker | July 6, 2016
• Canadian National Railway Company v Canadian Pacific Railway Company and Shnerer

  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
• 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
• RBC Dominion Securities Inc v Merrill Lynch Canada Inc

  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
• Thyssenkrupp Industrial Services Canada Inc v DBS Hearn Inc

  Counsel to employee defendants in an action alleging conspiracy and theft of confidential information.  Successfully opposed motion for injunctive relief.

  Mark Veneziano & Andrea Wheeler | July 27, 2001
• IMP Group Ltd v Skyservice Business Aviation Inc

  Counsel to a group of employees in a dispute with their former employer in relation to their resignations and subsequent employment with another company.

  Risa M. Kirshblum | March 27, 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
• Polar Wireless Corporation v Roberts

  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
• Rowley v High Strength Plates &Profiles Inc

  Counsel to the defendant in a wrongful dismissal proceeding. The defendant was successful in resisting plaintiff's allegations of constructive dismissal.

  Matthew Sammon & Brendan F. Morrison | November 14, 2000
• Davies v Satellite Radio Inc

  Counsel for the plaintiff in a constructive dismissal trial.

  Matthew Sammon | September 22, 2000
• Mackie Research Capital Corporation v Mackie

  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
• Link v Venture Steel

  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
• 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
• Road Trailer Rentals Inc v Robinson

  Counsel to a defendant in an employment matter.  Successfully opposed a motion for an interlocutory injunction.

  Matthew Sammon | July 4, 2000
• Motion Picture Distribution Inc v Loewy

  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
• Wadsworth v RBC Dominion Securities

  Counsel to the defendants on a successful motion for summary judgment in an employment matter.  Counsel for the respondent on appeal.

  Matthew Sammon | May 11, 2000
• CIBC World Markets Inc v Genuity Capital Markets

  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
• Allen v Bosley Real Estate

  Counsel to the defendant in the trial of a wrongful dismissal action.

  Mark Veneziano | April 14, 2000
• Montreal Trust Co of Canada v Call-Net Enterprises Inc

  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
• Stevens v The Globe and Mail

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

  Risa M. Kirshblum | March 15, 2000
• Larry v Triple M Metal Inc

  Counsel for the defendant at trial of wrongful dismissal claim. Successfully defended claim for portion of profit sharing plan.

  Monique Jilesen | February 25, 2000
• Quarterback Transportation Inc v Clegg

  Counsel to the respondents (defendants) successfully resisting Quarterback’s motion for an interlocutory injunction seeking to enforce restrictive covenants and other post-employment obligations on several departing employees, and a competitor.

  Andrew Porter