Cases

• Janssen Inc v The Ministry of Health and Attorney General of Canada

  Counsel to the applicant Janssen Inc. in two applications for judicial review to the Federal Court addressing the interpretation and vires requirements for listing patents on the Patent Register under the Patented Medicines (Notice of Compliance) Regulations.

  Sana Halwani, Jordana Sanft, Allison Jandura & Christian Landeta | May 1, 2023
• Boyer v Callidus Capital Corporation

  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
• Contract Community Inc v Department of Public Works and Government Services

  Counsel to Public Works and Government Services Canada in successfully defending a procurement complaint before the Canadian International Trade Tribunal involving allegations of breach of trade agreements in the procurement of real property project management support services for Government of Canada projects in the National Capital Region.

  Brendan F. Morrison & Zachary Rosen | November 3, 2022
• Public Order Emergency Commission

  Counsel to Former Ottawa Police Chief Peter Sloly in a Judicial Inquiry into the circumstances that led to the declaration of emergency that was in place from February 14-23, 2022, and the measures taken for dealing with the emergency.

  Tom Curry, Rebecca Jones & Nikolas De Stefano | November 1, 2022
• Annapolis Group v Halifax Regional Municipality

  Counsel to the plaintiff in an action concerning alleged de facto expropriation, misfeasance in public office, and unjust enrichment relating to the plaintiff’s efforts to develop its lands within the Halifax Regional Municipality. Successfully represented the plaintiff at the Supreme Court of Canada with the Court clarifying the test for de facto expropriation and concluding that our client’s claim for de facto expropriation could proceed to trial.

  Peter Griffin, Rebecca Jones, Lars Brusven, Amy Sherrard, Jonathan McDaniel, Scott Rollwagen, Sarah Millar, Katie Glowach, Chloe Boubalos & Grace Tsakas | October 21, 2022
• Bilak et al v The Attorney General of Canada

  Application for Judicial Review challenging the decision of the Minister of Foreign Affairs of Canada to exempt turbines for the NordStream pipeline from Canada’s sanctions regime against Russia enacted following Russia’s invasion of Ukraine. The Minister’s exemption was cancelled following the commencement of the Judicial Review application.

  Monique Jilesen, Lidiya Yermakova, Katelyn Leonard & Solomiya Zakharchuk | July 1, 2022
• Starr v Crombie

  Counsel to the Mayor of Mississauga in various proceedings initiated by a former member of Council.

  William C. McDowell & David Salter | January 1, 2022
• City of Hamilton Judicial Inquiry

  Counsel to the City of Hamilton in a Judicial Inquiry into the Red Hill Valley Parkway.

  Eli S. Lederman, Sarah Millar, Jonathan Chen, Delna Contractor, Samantha Hale, Sahar Talebi, Nikolas De Stefano, Blerta Gjoci & Christina Shiels-Singh | January 1, 2022
• Anritsu Electronics Ltd v Department of Public Works and Government Services

  Counsel to the Government of Canada in successfully defending a proceeding before the Canadian International Trade Tribunal arising from the procurement of handheld spectrum analyzers for Innovation, Science and Economic Development Canada (ISED).

  Brendan F. Morrison & Jenn Power | December 1, 2021
• CTS Defence Inc v Department of Public Works and Government Services

  Counsel to Public Works and Government Services Canada in successfully defending a procurement complaint before the Canadian International Trade Tribunal involving allegations of breach of trade agreements in the procurement of leased aircraft and related services for the Department of National Defence.

  Zachary Rosen | August 27, 2021
• Leistritz Advanced Technologies Corp v Department of Public Works and Government Services

  Counsel to Public Works and Government Services Canada in successfully defending a procurement complaint before the Canadian International Trade Tribunal involving allegations of breach of trade agreements in the procurement of a high free volume twin-screw extruder for the National Research Council of Canada.

  Brendan F. Morrison & Zachary Rosen | July 21, 2021
• Bronson Consulting Group v Defence Construction Canada

  Counsel to Defence Construction Canada in successfully defending a procurement complaint before the Canadian International Trade Tribunal involving allegations of breach of trade agreements in the procurement of geospatial systems for use by the Department of National Defence.

  Brendan F. Morrison, Margaret Robbins & Zachary Rosen | May 7, 2021
• Weir-Jones Engineering Ltd and Weir-Jones Engineering Consultants Ltd v Department of Public Works and Government Services

  Counsel to Public Works and Government Services Canada in successfully defending a procurement complaint before the Canadian International Trade Tribunal involving allegations of patent and trademark infringement by Natural Resources Canada in respect of its early earthquake warning system.

  Brendan F. Morrison, Veronica C. Tsou, Margaret Robbins & Zachary Rosen | March 9, 2021
• Horizon Maritime Services Ltd / Heiltsuk Horizon Maritime Services Ltd v Department of Public Works and Government Services

  Counsel to the Attorney General of Canada in a successful series of judicial reviews arising from proceedings before the Canadian International Trade Tribunal over a procurement for towing vessels for the Canadian Coast Guard.

  Brendan F. Morrison & Zachary Rosen | February 1, 2021
• King v Gannage

  Counsel in the successful defense of a judicial review before the Divisional Court of a Health Professions Appeal and Review Board decision regarding a physician’s use of complementary/alternative medicine.

  Nina Bombier, Patrick A. Wright, Julia Flood & Tanya Rumo | January 5, 2021
• Marine Recycling Corporation and Canadian Maritime Engineering Ltd

  Counsel to Public Works and Government Services in respect of a complaint proceeding before the Canadian International Trade Tribunal arising out of a terminated contract for the disposal of a former marine vessel.

  Brendan F. Morrison, Margaret Robbins & Jenn Power | January 1, 2021
• 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
• The Manitoba Metis Federation v The Government of Manitoba et al

  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 & Adam H. Kanji | December 1, 2019
• Pennecon Hydraulic Systems v Department of Public Works and Government Services

  Counsel to Public Works and Government Services Canada in successfully defending a procurement complaint before the Canadian International Trade Tribunal involving allegations of breach of trade agreements in the procurement of cranes for the Royal Canadian Navy.

  Brendan F. Morrison & Zachary Rosen | September 4, 2019
• Town of Collingwood Judicial Inquiry

  Counsel to the Town of Collingwood in a Judicial Inquiry into the 50% share sale of Collingwood Utility Services Corporation to PowerStream Inc.

  William C. McDowell, Andrea Wheeler & Megan Bradt | June 1, 2019
• Busch-Vishniac v Wall

  Counsel to the plaintiff, the former President of the University of Saskatchewan, in a high-profile wrongful termination claim against her prior employer, the Board of the University and the then Premier of the Province and Minister responsible for post-secondary education.

  William C. McDowell, Andrew Parley & Margaret Robbins | January 1, 2019
• Inquiry of the Office of the Integrity Commissioner re: The Honourable Doug Ford, Premier of Ontario

  Counsel to senior public official summonsed as part of the Integrity Commissioner’s inquiry relating to the appointment of Ron Taverner as Commissioner of the Ontario Provincial Police.

  Tom Curry & Rebecca Jones | December 1, 2018
• 1544656 v Independent Electricity System Operator

  Counsel for IESO in a dispute relating to the interpretation of a feed-in-tariff program contract.

  Monique Jilesen, Andrea Wheeler & Jonathan McDaniel | July 1, 2018
• Irving Shipbuilding Inc v Attorney General of Canada and CSMG Inc

  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
• Long-Term Care Homes Public Inquiry

  Commission Counsel to the Public Inquiry into the safety and security of residents in the Long-Term Care Homes System.

  William C. McDowell, Rebecca Jones & Christina Shiels-Singh | February 5, 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
• ES v Joannou

  Counsel to a psychiatrist in an appeal raising the novel issue of the jurisdiction of the Consent and Capacity Board to grant remedies under the Charter of Rights and Freedoms.  Successfully responded to the appeal.

  Paul-Erik Veel & Danielle Glatt | August 17, 2017
• The Association of Justices of the Peace of Ontario v Ontario

  Counsel to the AJPO in a successful application for judicial review of the Ontario government's response to a judicial remuneration commission.  An interim order was obtained that stayed the implementation of certain changes to the benefits of the Justices of the Peace of Ontario pending the hearing of the application.

  Tom Curry, Scott Rollwagen, Mariam Moktar & Sam Johansen | June 19, 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
• Darnley v Thompson

  Counsel for Mayor of Caledon in an application brought pursuant to the Municipal Conflict of Interest Act, which resulted in all allegations being dismissed.

  Alan J. Lenczner, Andrew Parley & Kelly Hayden | May 26, 2015
• World Bank Group v Wallace

  Counsel to an international organization in an appeal at the Supreme Court of Canada relating to the immunities of international organizations in criminal proceedings.

  Alan J. Lenczner, Scott Rollwagen & Chris Kinnear Hunter | May 9, 2015
• College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v Federation of Ontario Traditional Chinese Medicine Association

  Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in an application and subsequent appeal against respondent organizations and individuals for declarations that the respondents breached the Regulated Health Professions Act.  Interim injunctions obtained against the respondents.

  Tom Curry, Jaan Lilles, Laura Robinson & Megan Bradt | March 2, 2015
• Marshall v Lakeridge Health Corporation

  Counsel to a physician in proceedings before the Human Rights tribunal relating to allegations of discrimination made against a physician, a hospital and the police on the grounds of a perceived disability.

  Anne E. Posno | December 1, 2013
• HMQ (Canada) v Canadian Transit Company

  Counsel to the Government of Canada in relation to litigation relating to the Detroit/Windsor transportation corridor and the new DRIC Bridge.

  William C. McDowell, Andrea Wheeler, Adam H. Kanji, Angela Hou & J. Gwendolyn Ward | July 29, 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
• City of Mississauga Judicial Inquiry

  Counsel to the Commissioner in the City of Mississauga Judicial Inquiry, an independent Judicial Inquiry tasked with investigating issues in connection with the acquisition by the City of Mississauga of land in the city centre and issues in connection with a shareholders agreement to which the City was a party.

  William C. McDowell & Ian MacLeod | November 7, 2012
• 407 ETR Concession Company v Ontario (Registrar of Motor Vehicles)

  Counsel to the 407 ETR in a successful judicial review application, in which the 407 ETR sought an order compelling the Registrar of Motor Vehicles to comply with his statutory duties concerning validation of vehicle permits.

  Tom Curry, Nina Bombier & Rebecca Jones | April 29, 2005
• DA v RH

  Counsel to optometrists in a successful review of a decision of the College of Optometrists of Ontario to issue written cautions, on the basis that the underlying provision of the professional misconduct regulation improperly restricted the members’ Charter rights to freedom of expression and freedom of association.

  Nina Bombier | August 4, 2001
• Canada Post Corporation v City of Hamilton

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

  Peter Griffin | June 8, 2001
• Ivanhoé Cambridge II Inc v The Regional Municipality of York

  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
• Ontario Power Authority

  Counsel to the Ontario Power Authority in relation to the review of the construction and relocation of two gas plants by the Ontario legislature's Standing Committee on Justice Policy.

  Tom Curry, Monique Jilesen, Andrew Parley & Christina Shiels-Singh | April 1, 2001
• College of Massage Therapists of Ontario v Stefanov

  Counsel to the College of Massage Therapists of Ontario in a prosecution of a member for professional misconduct under the Regulated Health Professions Act and the subsequent appeal to the Divisional Court.

  Jaan Lilles, Ian MacLeod & J. Gwendolyn Ward | March 9, 2001
• McCormick v Fasken Martineau Dumoulin

  Counsel to the interveners, Canada's six largest accounting firms, on an appeal before the Supreme Court of Canada over whether a partner is an employee of a partnership for the purposes of human rights legislation.

  Peter Griffin | March 1, 2001
• R v Sztejnmiler and Stoll

  Counsel to a bar owner charged with manslaughter arising in connection with a fatal highway accident after a patron's consumption of alcohol at the bar. The Crown alleged that the act of over-serving alcohol to the driver of the vehicle prior to the accident constituted criminal negligence causing death, notwithstanding that the accused was in no way involved in the act of driving. In a case which raised novel issues in the law of manslaughter, the accused was successfully discharged following a preliminary inquiry. The decision was upheld by the Superior Court of Justice.

  William C. McDowell & Paul-Erik Veel | February 7, 2001
• Niagara Escarpment Commission v The Joint Board

  Counsel for the successful respondent, Walker Aggregates Inc, in an application for judicial review of a decision of the Joint Board to grant conditional approval to Walker Aggregates to develop a quarry on land that falls within the Niagara Escarpment Plan area.

  Tom Curry & Ian MacLeod | February 4, 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
• Victorian Order of Nurses – Ontario v Central West Community Care and Access Corporation

  Counsel to the VON in a judicial review of the termination of a contract for nursing and personal support services.

  William C. McDowell | January 9, 2001
• Magder v Ford

  Counsel for Robert Ford, the former Mayor of Toronto, in application alleging breach of the Municipal Conflict of Interest Act.

  Alan J. Lenczner & Andrew Parley | January 5, 2001
• Bogner v Orangeville Police Services

  Counsel to the plaintiffs in an action alleging negligent investigation by the police.

  Rebecca Jones & Andrew Porter | December 31, 2000
• Li Preti v Compliance Audit Committee of the City of Toronto

  Counsel to electors in successful proceedings before the City of Toronto Compliance Audit Committee to commence a compliance audit of election campaign finances and prosecution of a former city councillor.

  Paul-Erik Veel | December 26, 2000
• R v Beitel

  Counsel to a physician in a successful Charter application to exclude evidence seized in contravention of the accused's right to be free from unreasonable search and seizure.  The application involved the application of constitutional principles to the search of internet service providers and psychiatric offices.

  Jaan Lilles & Paul-Erik Veel | October 14, 2000
• Kamal v Federation of Law Societies

  Counsel to the respondent Federation of Law Societies in an application under Ontario's Human Rights Code.

  William C. McDowell | September 29, 2000
• Inquest into the Death of Wayne Howard

  Counsel to three physicians at the Coroner's Inquest into the death of an inmate while in custody at the Central North Correctional Centre.

  Matthew B. Lerner | September 15, 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
• Commissioner, Ontario Provincial Police v MacDonald

  Counsel for Commissioner of the OPP in judicial review proceedings in the Divisional Court and Court of Appeal for Ontario relating to hearings under the Police Services Act.

  Tom Curry | September 6, 2000
• White v National Committee on Accreditation

  Counsel to the organization that assesses foreign law school graduates in a successful proceeding against allegations of discrimination on the basis of national origin.

  William C. McDowell | September 4, 2000
• Noble v York University

  Counsel to York University in a successful defence against a professor's allegations of discrimination and reprisal.

  William C. McDowell | August 30, 2000
• Canada v Granitile Inc

  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
• Kelly v Ontario

  Counsel for a physician in disciplinary proceedings.  Included an application for various relief on constitutional grounds and a constitutional challenge to a provision of the Regulated Health Professions Act.

  Matthew Sammon | July 15, 2000
• Airport Taxicab (Pearson Airport) Association v Toronto (City)

  Counsel in a proceeding relating to the validity of a new by-law regulating the licensing of taxis and limousines.  Successfully obtained interlocutory injunction prohibiting the City of Toronto from enforcing the by-law.

  Mark Veneziano | July 10, 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
• Law Society of Upper Canada v Canada (Attorney General)

  Counsel on a motion to authorize a Law Society of Upper Canada Investigator to seize evidence from the RCMP.  Raised issues of constitutional law.

  Tom Curry & Rebecca Jones | July 1, 2000
• Ontario (Racing Commission) v Hudon

  Counsel to the applicant in an application for judicial review from a decision of the Ontario Racing Commission concerning the admissibility of a confession.

  Tom Curry | June 28, 2000
• McDonald's Restaurants of Canada Ltd v The Corporation of the City of Toronto

  Counsel to the McDonald's in a successful appeal before the Ontario Municipal Board from the decision of Council for the City of Toronto to enact an Official Plan Amendment.

  Mark Veneziano | June 22, 2000
• Oakville (Town) v Birchgrove Estates Inc

  Counsel in an appeal of a decision of the Municipal Board rescinding appointment of a member of the Conservation Review Board to the Municipal Board and decision directing the Town to permit relocation of two heritage buildings.

  Alan J. Lenczner & Monique Jilesen | June 20, 2000
• Franklin v College of Physicians and Surgeons of Ontario

  Counsel to a physician in a judicial review application concerning the jurisdiction of the Discipline Committee of the College of Physicians and Surgeons of Ontario to order payment of costs in certain circumstances.

  Tom Curry | June 14, 2000
• Canada (Information Commissioner) v Canada (Minister of the Environment)

  Counsel to Ethyl Canada in an appeal to the Federal Court of Appeal regarding the interpretation of the Access to Information Act and cabinet document privilege.

  Matthew Sammon | March 31, 2000
• Brantford (City) v Montour

  Counsel as amicus to the Superior Court in an application brought by The Corporation of the City of Brantford for an interlocutory injunction to prevent work stoppages on municipal sites within the City, and a motion brought by the respondents, First Nations' individuals, seeking to set aside two by-laws passed by the applicant prohibiting the blockage and disruption.

  William C. McDowell & Monique Jilesen | February 6, 2000
• Corsica Developments Inc v Richmond Hill Naturalists

  Counsel to community organization on a request for review of an Ontario Municipal Board decision approving an Official Plan Amendment permitting residential development at the David Dunlap Observatory in Richmond Hill.

  Tom Curry | February 5, 2000
• Inquest into the Death of Lisa Shore

  Counsel to a physician at a Coroner's Inquest into the death of Lisa Shore caused by probable complex drug interaction leading to cardiac and respiratory arrest ruled as homicide.  First inquest finding of homicide in Ontario.

  Anne E. Posno | February 2, 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