Selected cases

Lead associate (and subsequently retained as a consulting member) of the team acting for a syndicate of lenders and the Receiver of Philip Services in a certified class action against Deloitte & Touche to recover ~US$1 billion of losses suffered by our clients as a result of relying on Deloitte’s negligent misrepresentations in its audit reports on Philip’s financial statements (CIBC v. Deloitte & Touche, 2013 ONSC 917)

Brought and defended a series of urgent interlocutory injunction motions on behalf of a telecommunication company against their fiercest competitor under the misleading advertising provisions of the Competition Act and related torts (Bell Canada v. Rogers Communications Inc., 2009 CanLII 39481 (Sup. Ct. Jus.), Rogers Wireless v. Bell Canada, 2009 BCSC 1884, Bell Canada v. Rogers Communications Inc. et al., 2010 ONSC 2788, Bell Canada v. Rogers Communications Inc., 2010 ONSC 3010)

Assisted in negotiating a court-approved, with prejudice and without costs dismissal of a putative class action alleging that our clients, a car manufacturer and its US parent company, engaged in a price-fixing conspiracy with other auto manufacturers

Assisted in successfully resisting a motion to stay an arbitration under the ICAA commenced by our client, a satellite manufacturer, for millions of dollars of unpaid invoices

Obtained specific performance of an option to lease for a franchisor against an affiliate of its former franchisee (Midas Realty Corporation of Canada Inc. v. Galvic Investments, 2009 ONCA 84 (C.A.), aff'g 2008 CanLII 25063 (Sup. Ct. Jus.))

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Acted for an income fund, its trustees and the fund’s captive company in an urgent application for an order that the fund call a special meeting of unitholders to have them vote on a corporate transaction alleged to materially adversely affect their rights contrary to the trust indenture; the application raised novel issues in respect of the governance of insolvent public income trusts and the relative rights of unitholders and preference shareholders (Renegade Capital Corporation v. Dominion Citrus Limited, 2013 ONSC 1590)

Part of the team that represented the Premier and Province of Saskatchewan in BHP’s failed takeover of Potash Corporation of Saskatchewan Inc.

Obtained standing and represented an investor in an OSC proceeding that considered the obligations of the special committee and the board of a public company in a related party transaction to eliminate its dual share class structure and the ambit of the Commission’s public interest jurisdiction under s. 127 (Re Magna International Inc. (2010), 33 OSCB 6013 (O.S.C.))

Acted for investors who supported the company’s request for Court approval of a statutory plan of arrangement over the objections of activist institutional investors who unsuccessfully argued the transaction was not fair and reasonable (Magna International Inc. (Re), 2010 ONSC 4685 (Div. Ct.), aff'g 2010 ONSC 4123 (Sup. Ct. Jus.))

Acted for the CFO of a collapsed hedge fund in an OSC proceeding in which he was alleged to have failed to deal honestly with investors and to keep proper records, to have misled OSC investigative staff and acted contrary to the public interest

Acted for a trading supervisor accused of having, and ultimately found to have, failed to properly supervise his trader’s manipulative and deceptive trading; successfully argued that Staff’s suggested penalty of a one year supervisory prohibition and cumulative costs and fine of $121,000 was punitive and that a reprimand was sufficient (Re Bond et al. (June 4, 2007), DN 2007-003 (M.R.S. Inc. now IIROC) and (2007), 30 OSCB 5471 (M.R.S. Inc. now IIROC))

Acted pro bono on behalf of a respondent in one of the leading cases on the OSC’s disgorgement remedy, successfully convincing the Commission that it was appropriate to order that my client disgorge only the net amounts he actually obtained rather than, as mandated by precedent, the gross amount received (Re Sabourin et al. (2009), 32 O.S.C.B. 2707 (O.S.C.) and (2010), 33 O.S.C.B. 5299 O.S.C.))

Assisted in obtaining a 40% reduction in the penalties sought by Staff against a notorious and convicted insider trader who agreed that he had breached a cease trade order (Re Duic (2008), 31 O.S.C.B. 9541 (O.S.C.))

Member of the team that prosecuted an executive for insider trading and misleading corporate disclosure (R. v. Felderhof, 2007 ONCJ 345 (Ont. C.J.))

Negotiated settlements approved by an SRO (Re Mahamood Mohamed, 2012 CanLII 91997 (CA MFDAC); Re Lam, 2012 CanLII 69445 (CA MFDAC))

 

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