Recent Work
  • Livent Inc. (Receiver of) v. Deloitte & Touche - acting for Livent in substantial auditors' negligence claims at trial, court of appeal and Supreme Court of Canada.
  • British American Tobacco PLC in the C$10B action being brought by the Province of Alberta for recoupment of tobacco related health care costs pursuant to the Alberta Crown’s Right of Recovery Act.
  • Veolia Water Technologies, Inc. in its C$500M litigation with K+S Potash Canada General Partnership and Aecon Mining Construction Services surrounding the alleged failure of several crystallizer vessels manufactured by Veolia and installed at the K+S mine facility.
  • Home Capital Group Inc. in a proceeding by the Ontario Securities Commission and related securities class action alleging failure to comply with public disclosure obligations.
  • The TDL Group Corp. (Tim Hortons) in a successful summary judgment application against a franchisee for recovery of significant unpaid amounts owed to TDL.
  • Coburn and Watson’s Metropolitan Home v. Bank of America Corporation et al. – acting for CIBC in defence of a set of class actions brought against several banks and credit card companies in British Columbia, Ontario, Quebec, Alberta, and Saskatchewan alleging anti-competitive conduct with respect to fees paid by merchants for the acceptance of credit cards.
  • BP Canada in its C$1B litigation against Aux Sable Canada relating to a twenty year product supply agreement for natural gas and NGLs transported on the Alliance Pipeline.
  • Commissioner of Competition v. HarperCollins Publishers, LLC – defending the respondents to an application by the Commissioner of Competition before the Competition Tribunal alleging unlawful competitor collaboration in the market for e-books in Canada.
  • Altius Minerals Corporation in the defence of a C$1.6B claim relating to a coal lease option agreement.
  • Hudson’s Bay Company in a case brought by the Commissioner of Competition to the Competition Tribunal regarding marketing practices, alleging a breach by Hudson’s Bay of the “ordinary selling price provisions” of the Competition Act with respect to the advertising of the sale of mattresses.
  • Ontario Energy Board (OEB) in appeal to the Supreme Court of Canada restoring OEB’s decision to disallow rate recovery by Ontario Power Generation of C$145M in collective bargaining related costs.
  • Medtronic Inc., in relation to Covidien pelvic mesh, in the cross-Canada class actions (including in Ontario, Quebec, Alberta and Saskatchewan) and individual litigation.
  • Reference re Senate Reform – representing the Dean of the Canadian Senate in an historic reference regarding the constitutionality of proposals for Senate reform.
  • ARC Financial Corp. in litigation against Composite Technologies Inc. relating to allegations of misuse of confidential information relating to the manufacture of flexible composite pipe.
  • Ernst & Young et al v. Essar Global Fund Limited et al – acting for Algoma in oppression remedy proceedings against Algoma's affilliates.
  • ONOC Inc. v. United Hydrocarbon International Corp. – claim for lost opportunity in relation to oil and gas concessions in the Republic of Chad.
  • Eliot Shore v. Avid Life Media Inc. – defending Avid Life Media in class action relating to alleged privacy breach in connection with the hacking of the AshleyMadison.com website.
  • Osisko Mining Corporation in its challenge before the court of Goldcorp Inc.’s hostile take-over bid and in the ensuing C$3.9B sale to white knight Yamana Gold Inc. and Agnico-Eagle Mines Limited.
  • SNC-Lavalin Inc. v. ArcelorMittal Exploitation Minière Canada et al. v. BBA Inc. et al. - defending SNC-Lavalin Inc. in the matter of a C$533M counterclaim for allegedly grossly negligent EPCM services rendered in the context of a brownfield mining project in Northern Quebec.
  • Richard James Goodwin, et al. v. British Columbia (Superintendent of Motor Vehicles), et al., (Supreme Court of Canada) - co-counsel for the Insurance Bureau of Canada as intervener on the case dealing with the constitutionality of provincial road side breathalyzer laws.
  • 8811571 Canada Inc. v. Procureur Général du Québec et als. – acting for La Caisse de Dépôt et Placement du Québec, the province’s largest institutional investor in connection to a constitutional challenge regarding a C$6B public transit infrastructure project.
  • Hydro-Québec v. Churchill Falls (Labrador) Corp. - as co-counsel for the owner of a 5428 MW hydro power plant in lawsuits involving the modification of the multi-billion dollars Churchill Falls electricity contract (Supreme Court of Canada) and the interpretation of the renewal terms of the contract (Québec Court of Appeal).
  • Alstom Grid (now GE), and its insurer Axa/Intact with respect to losses sustained in connection with the work performed under a contract entered into with RioTintoAlcan for the supply and installation of the sub-station of RTA’s new technology AP60 Aluminium Smelter in Arvida.