Eliot Kolers

Eliot N. Kolers Partner

Representative Work
  • Canada Pension Plan Investment Board in proceedings involving the three shareholders of 407 International Inc. and the exercise by CPPIB of its right of first refusal to acquire 10.1% of 407 from SNC-Lavalin for over C$3 billion.
  • Ontario Securities Commission v. Omega Securities – opposed an application by Staff of the Ontario Securities Commission for a temporary order to cease trade and suspend its registration.
  • Ernst & Young Inc. v Essar Global Fund Ltd. – acted at trial and as respondent on appeal for Algoma in an oppression remedy claim brought against its parent company to challenge the sale of Algoma’s Port to an affiliated company.
  • Commissioner of Competition v. Hudson’s Bay Company – acting for Hudson’s Bay before the Competition Tribunal in defence of alleged advertising practices.
  • Kingsway Financial Services Inc. v. Kobex Capital Corp.  – acting for public company in defence of proxy contest and oppression claims in relation to shareholder rights plan.
  • 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.
  • North American Property v. First Capital Realty – acted for a property development company in relation to an injunction for breach of a joint venture agreement.
  • Genesis Land Development v. Smoothwater Capital Corp. –  acted for the special committee of the board of directors alleging “joint or in concert” activity under the Securities Act against dissident shareholders.
  • Barclays Bank PLC v. Metcalfe & Mansfield et al.  – represented Barclays at trial and on appeal in claims related to an unrestructured ABCP conduit trust.
  • Saputo Inc. v. Dare Holdings – represented Saputo in a challenge of a share valuation in a corporate buyout.
  • Commissioner of Competition v. Air Canada et al. – acted for Air Canada before the Competition Tribunal in relation to the proposed Canada-U.S. cross-border joint venture with United Continental Holdings.
  • Telezone Inc. v. The Attorney General for Canada – acted for plaintiff pursuing claims against crown relating to PCS Spectrum Award. Featured in The American Lawyer magazine's article "Canadian Big Suits", April 2011.
  • Patheon Inc. v. JLL Partners et al. – represented JLL Partners in Securities Commission and Court proceedings related to JLL Partners’ takeover bid for Patheon.
  • ProSys et al v. Infineon Technologies North America et al. – acting for defendant in class proceedings alleging price-fixing conspiracy in DRAM computer chips.
  • Longyear Canada v. 897173 Ontario Inc. – acted for Sandvik Canada in resisting an injunction to stop an acquisition.
  • Re Sterling Centrecorp – acted for management group in contested going-private transaction in proceedings before Ontario Securities Commission and Superior Court of Justice.
  • Greenlight v. MI Developments  – acted for Frank Stronach in defence of oppression remedy application and in resisting appeal.
  • Commissioner of Competition v. Air Canada – acted for Air Canada before the Competition Tribunal defending allegations of “abuse of dominant market position” under the Competition Act.
  • Canadian Footwear Specialists v. Converse Canada Inc. – acted at trial for defendant in obtaining dismissal of breach of confidence claim and breach of fiduciary duty claims.
  • Kentucky Fried Chicken Canada, a Division of Pepsi-Cola Canada Ltd. v. Scott’s Food Services Inc. and Scott’s Hospitality Inc. – acted at trial for plaintiff in breach of franchise case.