Bennett Jones
ALBERTA
The Calgary office of Bennett Jones is its historical headquarters and, while its operations across Canada have blossomed (and includes another, smaller, office in Edmonton), the firm remains a consistent key legacy player in this particular city. “Bennett Jones used to have all the ‘A clients’ in the Calgary market and, while other firms have since moved in and clients have spread out more, Bennett Jones still hangs on to some exclusive relationships. They are a steady and meaningful presence in the market, still attract premium work and have great people. Even with the recent retirement of [former litigation stars] Ken [Lenz] and Chris [Simard] going to the bench, it’s still such a deep team.
Munaf Mohamed in particular attracts great clients.” Mohamed, a routinely acknowledged “trial warrior” who “doesn’t suffer fools,” led a multi-office team in representing a group of Saudi companies in advancing one of the largest fraud claims in Canada against a high-ranking former Minister of Cabinet in the former Saudi government who is alleged, along with a number of close family and friends, of embezzling a massive amount of money and moving it into various offshore havens and who, once stripped of his titles and position, fled to Canada. A worldwide freezing order has been obtained against the Minister, together with various other extraordinary orders. Another frequently championed trial lawyer,
Blair Yorke-Slader, acts as lead trial counsel for the owners of a building in downtown Calgary in which the tenant leased virtually all of the building under a lease that ran until 2031. After a workforce reduction the tenant sought to reduce its lease burden by claiming breach of lease because of the alleged presence of trace amounts of asbestos in the fireproofing, after which the tenant fled the building, terminated the lease, and sued for $70 million. Yorke-Slader’s client has countersued both the tenant and its Chinese parent company and guarantor for $500 million.
Bruce Mellett represented the Province of Alberta in its Reference case on the constitutional validity of the federal Impact Assessment Act also known as Bill C-69. Alberta's position was that the legislation was beyond Parliament's jurisdiction, as it purported to regulate projects and activities within areas of provincial jurisdiction and could make the ultimate decision over whether such activities would be approved as in the public interest. Alberta was successful before the Alberta Court of Appeal, after which Canada appealed to the Supreme Court of Canada, which dismissed the appeal in October 2023. “Bruce doesn’t get as much press and he doesn’t seek it, but he deserves it,” insists a peer. “You want dogged and rigorous work without the bluster? You go to him.” The firm’s younger members are also gaining traction. Ciara Mackey is one singled out by peers. “She’s in the opinions practice, and if I could have her work on every one of my files, I would. She writes how you think. She is the brains – you know you’re in good hands with her.”
ONTARIO
Bennett Jones’ entry into the Toronto market has proven “enormously successful,” with a deep stable of litigators that not only rivals that of its historic Alberta counterpart but also rivals that of many other of its more historically entrenched peers on Bay Street. It is also observed that “Bennett Jones is more specialized than a lot of other firms of its position,” with class actions, securities, intellectual property, competition and even environmental work part of the firm’s overall composition.
Dominique Hussey, a celebrated IP-focused partner, has made a swift ascent in profile, becoming the firm’s national managing partner over the past year. “For a woman of her vintage, that is a real milestone,” declares a peer. Primarily recognized and lauded for her class-actions prowess, Cheryl Woodin acted for Travelers Insurance Company of Canada/Dominion of Canada General Insurance Company as defendant in a common issues trial of business interruption insurance claims, brought on behalf of a putative nationwide class of business owners impacted by COVID-19 shutdowns. The June 2023 trial result was a decisive success for the defendants. One peer asserts, “Cheryl primarily does class actions but she also does trials – she’s a trial lawyer!” Another universally revered class action partner, Mike Eizenga, acted for the Canadian Hockey League, the Ontario Hockey League, the Western Hockey League, the Quebec Major Junior Hockey League, and the 60 major junior hockey teams operating within the leagues in a class action alleging abuse and hazing of players since the inception of the leagues in 1965, brought on behalf of a putative nationwide class of former and current major junior hockey players.
Jeffrey Leon is an esteemed figure who recently had the distinguished honor of being the president of the American College of Trial Lawyers, only the second Canadian to receive this achievement. Leon was selected to act as co-lead counsel to the Public Order Emergency Commission, which is undertaking public hearings related to the invocation of the Emergencies Act by the Canadian Federal Government in February 2022, in response to the "trucker convoy" protests that assembled on Parliament Hill and throughout downtown Ottawa, Canada and other protests at various locations in Canada.
Robert Staley, a securities-based partner with a reputation for a “cowboy” approach to trials, acts for an international hedge fund and its principal in a significant defamation claim concerning serious and false allegations of securities fraud, market manipulation and other illegal conduct.
BRITISH COLUMBIA
Bennett Jones is a relatively recent entry into the Vancouver market, which it has taken to with aplomb. “Bennett Jones has made inroads here, they have been very aggressive in their hiring,” ventures one local peer. “They pulled in some good people.” One such hire, David Gruber, is noted for his commercial litigation practice, which has also historically incorporated insolvency aspects, has been viewed by peers as a particularly plum score. Commercial litigator
Melanie Teetaert is also cheered as a particularly auspicious hire.
Blake Cassels & Graydon
ONTARIO
Blake Cassels & Graydon’s Toronto office has long been a dominant force in the city’s business community, servicing some of the largest and most recognized names on Bay Street. While it is often linked to financial institutions, the firm has of late exemplified been active in cases that exemplify a more diverse roster of clients. Notably, some of these cases have been spearheaded by younger partners.
Iris Fischer, a commercial litigator with a niche in the defamation and media capacities, represented the
Toronto Star and one of its reporters in an application to unseal the estate court files of a prominent Canadian philanthropist couple that was murdered. After succeeding for her client at the Ontario Court of Appeal, she triumphed once again at the Supreme Court of Canada in June 2021. Melanie Baird, who joined the firm from Lenczner Slaght along with
Andrew Skodyn (with whom she works in tandem with as well as on her own), has also quickly ascended the ranks, and yet is still considered underrated by some. “Blakes in Toronto is first-class,” declares a peer, “and Melanie in particular is a litigation standout. She drives a huge volume of work and is an exceptionally talented trial lawyer in intellectual property cases, class actions and commercial litigation generally. Although well regarded and highly ranked, her profile falls below exceptional contribution she makes to her firm and the litigation bar.” (Benchmark attempted to address this by bestowing the “Intellectual Property Litigator of the Year” award on Baird at the 2022 Benchmark Canada awards – ed.) Skodyn has also amassed his own fan base over the years, with one peer marveling, “It’s been fascinating to watch him blaze trails [at his former firms and his present one]."
QUÉBEC
The firm’s Montréal office scored a key young recruit in
Matthew Liben, a noted standout who the firm lured to its bench from Stikeman Elliott. A client raves on Liben’s behalf: “Matthew has done an excellent job in his thoroughness and ability to advocate on behalf of us thus far. I observed several examinations and was impressed by his ability to quickly redirect the questioning and make objections on behalf of our witnesses. His calm demeanor and ability to succinctly analyze the issues in front of many of our senior executives has been very valuable.”
Francis Rouleau, litigation group leader in Montréal, continues to represent Bell Canada and its affiliates as lead counsel in injunctive proceedings which called upon Québecor and its affiliates to restore the broadcast signal that Groupe TVA unlawfully interrupted during the Stanley Cup playoffs. Blakes succeeded in having the Court issue an injunctive order enjoining Groupe TVA to restore the broadcast signal to more than 425,000 Bell subscribers.
Claude Marseille and future star Ariane Bisaillon scored a big win for Hydro-Québec before the Supreme Court of Canada in 2020, securing a unanimous decision that allowed for the construction of a new transmission line. The Blakes pair was brought in on appeal to the Supreme Court and succeeded in reversing the Court of Appeal’s earlier denial of the client’s right to build on disputed lands across the province of Québec.
Simon Seida, who made partner in 2019, attends to a diverse practice, most recently attending to matters with a competition and class action element. Rouleau, Marseille and
Robert Torralbo have long been championed as litigation leaders by local peers, and continue to be, with one contemporary taking care to note, “These guys are still at the top of their game, primo litigators without a doubt.”
ALBERTA
Blakes’ Calgary office houses one of the community’s deepest litigation benches, all attending to the most high-stakes matters affecting the region’s volatile oil-and-gas industry. Ken Mills, a longtime leader of the litigation group in this office, is credited by several in the community for several successful strategic recruiting, enterprising and culture-fostering decisions. A local peer asserts, “Blakes did phenomenally well during the COVID downturn. They were hiring and growing when others were letting go. They have a good group of young people coming up who just naturally ‘get it.’”
David Tupper remains one of Calgary’s most active and in-demand partners. “David is someone I see on a lot of the big infrastructure work.” In one such example, Tupper represented Pembina Pipeline Corporation in a shareholder dispute, in which he triumphed in August 2021. Tupper provided counsel to Nexen Energy ULC arising from a 2015 pipeline spill in Northern Alberta.
Dalton McGrath, along with future star Michael O’Brien successfully represented ENMAX Energy Corporation in connection with a CAD $120 million dispute concerning the existence of transmission lines and towers located in downtown Calgary that serve millions of customers against a private landowner. Mark Morrison, one of the only bona fide white-collar crime practitioners in the province, was selected as the Compliance Monitor for SNC-Lavalin for a three-year term as part of its recent conviction and $280 million fine arising from fraud and bribery in Libya.
BRITISH COLUMBIA
In Vancouver, peers point to securities star Sean Boyle as “someone who is doing some fairly novel and sophisticated work for BC and at the same time really hustling to get more of it. He has done a great job of getting his own name out there while also building the team.” Alexandra Luchenko is another swiftly risen star who is making waves in the white-collar criminal world. “Alex is a certified fraud examiner,” notes one peer, “and she is coming up huge in the criminal side of things.” Another peer raves, “Alex is awesome. She is smart, super hard-working and has the ability to cut through the morass and get to the nub of it. She’s efficient and doesn’t waste time with petty things.” The pair of Boyle and Luchenko act for Detona Capital in proceedings commenced in January 2019 by the British Columbia Securities Commission and Alberta Securities Commission against over 60 respondents styled as the Bridgemark Group relating to an alleged cheque swamp scheme in excess of $50 million. Blakes, along with other law firms, have filed a Notice of Constitutional Question, alleging illegal search and seizure of the Parties’ bank accounts and challenging the constitutionality of the Freeze Order provisions of the Securities Act. The investigation continues with document discovery and compelled interviews taking place. Issues surrounding sealing order and the intersection of a class action are working through the court of appeal with applications being made to the Supreme Court of Canada. Joe McArthur is also beloved by many in the community, with one peer going so far as to call him “just my favorite, so easy to deal with” and further opining “We could sure use more in the profession like Joe.” Another asserts, “Joe can do it all, but his sweet spot is arbitrations and in particular those that cross borders. He’s not only a leader in that regard but also kind of cornered a market.” It is also noted that
Laura Cundari has a “huge, and growing, arbitration practice that deals with a lot of construction and infrastructure. She is also getting a ton of arbitrator appointments.”
Peers also commend Blakes for its class action practice, and in particular, the evident fostering of younger talent attending to these matters. “Younger Blakes lawyers are getting more involved in class actions, and clients welcome it,” testifies a peer. “They want to hire a top-tier firm but they don’t want to necessarily pay the rates of a more senior partner.” Illustrating the firm’s class-action capacity as well as its inter-office prowess, a multi-office team consisting of Toronto’s
Catherine Beagan-Flood and Nicole Henderson and Vancouver’s
Robin Reinertson represent TDL Group in litigation stemming from a published report regarding location data collected by the Tim Horton’s mobile app. The plaintiffs allege collection and use of geolocation data of consumers without proper disclosure or consent through the Tim Hortons, Burger King and Popeye’s Chicken mobile apps.
Borden Ladner Gervais
QUÉBEC
The Montréal office of Borden Ladner Gervais is identified by peers as “one of the strongest of a national firm in this city in what they do.” The “what they do” particularly references class actions, construction and insurance, all areas in which this office is said to have excelled. “BLG just has the sheer strength in numbers,” observes one Montréal peer. “They just have so many litigators that they can take on anything.
Karine Chenevert just got her Ad. E [lawyer emeritus of the Québec bar] two weeks ago [in October 2023]. She’s a young class action practitioner, she and [fellow class-action practitioner]
Anne Merminod are a formidable duo.” Another concurs, “BLG has done exceptionally well in class actions, with a new generation of people. Karine Chenevert and Anne Merminod are now lead counsel on these class actions. Anne is working on cases concerning opioids, and we also see Stephane Pitre working with Anne a lot.” Still another insists, “I have a case against Anne right now, so we’re fighting all the time, but I recognize talent when I see it.” Beyond these primary practice calling cards, Borden Ladner demonstrates strength in other areas. All-purpose trial lawyer
Mathieu Piché-Messier continues to be a perennial favorite among peers. A noted “fixer” and 2018 entrant into the American College of Trial Lawyers, Piché-Messier’s litigation palette covers a broad spectrum, with many of his most recent high-profile cases touching on “extraordinary remedies,” which have gained media interest. “Mathieu is still ‘the man’ over there,” asserts one peer, “which is extraordinary, as he’s still quite young! He can do it all, but especially injunctions, he’s the ‘the guy.’” The Montréal office also demonstrates talent development at an even younger scale. One peer testifies, “I’m having cases against all lawyers of BLG, and I would refer you specifically to
Hugo Saint Laurent. He was recently called to partner, and I think he deserves it. We’re involved in a case concerning the Montreal transit, related to a major project at the Societe Transport of Montreal involving the integration of a talent-management software. Hugo represents Bell Canada in this, and I think he’s doing a great job and is on the right path to victory.”
ONTARIO
Borden Ladner boasts twin-pillar coverage in Ontario, with offices in Toronto and Ottawa housing litigators attending to a number of specialty areas, including defamation and public law, municipal law and health law, in addition to its other key practices. “They restructured the group,” offers one peer, speaking to Borden Ladner’s Toronto office, “and have done a great job cornering the market on some niche areas.” In the health group,
Mary Lynn Gleason is praised as “really strategic and smart,” by peers, one of whom notes, “She defends hospitals in malpractice claims and brings immediate credibility that she really wants to do the right thing.”
Nadia Effendi is routinely cheered as “such a versatile and dynamic court presence” by her contemporaries. “She came up under [celebrated Ottawa-based BLG senior partner] Guy Pratte and got great experience to the point where she is now leading the charge.” Effendi’s practice touches on multiple capacities, with public law noted as the most prominent standout. “Nadia is bilingual and very convincing, which is extremely helpful in the constitutional and human rights cases she gets involved in and wins!” Hugh Meighen is identified as “someone who hits that ‘BLG sweet spot’ of arbitration and construction, and he has made his mark in this area at a fairly young age.” The firm’s insurance practice is on display in both of its Ontario offices. “We see them when we’re doing bond claims because they act for sureties,” confirms one peer. “I see
Andrew Punzo in this surety space and I also see James MacLellan quite often and think very highly of him.”
BRITISH COLUMBIA
Borden Ladner’s Vancouver office continues to generate acclaim from local peers, primarily in practice areas concerning class actions and arbitration. “BLG is really strong on the arbitration side of things,” declares a peer. “I think they’ve done something like 50,000 hours of international arbitration just across the firm, and that doesn’t count domestic, which I think they do even more of than international.” Speaking to individual practitioners, peers note “Rob Deane is doing a lot of high-level arbitration and appellate work. I also see a lot of
Craig Chiasson.” In the class-actions capacity, Brad Dixon remains “a force,” although peers also note that “Michelle Maniago is ready to step up, and I think we’ll see her on more lead counsel roles.” The class actions group attends to matters involving product liability, competition, banking and, increasingly, privacy. “BLG was involved in a case concerning a company that was subject to a cyber-attack in 2020, and they won a big case for Electronic Arts concerning ‘loot boxes’ (games of chance within video games)!” Sarah McEachern, the regional head of commercial and construction litigation, is also identified as “another player who hits that key intersection of arbitration and construction that BLG is so well known for.”
ALBERTA
Borden Ladner’s Calgary office is yet another example of the firm’s muscle in the construction practice, unsurprisingly largely dedicated to the oil-and-gas industry that has long defined the city’s economy.
Trish Morrison is the torch bearer in this area in light of the recent retirement of construction luminary Jeff Vallis. “They are doing a lot of renewable energy cases,” observes a peer. “Contractors are claiming for extras, and owners are fighting back with millions of dollars of liquidated values.” One example is the firm’s case for LNG concerning a pipeline pumping gas to British Columbia, in which the client has a vested interest in the costs of the project, which went from $5 billion to $14 billion. Andrew Pozzobon makes his debut as a future star in this edition. “He’s someone you should keep your eye on,” advises a peer. “He is working [with fellow Calgary partner
Karen Salmon] on a case for Shoal Point Energy on a $550 million claim where the government of Newfoundland allegedly expropriated the client’s rights.”
Davies Ward Phillips & Vineberg
Through its offices in Toronto and Montréal, Davies Ward Phillips & Vineberg maintains a dominant position in the eastern half of Canada, with a litigation bench distributed evenly among both offices that is composed of a healthy generational spread of seasoned partners and up-and-comers, all imbued with a hard-charging approach to litigation. Peers regularly reference the firm as being one of the strongest and most balanced in terms of litigation horsepower at a firm that is not exclusively dedicated to litigation. “Davies remains one of the most consistently strong group of litigators. They’re always at the very front of the pack.” Clients meanwhile turn out in force to voice their appreciation for the firm. One cheers the Davies team as “incredibly responsive, with a very quick and thorough grasp of the issues to resolve” and specifically addresses the “excellent and rigorous legal analysis and attention to detail.” Another client notes, “The representations prepared [for us] addressed the issues in depth, and they were delivered within the agreed deadline and mostly on budget.” Still another offers in summation, “I have worked with almost all of the leading Canadian dispute resolution firms. Davies is in the highest grouping.”
In the Toronto office, all-purpose trial lawyer Kent Thomson is a towering figure. Respected as a tireless, dogged worker and a dynamic courtroom presence, Thomson has the support from both peers and clients. Thomson, along with Derek Ricci, is acting for TransAlta Corporation in defending an oppression action brought by a minority shareholder. This $750 million dispute was commenced after a Davies team successfully defended TransAlta in connection with “public interest” proceedings initiated against TransAlta by Mangrove Partners before the Ontario Securities Commission and Alberta Securities Commission. Michael Lubetsky is also part of this team and is a debut future star who is generating a notable groundswell of peer and client review on his own. “Michael Lubetsky was spectacularly diligent and thorough, particularly given the
pro bono nature of the mandate [he led for us],” testifies one client. “He and the Davies team left no stone unturned and presented well-researched and creative arguments to the court.” Lubetsky is also working with Andrea Burke and Sandra Forbes in acting for McKesson in a proposed class action brought by the Province of British Columbia on behalf of all Canadian provincial governments, as well as the Federal government, against manufacturers and distributors of opioids seeking to recover health care costs related to the opioid crisis. Ricci meanwhile is also acting for Giant Tiger in the defense of numerous class proceedings commenced in jurisdictions across Canada relating to alleged price-fixing of commercial bread products in Canada at the wholesale and retail levels. Acting with Ricci is Chantelle Cseh, a swiftly risen former future star who is making her impactful presence felt in the market. “Chantelle Cseh is the pride of Barrie [Ontario],” enthuses one peer. “She is someone I’ve done a boatload of work with and she’s an absolute pleasure to do business with, an extraordinary lawyer.” Cseh is acting as counsel for the appellants, the Estate Trustees of Barry and Honey Sherman, in the high-profile appeal to the Supreme Court of Canada against the Toronto Star and its Chief Investigative Reporter in a matter concerning a sealing order obtained by the Estate Trustees which restricts public access to materials filed in connection with the administration of the Shermans’ estates. Cseh and Matthew Milne-Smith acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning the applicability of arbitration clauses to class actions on Ontario. The plaintiff is an Uber driver who asserts that he is an employee entitled to the protections of the Employment Standards Act. However, at the time that he signed up to be an Uber driver, he entered into an agreement that stated that he was an independent contractor and not an employee, and that any disputes relating to the agreement were to be resolved by way of arbitration. The Supreme Court found that Uber’s Canadian arbitration clauses were unconscionable and invalid. The client intervened in the appeal to assert the importance of holding parties to their commercial bargains.
The Montréal team has been equally busy with its own unique mix of cases across several disciplines. The insolvency group has seen a particularly pronounced level of activity this year. “Davies has had a huge run lately in acting for debtor companies,” attests a peer. “Just taking a look at the numbers for this year it has been them [leading these matters] very often. Particularly out of Montréal because a ton of the retail filings this year have been there.” Denis Ferland is acting as counsel for The Pallinghurst Group, a global metals and mining industry investor, in its proposed equity investment of up to $600 million in Nemaska Lithium to help fund Nemaska’s Whabouchi project in Québec. The transactions involve the first reverse vesting order approved by a Canadian court in the face of active opposition from certain creditors. Leon Moubayed, a “young but very experienced” partner with a white-collar crime specialty, successfully acted for a franchisee in his defense to a prosecution regarding tax-related charges. This prosecution was a test case in a major investigation of computer products franchisees led by the Québec Revenue Agency and the Sûreté du Québec,the provincial police. Moubayed successfully challenged the disclosure of the evidence by the public prosecutors, obtaining a precedent-setting decision in December 2019, and also successfully argued and obtained a judgment from the Court of Québec concluding that the prosecution infringed the client’s right to be tried within a reasonable time and, as a result, ordered a stay of proceedings and charges. Nick Rodrigo, a class-action authority, is acting for US-based Epic Games and its Canadian subsidiary in relation to a proposed class action by users of the popular video game Fortnite. In a class action that is the first of its kind in Canada, the plaintiffs allege that Epic Games intentionally designed Fortnite to be psychologically addictive, leading to uncontrollable and compulsive behavior in players of the game. In addition, the plaintiff complains that the system of in-game purchases is designed to exploit this addiction and represents a form of illegal advertising to children prohibited under the Québec Consumer Protection Act. Guy du Pont, a seasoned trial lawyer and universally revered figure in the Montréal legal community, continues to pursue his agenda of pursuing cases with a tax element.
Fasken
BRITISH COLUMBIA
The Vancouver office of Fasken is widely viewed by peers as home to one of the strongest litigation teams in the city, and indeed one within a big national firm rather than a litigation boutique. “We regularly see someone from Fasken on files, you would have to work pretty hard not to,” confirms one peer. Sadly, the firm had to weather the loss of Mark Andrews, a senior litigation partner of considerable stature, whose unfortunate passing was felt by all in the Vancouver legal community. Even a loss this major, however, did not come as a devastating blow to the team’s collective strength. “Fasken has some of the broadest litigation reach in town,” confirms one local peer. “They have a really deep pool, with talent all across the generations.” Indeed, Geoff Cowper remains a formidable senior figure, with a practice that spans major arbitrations as well as trials. On the younger end of the spectrum, Gavin Cameron led a team representing DP World Prince Rupert in a Fisheries Act prosecution in relation to a port expansion project in Prince Rupert. The Crown laid 10 charges against the defendants, primarily for alleged breaches of conditions under the Fisheries Act Authorization obtained for the Project. Cameron is recognized by peers as “one of the best guys of our vintage in town,” with one confirming, “He would be on every shortlist. [He is as] Smart as they come but doesn’t mind rolling around in the ditch to get something done.” Tracey Cohen, a commercial litigator with a diverse practice, is touted as “one of the most quickly escalating presences in the province,” with one peer noting, “Tracey has a flair for making a client feel very cared for and protected, and if you’re against her, she can be ferocious and tough as nails.” Another competitor calls Cohen “a real leader in the business these days. She has really worked her way to the top.” Cohen represents Eastern Platinum Limited and its subsidiaries in an action commenced by them in the British Columbia Supreme Court against the former officers and directors of the companies as a result of questionable payments pursuant to a change of control of the board that occurred in 2016. Andrew Nathanson also continues to draw praise from the Vancouver legal community on a near-unanimous basis for a multi-faceted practice that blends elements of commercial litigation and white-collar crime.
ONTARIO
Fasken’s Toronto office is host to an equally diverse range of litigation practices, with class actions taking an undeniably central position. In this capacity, Steven Rosenhek has developed a niche practice of his own, with several class actions for automotive entities. Rosenhek is representing Kia Canada and its parent and affiliates in the context of a class action/motion for authorization to institute a class action in Ontario and Québec on behalf of a class of consumers who own or lease Kia models equipped with a panoramic sunroof based on allegations of design and manufacturing defects. Sarah Armstrong leads a team that represents Capital One in three separate CAD$20 million individual claims arising out of a data breach which was publicly disclosed by Capital One in July 2019. Vera Toppings is also making her mark in the class actions world but also beyond this practice. “Fasken has had an uptick on the more sophisticated side of financial work, with David Hausman and
Vera Toppings showing up more,” confirms a peer. The firm’s Ontario footprint also extends to Ottawa, where Peter Mantas juggles a bucket of work that touches on administrative law, appeals and white-collar crime work.
QUÉBEC
Fasken’s Montréal office had to weather the recent loss of product liability figurehead Martin Sheehan to the bench, but it has quickly moved to make the strategic hire of Sebastien Richemont from his former post at litigation powerhouse Woods. Richemont is representing XTL Transport, a family business, and its founder against a claim for an oppression remedy and damages for an aggregate amount in excess of $71 million instituted by the daughter of XTL’s founder. Frédéric Gilbert is a commercial litigator who has developed a noteworthy niche in franchise law. He represented the franchise Modern Cleaning Concepts at the Supreme Court of Canada in such a dispute, seeking to reverse an earlier unfavorable decision at the Québec Court of Appeal. “Frédéric is emblematic of the future of commercial litigators,” asserts one peer. Peers are also quick to point out “Noah Boudreau is doing a lot of the heavy lifting over there these days. You’re seeing a lot more of him and he deserves more notice. He took over a good part of Martin Sheehan’s practice.” Alain Reindeau leads a team that successfully represented Transat, a Canadian airline and tourism public company, in the heavily disputed battle for the sale of the company. Eric Simard is part of a team acting for Areva Est Canada and Orano Mining in an action to annul two agreements of a value of more than C$50 million with respect to the sale of shares of a uranium entity following the discovery that one of Orano’s employees involved in the negotiation of the agreements illegally received a substantial amount of over C$17 million.
ALBERTA
The Calgary office, while smaller than the others, is in growth mode. The recent hire of Darren Reed, a commercial lawyer formerly with Blake Cassels & Graydon and JSS Barristers before that, is cheered by peers as “a fantastic recruit. Darren has that great combination of young energy and years of experience being seasoned at two other great litigation shops.” Peers also advise, “Pay more attention to Karen Wyke, she is a fierce litigator doing some big cases that people are sort of watching at the moment. She is doing a giant arbitration for an Italian client.” Gulu Punia and Arif Chowdhury represent Mac’s Convenience Stores in a lawsuit whereby the plaintiff seeks over CAD$24 million in damages on the basis of a disputed right of first refusal clause in an ATM services agreement.
Lawson Lundell
BRITISH COLUMBIA
Lawson Lundell’s BC operations span offices in Vancouver and two locations in Kelowna. The Vancouver office houses one of the city’s largest and most comprehensive litigation benches, composed of lawyers attending to a diverse array of practices encompassing several specialties – particularly, aboriginal law, energy and resource law, and labor and employment – in which the firm has long held dominant positions. “They are excellent lawyers - they are detailed but able to provide concise advice,” testifies an appreciative client. Keith Bergner, who elicits unwavering peer support as an authority in the aboriginal law community, provides counsel the Province of British Columbia in several matters, including one in which the plaintiff First Nations commenced litigation in 2014 seeking a declaration of Aboriginal title to certain lands in Richmond, British Columbia and adjacent lands under the Fraser River, much of which is highly developed and home to various industrial, commercial, recreational and residential developments. Bergner took this case over from the Province’s in-house counsel, and concluded written and oral argument in November 2023.
Craig Ferrisand Mark Fancourt-Smith represent BC Hydro in a construction issue, valued between $10 and $30 million, relating to the structural integrity of the Big Bend substation in Burnaby as a result of a berm along the Fraser River approved by the City of Burnaby and installed by Canada Lands Corporation. Ferris, an all-purpose trial lawyer, garners unanimous acclaim from all familiar with him, and Fancourt-Smith is also developing a loyal following of his own. “Mark is an excellent problem-solver and all-around great lawyer,” raves a client. “His customer service is fantastic, his knowledge of his practice area is outstanding, his ability to strategize and come up with creative solutions is exceptional, and his ability to communicate complex subjects and distill them into layman's terms is a great trait. I would highly recommend Mark to anyone and have full confidence in his advice and his representations.”
Marko Vesely represents Orion Fund JV Limited in a cross-border dispute to recover USD$38 million from defendants, based in Peru, concerning a mine that went into receivership allegedly as a direct result of the defendants’ failure to pay the purchase price for shares in a restructuring transaction. Clara Ferguson, who attends primarily to energy and regulatory law, as cheered by a client as “exceptionally smart, very knowledgeable about her area and willing to work to understand if she is not. She is practical and able to see pathways through complex issues.” Lawson’s labor and employment practice, helmed by
Robert Sider and Nicole Skuggedal, is also addressed as one of Vancouver’s strongest. “Rob Sider is a pleasure to deal, which you can’t for granted in this field of law,” remarks a peer. A client addresses Skuggedal as “practical and responsive,” noting, “[She] provides excellent advice and counsel.”
ALBERTA
Lawson Lundell’s Calgary location is newer and smaller than it’s Vancouver flagship, although not by much. The team in this office was recently amplified by a group that decamped from a provincial firm and have acted with aplomb on establishing Lawson as a meaningful market presence on the strength of some key institutional relationships. “That group quickly entrenched itself in this city and came into their own,” observes a peer. Chief among these is
Mike Donaldson, who “has really done well with managing that important TransAlta work.” Among several other mandates, Donaldson represents this client in an administrative law case concerning an agreement with the Province of Alberta in 2016 in which it agreed to shut down its coal plants before their end of life in exchange for $40 million in transition payments. The Province then passed a property tax regulation that prohibits anyone who is a party to such an agreement from claiming certain types of depreciation deductions. TransAlta challenged the regulation as discriminatory and unlawful.
Shannon Wray and Shailaz Dhalla act for TransAlta in another matter concerning the client’s entitlement to its proportionate decommissioning costs on two properties pursuant to the Power Purchase Arrangements Regulation. The client seeks to recover $75million by way of a final order from the Alberta Utilities Commission for forecasted decommissioning costs. Wray is championed by one client as “an absolute pleasure to work with and well informed about the business and the law.” Another asserts, “Shannon provides excellent advice, knowledgeable and timely responses, and advice that takes business considerations into account.”
Shannon Hayes is also a client favorite. “She is extremely knowledgeable about litigation processes in Alberta and always provides practical advice and risk assessments. She always keeps us informed of progress and provides options for steps to take in litigation.” Two younger stars, Alexis Teasdale and
Jonathan Selnes, are also developing a strong local following. One contemporary quips, “If you’ll pardon my language, Alexis and Jon work their asses off and are so good. They
must be recognized more!”
McCarthy Tétrault
Miller Thomson
ONTARIO
Miller Thomson stands out in Ontario for the diversity of its bench, its clients and its work, which spans a greater variety than that of many other firms, particularly those that are Toronto-centric. “Miller Thomson has an unusual model,” observes a local peer. “They are one of the biggest firms in Canada and cover almost every province. They have grown aggressively but have done so in a smart way. They do work that other firms don’t do, like insurance defense and family law.” Another peer notes, “Their [Toronto] commercial litigation team is quite deep, something like 15 partners, a lot of whom didn’t grow up in big firms. They’ll be on everything from public company disputes, mid- to high-end shareholder disputes. They actually do more trial work than more ‘Bay Street’-centric firms because they do work for more mid-tier entrepreneurial entities who have done well and so by nature are more litigious. They have toughed it out, they’re not going to be pushed around and get screwed. They are willing to fight over principles.” One such satisfied client addresses Miller Thomson as, “A terrific business law shop that is building significant bench strength in various areas. They are professional, and the lawyers we dealt with understand First Nations issues very well.” The firm is one of the few national entities whose strategic expansion has focused on developing bench strength in areas of Ontario such as London and the Waterloo Region, to the point where its concentration of litigators there is as dense as it is in Toronto.
Adam Stephens is namechecked by a peer as a “very good and able lawyer, particularly in shareholders’ rights cases.” Stephens also acts as the chair of the firm’s litigation group nationally. Also in Toronto, Kelly Charlebois acts almost exclusively on behalf of high-net-worth individuals in her trust-and-estates litigation, and area in which Miller Thomson maintains almost national-level niche. Toronto future star Eric Sherkin attends to a practice that balances commercial litigation with insolvency, defamation and professional negligence work. Sherkin acts for the plaintiffs on a claim for oppression and breach of contract. The plaintiffs claim there was an agreement to create a jointly owned company for purposes of pursuing certain opportunities, and that the defendants have improperly appropriated the opportunities to themselves.
Bobby Sachdeva, co-lead of the commercial litigation group, is championed by a peer for his “appropriate aggressiveness tempered by manners. There are so many proverbial assholes out there – no thank you! Give me someone more like Bobby Sachdeva to work with.” James Zibarras – Miller Thomson – in the FRAUD world, he might fly under the radar because frankly I don’t think he really seeks the fame and recognition, but he certainly knows a lot about the world of Mareva injunctions and fraud. Another peer asserts, “James Zibarras is great in the fraud world. He might fly under the radar because frankly I don’t think he really seeks the fame and recognition, but he certainly knows a lot about the world of Mareva injunctions and fraud.”
QUEBEC
Like its Ontario counterparts, Miller Thomson’s Montréal office is recognized for a broad range of litigation practices, several of which it is said to have “cornered a market” on.
Fadi Amine, managing partner of this office and is a celebrated class-actions based partner, generates considerable acclaim. A peer confirms, “Fadi is on the opioids class actions. He's great!”
Adina Georgescu is the head of the administrative law group and is active in expropriation, environmental and energy matters. “She has major class actions in environmental law,” confirms a peer. “She’s in a nuisance lawsuit in Brossard on the South Shore.” Stephane Trihey, a commercial litigation generalist, acts on a matter concerning the annulment of a will of Dickie Moore, the late Canadian hockey player who was also ran a successful construction equipment leasing business. Trihey represents the trustee and liquidator of Moore’s estate. Claudia Desjardins Bélisleis part of the Montréal office’s labor and employment group, a group that is said to “actually go[es] to court more often than many litigators! They act in front of many civil courts but also many administrative tribunals.”
Yves Robillard, an all-purpose commercial litigator whose practice emphasizes shareholder’s disputes, is another community favorite. “He’s doing quite well on a case I have with him right now,” testifies a peer, who then concedes humorously, “OK, he’s kicking my ass, if I’m being honest.”
Osler Hoskin & Harcourt
ONTARIO
Osler’s Toronto office is its center of corporate activity and its litigators are a hit with clients. One commends the firm’s “team approach; appropriate billing rate for task; appreciation of balance between legal and business risk; user friendly client service, and gender diversity.” Another asserts, “Osler’s team is superior to others in their written and oral advocacy, practical advice, and client service. [They are] Very methodical, detailed and strategic. [They provide] Excellent briefs, well-structured and articulate advocacy.” Larry Lowenstein, a seasoned commercial litigator and perennial favorite with peers and clients, represents the Bank of Montréal in class-action lawsuits commenced in five provinces alleging that Canada’s major banks, including the client, and two credit card companies conspired to fix the credit card fees charged to merchants. The Ontario action alone is valued at approximately $5 billion. Another championed partner, Laura Fric is defending BP in a securities class action arising from the Deepwater Horizon explosion. The plaintiff alleges the defendant made misrepresentations to Canadian investors prior to, and following, the explosion. “Laura has really come up over the years and deserves more notice,” insists a peer. “Right now, when I think of Osler’s class-action practice, she is the first name that comes to mind.” Adam Hirsh makes his debut as a future star in this edition of Benchmark Canada on the strength of his wide-ranging commercial practice that encompasses a host of specialties, including tax litigation, an area for which Osler is known to hold the premier position among other Bay Street firms. Hirsh has already dazzled several clients; one notes, “Adam was the engagement partner on our matter and was outstanding both in terms of his legal skills and his attention to detail in practical, business, and finance matters. He demonstrated patience, thoroughness, and determination in all aspects of his work.” Another goes as far as to assert, “Adam is an outstanding lawyer in that he not only knows the law, but also takes the time to understand all practical business and client issues. I’ve practiced for 38 years and there are few lawyers I’ve seen that have his complete skill set.”
QUÉBEC
Osler’s Montréal office has been notably in growth mode as of late. “Osler is coming back! They are building back up here in litigation with some smart hires,” observes a peer. The firm made a key strategic recruit to its Montréal office recently when it brought on Stéphane Eljarrat, a white-collar practitioner formerly with Davies Ward Phillips & Vineberg. Peers are united in their view that the recruit was a substantial one. “Stéphane is one of the few people in Montréal doing that kind of work at that level,” declares one peer. “In a typical year, he’d be off in India or Brazil.” Clients agree; One testifies, “Stéphane always provides sound advice, caters to the business needs and takes into account our reality. He provides prompt feedback and precise answers and just overall gives great service. He knows our business reality perfectly and is interested in it; he even participated in targeted training sessions for our internal clients.” More recently, the firm lured Celine Legendre to its bench from McCarthy Tétrault, an auspicious augmentation in the eyes of peers. “Her client contacts are phenomenal, and people love working with her,” opines one competitor. Legendre’s addition adds depth to a class-action practice previously chaired by Eric Prefontaine, himself a revered class action practitioner in the province and beyond. A peer raves, “Eric is actually called to the Paris bar! He’s just phenomenal.” Prefontaine represents Loop Industries in a national class action that was filed in October 2020 following the publication of a short-seller report, which alleges several issues with Loop’s technology, business model, and organization. The plaintiff alleges that Loop has therefore made misrepresentations to its investors and is responsible for the damages resulting from the decline in Loop’s stock price that followed the publication of the report at issue. Future star Alexandre Fallon is quickly gaining a devoted following. One competitor notes, “Alex is young but he’s asserting himself – he is taking the lead on some of the opioid litigation.” A highly appreciative client extols, “Alexandre is one of the most intelligent and brilliant persons I have dealt with. He is, by far, the best litigator in the Province of Québec.”
ALBERTA
Osler’s Calgary office is composed of a team that, while smaller than that of the eastern provinces, possesses “significant experience in issues related to building mega projects extending across various jurisdictions, especially, in the oil-and-gas mid-stream transportation industry,” according to a client. A peer confirms, “Oslers has become a very big player in the Alberta market.” Colin Feasby represents Alliance Canada Marketing and its various parent entities in the defense of a US $100 million claim brought by BP Canada seeking damages for breach of a contract for the shipping of gas on the Alliance Pipeline, which was slapped with a new tariff structure by the Canada Energy Regulator that allegedly adversely affected the fulfillment of the contract. Maureen Killoran is heralded for a “profile and presence in the market that is spectacular,” according to one peer, who elaborates, “She is more in demand than she has time for. She is getting called every day for the most challenging pipeline work in the province.” Killoran is spending an increasing amount of time in Vancouver, building out a burgeoning outpost for the firm in that city to attend to more of the cross-province pipeline work, but she is still viewed as one of Calgary’s most prominent energy players. She represents Canadian Natural Resources in issues involving contractual and account-billing practices relating to a processing and upgrader facility. Killoran and Melanie Gaston represent Williams Group and some related entities in a cross-border matter valued at $500 million regarding issues relating to a facility construction/purchase-and-sale agreement. On her own, Gaston represents the Town of Canmore regarding issues relating to development and municipal bylaw enforceability in the Town relating to various land-use restrictions.
Singleton Urquhart Reynolds Vogel
Founded as a construction boutique firm in 1982, Vancouver-based Singleton Urquhart amended its name and firmly established a second office in Toronto when it attracted Toronto construction luminaries Bruce Reynolds (who manages the Toronto office) and Sharon Vogel to its bench several years ago. The combined unit continues to gain traction and win the acclaim from clients in both markets. “The lawyers at Singleton are particularly good in construction and insurance matters,” testifies one such client. “They are very responsive, timely, provide solid work products, flexible and are able to overlay legal issues with a commercial lens. They are excellent at collaborating with us to develop defenses and strategies. They provide an exceptional level of service across all aspects.” Specifically, a peer notes, “They are familiar with dealing with claims and disputes in the P3 contract setting and are very thorough in their assessments.”
Reynolds and Vogel continue to command respect from the legal community. “Bruce is a subject matter expert in construction law,” emphasizes one client. “He is extremely knowledgeable and thorough. He is candid but extremely diplomatic. He is great at forming relationships and anticipating client needs.” On Vogel’s behalf, one client extols, “Sharon is extremely knowledgeable about the industry and provides excellent legal advice that is customized to her clients’ needs. She is able to provide a solid legal basis for her recommendations but also takes into consideration the interests of different commercial stakeholders to provide practical advice and fair advice. Sharon's vision, leadership and overall service is exemplary.” Speaking to Vogel’s leadership, another client beams, “She quickly grasps complex technical issues that are common on light-rail projects, she develops and recommends strategies to approach dispute resolution, she clearly sets out what is required from both sides, she delivers to aggressive timelines, delivers high quality documentation, identifies strong independent experts, arbitrators and mediators. All in a warm, friendly, and ‘part-of-the-family’-like manner. She ensures the entire organization is an absolute pleasure to work with.” Another client quips, “If Sharon could clone herself so that there were more of her, that would be excellent, but in place of doing that, she is mentoring and training a solid team of junior lawyers that are excelling in their own right.” As a testament to this, two younger members of the team, Jesse Gardner and
James Little, make the leap in this edition from future stars to full-fledged litigation stars. “James is responsive and has great attention to detail. He ensures that all of our needs are met in a timely, transparent manner,” declares one client. A peer speaks on Gardner’s behalf: “He’s as involved and active as anyone else in that group at this point.” A brand-new partner,
Cheryl Labiris, makes her debut as a future star in this edition. “Cheryl is able to assess complex issues and claims,” states a client. “She takes the time to review the documentation to understand all the details. She can meet tight timelines and make herself available for last-minute discussions. Cheryl is highly respected within the team and her input is always considered when determining a strategy.”
The team in Singleton Reynolds’ Vancouver office (now managed by
Mark Stacey) is cheered by a client as “excellent at communicating with the client, understanding our wants/needs and coming up with a good strategy to achieve the best outcomes.”
Stephen Berezowskyj is seeing his reputation gain momentum on an annual basis.
One local peer cheekily confides, “I’m super annoyed he won’t join us! His knowledge of and dedication to that intersection of insurance coverage and construction is really an enviable sweet spot.” A client calls Berezowskyj a “smart, effective, resolution-oriented lawyer.” David Edinger, whose practice encompasses niches such as entertainment law and labor and employment, also receives client accolades. “He is professional, hard-working, dedicated, and incredibly smart. He is well prepared and presents a fulsome approach in general.” Steve Vorbrodt makes his debut in this edition for his insurance-heavy commercial litigation acumen. “He's a sharp legal mind who thinks outside the box when defending our insureds,” testifies a client. “He's very creative from a legal perspective, he's very attentive and responsive, and he writes excellent reports.” Another commercial lawyer whose practice emphasizes insurance,
Dan Barber is building a client fan base offering vibrant review. One raves, “Dan is the epitome of the modern lawyer - approachable, knowledgeable, strategic, diligent, trustworthy. I'd make a joke about cloning himself, but the universe would implode if there were more than one of him!”
Smart & Biggar
Canada’s deepest and most renowned intellectual property-based legal entity, Smart & Biggar, has etched itself a dominant position in the country’s IP community, most notably in the capacity as true trial lawyers. One peer notes, “More often than not, these cases actually go to court! And Smart & Biggar has a pretty stellar record of winning at trial.” Another sums up the firm’s ethos with the declaration, “There are IP lawyers and there are IP litigators. Smart definitely qualifies for the latter designation.”
The firm is revered for its range of experience covering patents, trademarks and copyrights, each being areas in which the firm has secured some landmark wins. Its celebrated patent practice leans heavily on the pharmaceutical industry, but is far from limited to this area, with a diverse portfolio of patent victories concerning everything from polymers to hockey helmets. One peer confirms, “I’m actually on a case against them right concerning waterslides! They are litigating this hard.” Its trademark practice, meanwhile, has attracted a list of clients that reads like a “Who’s who” of household names. Historically boasting its deepest bench in Ontario, with practitioners of equal horsepower in its offices in Toronto and Ottawa, the firm has recently provided a substantial boost to its Montréal office, which has grown to nearly double the size of just a few years ago. The firm has also made a noted push into the Alberta market, luring one of Calgary’s only IP practitioners, Evan Nuttall, to its bench. Nuttall brings a unique focus on patents in the oil and gas market, although his practice is not limited to this area.
In one of the most substantial and hard-fought pieces of non-pharmaceutical-related patent litigation in Canada as of late, a firm team based in its Ottawa office scored a milestone victory for Dow Chemicals in November 2022 when the Supreme Court of Canada affirmed the record-setting $645 million patent infringement award in the client’s case against Nova. This triumph, which includes is purported to be reported to be the largest Canadian patent award in history, finally puts this hotly contested and long-running sage to an end. Steve Garland, Jeremy Want and
Daniel Davies compose the Smart team behind this matter. Garland and Davies also defend AlumaSafway in trademark litigation involving five asserted marks. This litigation also involves claims and counterclaims under contract, competition law, restrictive covenants, breach of confidence, defamation, and interference with contractual relations. Garland, Davies and Toronto’s Mark Biernacki act for the plaintiff in litigation involving a patent covering a novel and lithium-ion portable automotive battery jump-starter.
Smart & Biggar’s Montréal office has been logging some exceptionally noteworthy wins as well.
François Guay, long a luminary in the Québec IP community, has been at the forefront of some particularly controversial and cutting-edge copyright issues concerning the media and broadcasting industry. Guay represented members of the Motion Picture Association of America, Bell Media, Amazon and Netflix in an interim and interlocutory injunction matter and show-cause contempt proceedings against the operators of the Beast IPTV service, an unauthorized online subscription service that provided access to a vast amount of illegal television content. Guay and Jean-Sébastien Dupont also represented Videotron, laying claim to a rare summary trial for copyright infringement in the Federal Court addressing a specific provision of the Copyright Act that allows for the retransmission of certain over-the-air stations by authorized broadcasters.
Stikeman Elliott
QUÉBEC
Stikeman Elliott saw its genesis in Montréal and continues its reign as one of the city’s premier players in the commercial litigation arena. The general consensus among those in the Montréal community is summed up by one peer’s assertion: “Stikeman is by far [at] the top out of all of the national firms in Montréal, especially in the corporate commercial litigation space.” A client testifies, “They prepared a very complex case, [and it was] against an aggressive and plaintiff that used selective information to distort the truth massively.” The Montréal litigation group, widely considered one of the strongest, deepest and most consistent, is helmed by
Éric Mongeau, who is universally beloved by peers and clients. One such client addresses Mongeau as “[someone who is] excellent at diving into the details of the case and leaving no rocks unturned. [He is a] Master at putting together the facts in a compelling and truthful story, and attacking (more like surgically discrediting) the opponent's logic and position.” Mongeau led a major commercial matter for a consortium of conservationist businessmen in a dispute concerning the purchase of a wilderness reserve. Mongeau triumphed on his clients’ behalf in August of 2023. Yves Martineau is another perennial favorite in the Montréal office. While Martineau has long been a leading figure in the class actions space, he has also earned his stripes as a trial lawyer, a status that was further cemented when he was welcomed as a fellow of the American College of Trial Lawyers within the past year. “Yes, he mostly does class actions, which rarely go to trial, but Yves cut his teeth doing trials and is still considered one of the top pleaders in Montréal,” summarizes one contemporary. Peers also advise, “Keep an eye on
Guillaume Beaudreault-Simard. He is the younger foil to Yves in class actions.” Another peer ventures, I worked with
Éric Azran on estate litigation work, and he was very involved, so although he is recognized for insurance and securities, he does more than that!” Another peer declares, “I had a very heated debate with
Joseph Reynauld in an insolvency dispute and he was very sharp, very strong.” Enthusiasm is also vibrant for
Pierre-Paul Daunais. “Oh, this guy is at the top of his game, without a doubt,” extols one peer. “He had a great result in a case for RBI Tim Hortons concerning an alleged privacy breach on their app.”
ONTARIO
Of all the national firms on Bay Steet, Stikeman Elliott is also considered one of the strongest for corporate commercial litigation. “[They do] excellent work in a number of areas, in particular with their dispute appeal services as well as their major commercial litigation leadership,” confirms a client. Speaking to the Toronto team’s bench strength, as well as its relative headroom, one peer states, “One of my favorite people is
Eliot Kolers, who is still on the young side but actually one of the more senior team members at this point! It’s a great group, and that includes
Dan Murdoch and Aaron Kreaden. I love having cases with these people, they are all very capable and decent counsel who don’t constantly throw up silly motions.” Kolers provided Toronto lead on a milestone win for Teck Resources in the $1 billion sale of its interest in an oil sands project in Calgary. The Toronto team is also noted for its command in the competition capacity. “Katherine Kay is a longtime leader who is still in this space all the time,” observes a peer, “but we also see Sinziana Hennig and Danielle Royal more often.” A team composed of Kay, Murdoch and Hennig represented SNC Lavalin in the successful dismissal of the plaintiff’s application for leave to commence and certification of a proposed secondary market securities class action alleging that SNC failed to make timely disclosure of a material change. In 2021 the Ontario Superior Court held that the claim had no prospect of success and certification of the proposed class action should consequently also be denied, and in 2023, the Ontario Court of Appeal released its decision dismissing the plaintiff’s appeal. The plaintiff did not seek leave to appeal to the Supreme Court of Canada.
ALBERTA
Stikeman’s Calgary office, while substantially smaller than the firm’s Eastern operations, consists of two partners,
Mike Mestinsek and Geoffrey Holub, who both have a dedicated client following. Mestinsek is called “a practical, aggressive, problem solver” by a client, who goes on to confirm, “Mike is exceptionally responsive and has presence. He is appropriately aggressive and mindful of strategy/tactics that will work for the given party and issue. He is great at identifying the right resource to assist.” Another client offers a particularly glowing and fulsome review:, “Mike is a gifted litigator who also excels at the customer service side of the business. Mike learned the complexity of the business and our underlying contracts. He managed each step of our litigation extremely well and communicated to us in a timely and detailed manner. Mike effectively managed a difficult counterparty extremely well - both their corporate representative and their lead counsel. He handled himself with professionalism all the time, even though it might have been challenging to do that at during many stressful times. Mike also did a great job supporting a parallel path of settlement discussions, at the right time, and giving honest views on pros/cons of all facets our case and the possible path of litigation.” Holub is not without his fans as well. “Geoff is very experienced and practical, plus he’s also very courteous, in a way that is not always the case with other litigators I’ve been involved with.” Holub provided Calgary counsel on the aforementioned matter for Teck. The Calgary office is also in growth mode; this year the firm lured Matti Lemmens, a versatile younger litigator with a swiftly rising profile, to its bench from another national firm.
BRITISH COLUMBIA
Like its Calgary office, Stikeman’s Vancouver shop is also smaller than the firm’s Eastern segment and is similarly in growth mode. It also receives healthy client review. “They managed all aspects of our litigation in a very detailed and thorough manner, maximizing our chancing for a positive outcome,” offers one client. Long recognized for the presence of
David Brown, an all-purpose commercial litigator with a local peer following, the Vancouver office benefited from the addition of younger stars
Jonathan Buysen and Angela Crimeni, both of whom boast their own respective commercial litigation portfolios and ascending community and client followings.
Torys
The Toronto office of Torys has long held an enviable position as one of Bay Street’s crown jewels. “They have produced a long line of lawyers with reputations for fierce advocacy and they also have an equally long list of blue-chip clients,” testifies one Toronto peer. Another simply sums up the firm’s prestige and approach with, “Torys is just Torys, and they always have been and always will be.” This peer elaborates, “There’s a level of stature just in the brand and the culture that goes a long way.” Clients are quick to also sing the firm’s praises. “They are smart lawyers, who offer strategic advice,” extols one. “They are also very client focused and efficient. The folks I deal with are excellent strategists, tacticians and communicators (both in oral and written formats.)”
Linda Plumpton is an all-purpose commercial trial lawyer who regularly crosses over into the competition, class action and securities fields with equal facility. “She shows excellent judgment, with superior written and oral communications skills. Although I am an American, she is my go-to legal advisor.” Plumpton is representing Upsher-Smith Laboratories, a generic pharmaceutical company, in a proposed class action in the Federal Court of Canada against 54 defendants active in the generic drug market in North America. The claim seeks $2.75 billion in damages on behalf of anyone in Canada who purchased generic drugs in the private sector since 2012, as compensation for an alleged conspiracy to fix drug prices. “The last time I was against Linda, it was brutal,” confides a former opponent. “Outside of court, I said to her, jokingly, ‘Linda, did you have to be so rough on me in there?’ She just unflinchingly replied, ‘Advocacy is advocacy.’ And you know, she lives by that, and it works.”
Gillian Dingle enjoys a hard-earned rising profile as well. “She’s extraordinary,” summarizes a peer before going on to elaborate, “For someone of her vintage, she really stands up there with others who are much more senior to her in the Toronto bar. And she makes it look easy, shares that unique quality in that she’s a generalist. [She is a] Class act, [with] terrific judgment.”
William McNamara prevailed in his representation of Vienna Insurance Group in a complex contractual dispute between two reinsurers in the context of a global insurance program. The program concerned international mining conglomerate Vale, which experienced a failure of one of its flash furnaces at its smelter in Sudbury, Ontario, which significantly curtailed its production capacity. Vale made a claim under its business interruption insurance policy in 2011, and this clam was settled in 2021 for $140 million. The lead insurer turned to its reinsurers to pay their respective portions of the settlement and claims adjustment costs, one of which refused, asserting that it was not contractually required to follow any settlement and that the settlement with Vale was inappropriate. Following a 13-day trial, the court ruled in Vienna’s favor.
Andrew Bernstein, who is one of the firm’s key intellectual property partners as well as a commercial litigator, is representing Juniper Networks in a complex commercial dispute alleging breach of contract in connection with its acquisition of HTBASE, a developer of multicloud storage, and has also been brought in as co-counsel to NOVA on a judicial review it is bringing with respect to the addition to Schedule 1 of the CEPA “Plastic Manufactured Items” and related decisions. The client is one of the “Responsible Plastic Use Coalition,” which includes major petrochemical players and plastics recyclers, manufacturers and distributors across the country, and is seeking to quash the Liberal government’s decision to add “plastic manufactured items” to the list of toxic substances under the Canadian Environmental Protection Act. David Outerbridge
is representing Tarion Warranty Corporation, Ontario's regulator of new home construction, in trial-level, appellate and administrative proceedings involving construction and regulatory disputes concerning alleged defective construction of homes and condominium developments.
While a smaller and more recently forged operation, the firm’s Montréal office has been swiftly gaining profile, a phenomenon largely credited to Sylvie Rodrigue, who launched Torys in Montréal and now splits her time between the firm’s two offices. “Sylvie is still a leader in class actions,” voices a peer. “She is regarded as a senior litigator and has a reputation where she will take charge.” A client extols, “Sylvie is an excellent client-relationship manager and a great communicator. She always had a response to the opposition, and she did an incredible job representing me.” Rodrigue’s work is not limited to class actions; she recently successfully represented Olympic champion Mandy Bujold and the Canadian Olympic Committee in a discrimination legal challenge against the International Olympic Committee before the Court of Arbitration for Sports in Switzerland; in a human rights case with a core issue of discrimination based on sex in violation of the Olympic Charter, Swiss law and International law. Christopher Richter, with Linda Plumpton in the Toronto office, acting for Live Nation together with its related entities and subsidiary companies in various class actions all across Canada concerning alleged competition and consumer protection violations in connection with secondary market ticket sales. These cases allege different causes of action arising from the same circumstances, including conspiracy to affect prices or the availability of tickets to events across Canada by allowing (or failing to prevent) the use of automated ticket purchasing software by ticket resellers. Julie Himo is representing Hydro-Québec in a high-stakes damages claim against a former well known Québec pilot who made an aerial attack on Hydro-Québec’s transportation lines, caused close to $30 million in damages and almost put the province in a total blackout situation in December 2014.
