Paliare Roland Rosenberg Rothstein LLP is a litigation boutique with vast expertise and experience. They are routinely involved in high profile cases: complex commercial litigation or class actions, professional discipline or labour disputes or public inquiries, managing the most sensitive legal issues facing all businesses, individuals, labour unions, professional regulatory bodies, academic institutions and public interest organizations. Much of their work is referred from other law firms in Ontario, across Canada and internationally.
Main Areas of Practice:
Class Actions: Paliare Roland represents publicly and privately on leading cases. The team acts for defendants and plaintiffs bringing versatility and unique insights. They have acted as counsel on class proceedings at all stages of proceeding (certification including all levels of appeal; mediations; examinations for discovery;completion of common issues trials) and on cases involving usurious interest rates, product liability, Competition Act violations, institutional abuse, auditor’s negligence, franchise disputes, cases involving foreign exchange charges, breach of trust, breach of contract, pensions issues, and others.
- Class counsel to registered accountholders at BMO Nesbitt Burns and BMO InvestorLine. The class alleged that the defendants charged an undisclosed fee on currency conversions in the class members’ registered accounts. The court found in favour of the class on summary judgment (MacDonald v. BMO Trust Company, 2020 ONSC 93), and the case settled for $100 million (2021 ONSC 3726).
- Class counsel to pharmacist franchisees of Shoppers Drug Mart. The class alleged that the franchisor unlawfully withheld payments from generic drug manufacturers and improperly overcharged fees in other aspects of the franchise relationship. The class was partially successful on summary judgment (Spina v. Shoppers Drug Mart Inc., 2023 ONSC 1086).
Corporate Commercial Litigation: Paliare Roland has deep experience acting on virtually all aspects of corporate commercial litigation, applying a strategic, practical—and singularly effective—approach to resolving business disputes. They routinely represent both public and private companies, partnerships, shareholders, directors, officers, boards, special committees and professional advisors, arguing in the appellate courts, and before the Toronto Commercial List, arbitrators and mediators. They are also often asked to act on high-stakes litigation of critical importance to their clients.
Bankruptcy & Insolvency Litigation: Paliare Roland acts regularly in bankruptcy and insolvency matters, nationally and locally. The practice is independent of major financial institutions, permitting them to act as counsel to insolvency stakeholders, including unions and employee groups, tort claimants, court appointed officers, debtors, bondholders, and governments.
- Counsel to the United Steel Workers Union. Was in a lead position regarding the restructuring of Stelco and its legacy liability pension obligations and other post employment benefits including finding and sponsoring the ultimate Purchase of Stelco, Bedrock Industries.
- Insolvency Counsel to the provinces of Alberta and Newfoundland & Labrador in the ongoing CCAA restructuring of Imperial Tobacco Company Limited, Rothmans, Benson & Hedges Inc., and JTI-MacDonald Corp.
- Court appointed representative for purchasers of preferred shares of Pace Financial Limited and First Hamilton Holdings Inc., in connection with the liquidation of those companies, resulting in settlements totaling in excess of 70% of the amount invested.
Employment Law: Paliare Roland provides advice and advocacy relating to all areas of the employment relationship for both employees and employers. Many of the important cases remain confidential.
Appeals & Judicial Review: In both public and private law, Paliare Roland has been involved in a vast range of prominent, precedent-setting appeals and judicial reviews. Respected for their deep expertise and experience in judicial review applications and appeals, they are frequently retained by trial and administrative counsel, regulatory bodies, unions and others to help advance or protect these interests before the courts on review.
Securities Litigation: Paliare Roland acts for both investors and issuers in litigation involving public disclosure issues providing assistance to investors, investment advisors and other registrants in proceedings before the Ontario Securities Commission, the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual FundDealers Association also representing investors in negligence claims against investment advisors and dealers.
Constitutional Litigation: Paliare Roland has acted on many high profile constitutional cases and has long associations with the Canadian Civil Liberties Association and other public interest organizations like Friends of the Earth, British Columbia Civil Liberties Association, Métis National Council, Congress of Aboriginal Peoples, Human Rights Watch and various specialised legal aid clinics.
- Counsel to the Congress of Aboriginal Peoples and individual litigants in Daniels v. HMQ, 2014 CanL1168707 (SCC) seeking a declaration that the Federal Government is constitutionally responsible for approximately 600,000 Métis and Non-Status Indians, under s. 91(24) of the Constitution Act, 1867.
Libel & Slander: Paliare Roland has expertise in defamation law including litigation strategies, media strategies and pre-publication review. Recently, they were counsel to the Liberal Party of Canada in a defamation proceeding brought by former Prime Minister Stephen Harper.
Product Liability & Tort Claims: Paliare Roland acts for plaintiffs and defendants regarding product failure, negligence and economic torts. While these sensitive issues generally result in settlement, the firm has argued leading cases on international jurisdiction and insurance coverage, and act in class actions regarding product failures.
Professional Discipline & Regulation: Paliare Roland represents regulators and professionals in connection with complaints, investigations and discipline proceedings. They have extensive expertise in representing several regulators in the regulated health disciplines, including as lead discipline counsel for the College of Nurses of Ontario.
Judicial Inquiries and Inquests: Paliare Roland has brought their expertise in advocacy and commitment to the public interest to their work for judicial inquiries.
- Inquiry Counsel to The Honourable Mr. Justice Herman J. Wilton-Siegel who was appointed Commissioner of the City of Hamilton’s Red Hill Valley Parkway Inquiry.
- Counsel to the design-build-maintenance consortium (Rideau Transit Group and related parties) in the Ottawa Light Rail Transit Public Inquiry.
Updated April 2023
