Bennett Jones
ALBERTA
Bennett Jones has remained an historic institution in its native Calgary, where it first opened in 1920. “We will have at least one or two files with Bennett Jones every year in perpetuity,” states one peer bluntly. Munaf Mohamed has etched an equally prominent profile in the Calgary market for his no-nonsensecourtroom demeanor and his acumen with cases involving sensitive issues related to fraud. One peer’s opinion resonates as a general consensus: “Munaf continues to be the most aggressive and effective litigator in Calgary, without question.” Mohamed put his prowess with fraud claims to perhaps its most visible test leading a firm team 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 and the former Crown Prince– 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 former Minister, together with various other extraordinary orders. A peer exclaims, “Everyone is talking about this case!” Mohamed and Michael Mysak successfully represented NEP Canada ULC, the plaintiff, in significant litigation involving post-M&A matters. These involved complicated issues of reservoir engineering, oil and gas infrastructure, valuation methods and fraud relating to gross misrepresentations made within a share-purchase agreement. The plaintiff obtained a $185 million judgment, plus costs and interest, which will make the total well over $200 million, for fraud and breach of contract arising from misrepresentations made by the vendor in selling infrastructure assets. Blair Yorke-Slader continues to enjoy a profile in the market that is unanimously considered “very marquis” by peers. Yorke-Slader provides lead trial counsel for 801 Seventh, which owns a 37-story building in downtown Calgary. The tenant leased virtually all of the building under a lease that ran until 2031. After reducing its workforce, the tenant sought to reduce its lease burden by pointing to the presence of trace amounts of asbestos in the fireproofing. Though extensive testing showed the building had been and remained safe, in May 2019 the tenant fled the building– leaving a building in downtown Calgary virtually vacant– terminated the lease and sued for $70 million. 801 has countersued both the tenant and its Chinese parent company and guarantor for $500 million.
ONTARIO
The firm’s Toronto office, which in recent years has raced ahead in a market prominence to rival its Calgary headquarters, continues to be in growth mode. Competition specialists
John Rook and
Emrys Davis are acting for Quebecor and its wholly owned subsidiary Videotron in connection with the Competition Bureau's application to block Rogers Communications’ $26 billion acquisition of Shaw Communications and the related $2.85 billion divestiture of Shaw's Freedom Mobile business to Videotron. This real-time litigation commenced in May 2022. “This the biggest competition case in Canada right now, bar none,” declares a peer. Davis
is championed by a fellow competition peer for his “great technical expertise but a lot of rough-and-ready litigation experience. He’s practical, he’s thoughtful, great person to deal with.”Arguably one of the Toronto office’s most prolific and visible litigators, Mike Eizenga is known on a national level for his acuity and savvy with class-actions. As well as being one of the most recognized figures in this capacity, he is also one of the most revered. “Mike is the lawyer I think most class-action lawyers want to be like,” speculates a peer leader in this practice, who, it should be noted, is outside of Ontario. “He can do it all – he’s got experience from his days on the plaintiffside and he can also go anywhere and get respect for this.” Eizenga
acts for 60 defendants, including the Canadian Hockey League, its three member leagues, and all of their teams, in two class actions (Alberta and Ontario) involving former junior hockey players who allege that they were harassed, bullied and physically and sexually assaulted while playing in Canada's major junior hockey leagues. The plaintiffs allege that the defendants were systemically negligent, breached their fiduciary duties and are vicariously liable for actions of employees, players and agents. The certification motion and preliminary motions were heard in November 2022. The decisions are under reserve. While Eizenga’s position as an undisputed class actions leader is secure,
Cheryl Woodin has also emerged as a leader in this practice, particularly in matters concerning the automotive industry. Woodin represents Travelers of Canada and St. Paul's Fire and Marine, two of 16 insurers named in class actions alleging improper handling of statutory automobile accident benefits arising from their alleged improper subtracting of Harmonized Sales Tax from benefits awarded to claimants. The insurers successfully dismissed the claims on jurisdictional grounds, a decision upheld by the Court of Appeal for Ontario. The Supreme Court of Canada denied the plaintiffs' leave application in January 2022, bringing this matter to an end. Woodin also acted for another insurance carrier, Dominion of Canada, in COVID-related business interruption claims. Woodin also acts with securities firebrand
Robert Staley in representing Tetra Tech, a global provider of engineering and consulting services, in a putative securities class action commenced on behalf of investors of a publicly traded mining company who claim that their investments in the mining company’s public offering were made under the reliance of a technical report that was later alleged to contain an erroneous overstatement of assets.
Perennial favorite and Toronto mainstay
Jeffrey 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 “Freedom Convoy” that assembled on Parliament Hill and throughout downtown Ottawa, Canada and other protests at various locations in Canada.
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
BRITISH COLUMBIA
Borden Ladner’s Vancouver office has been busy with the construction and infrastructure work that the firm continues to be celebrated for. “We see them very frequently on construction files,” notes a peer, elaborating, “They act for a large national contractor, so I’ll deal with David Miachika on these. I’ve also been spending over a year and half on a file with
Grant Mayovsky, who I find reasonable and good to work with.”
Robert Deane and Craig Chiasson uphold the office’s niche in arbitration work, often in the cross-border capacity and also often intersecting with infrastructure elements. “We see them all the time in infrastructure work,” testifies a peer. “Rob and Craig are our ‘frenemies.’ We use them as arbitrators occasionally and they use us.” While the unanimously revered Deane is an unquestioned authority on international arbitration, he is not exclusively relegated to this specialty; Deane triumphed at the Court of Appeal in a headline family trust law dispute, Pirani v. Pirani. The Court of Appeal held that the trial judge made clear legal errors in her approach and ordered a new trial. The case is currently under appeal to the Supreme Court of Canada. Sarah McEachern is another Vancouver partner that gained considerable traction in the arbitration and construction sphere. “I view her as one of the real upcoming leaders in that office now,” asserts a peer, “as well as
Michelle Maniago for class actions and Allison Foord on some of the life insurance work.”
ONTARIO
In the Toronto office, David Di Paolo has emerged as the firm’s new leader in litigation with a securities element. Di Paolo, along with
Alex de Zordo of the firm’s Montréal office, acts for one of the defendants AIC in class actions in Ontario and in Québec related to allegations that some of the largest fund companies in Canada permitted “market timing” activity to take place in their funds resulting in alleged significant losses to unit holders of the funds. In Ontario, Di Paolo successfully opposed certification on the novel grounds that the proposed class action was unnecessary in light of settlements reached by the fund companies with the Ontario Securities Commission, which resulted in the payment of several hundred million dollars to unit holders. On appeal ultimately to the Supreme Court of Canada, the Court upheld certification. The action is proceeding to a common issues trial. (In Québec, the action was authorized as a class action after the Supreme Court’s decision in the Ontario action and is proceeding toward trial.)
Caitlin Sainsbury, another partner historically known for her securities work, has been building out an increased profile in the competition space as of late. Sainsbury led a team that scored for Amazon in September 2022 by obtaining a stay in favor of arbitration of the representative plaintiff’s claims for purchases on Amazon.ca. Said claims, valued at $12 billion, alleged that the client conspired with third-party sellers to fix the prices of their products on Amazon's platforms.
Hugh Meighen is making a name for himself among the stalwarts of the domestic and international arbitration community. “Hugh has construction experience, like many partners at BLG, and is very strong.”
Nadia Effendi is championed by peers as “a real force, a protégé of the great [Ottawa-based appellate guru] Guy Pratte and on her way to being one of the leading public law practitioners. She’s involved in a lot of inquiries and reviews, including some dealing with sexual misconduct claims among some of Canada’s armed forces and the non-profit that governs hockey.”
ALBERTA
BLG’s Calgary office houses some of the firm’s biggest luminaries in its construction practice. Jeffrey Vallis receives universal acclaim. “He’s frequently on the other side of us and he makes us work for our money,” quips one peer. Another raves, “He is a superb advocate in counsel and has done a ton of arbitrations in Alberta and Manitoba in particular.” Trish Morrison, also acknowledged as “excellent, just really first-rate,” leads the defense of a claim made by Dow Chemical Canada and ME Global Canada for damages in the amount of $210 million arising out of negligence and breach of contract related to the failure and forced shutdown of a boiler feedwater preheat exchanger, which is part of the process of cracking ethane gas into ethylene. Patrick Heinsen, who practices in the firm’s celebrated health law space, represents Alberta Health Services (AHS) against four unvaccinated doctors practicing in Alberta who have commenced a litigation against the client and its CEO concerning the implementation and constitutionality of AHS’s mandatory immunization program.
QUÉBEC
Anne Merminod, a quickly emerging star in the class-action space, acted with
Stephane Pitre in a novel privacy-related class action in which the plaintiff, an inspector working for the Investment Industry Regulatory Organization of Canada, left his laptop on a train. The laptop contained certain personal information relating to individuals collected from securities brokers who were under inspection. Arguably the most prominent figure in Montréal, Mathieu Piché-Messier attends to a practice that balances commercial work with specialty cases of a more novel nature, especially where there is a media or celebrity element involved. Piché-Messier, has been counsel for Devas, a Mauritius-based entity and the plaintiff in a novel cross-border dispute stemming from arbitral award against the Republic of India, which the Republic had failed to satisfy. Devas has brought seizure applications in Québéc against several entities, including the Republic itself as well as its sovereign-owned airline, the Airport Authority of India, International Air Transport Association (based in Montréal.) Since their initial representation of Devas in 2021, the BLG team has seized before judgment USD $55 million in Indian assets from the four entities. The Montréal office also boasts firepower in its celebrated construction practice, with
Gabriel Lefebvre and the aforementioned Pitre being noted as standouts. A peer in the insurance capacity also notes, “BLG for sure has a few major players on the insurance side. I particularly like
Gilbert Houreni, who came from Robinson Sheppard and has been quite aggressive and has developed a following.”
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
Lawson Lundell has for decades enjoyed a status as one of Western Canada’s most respected regional legal shops, and that status has only seemed to grow with each passing year. “They are going from strength to strength,” sums up a peer, elaborating, “They have a sweet spot in the market. They are expanding quickly but at the same time staying independent and focused on the Western Canadian economy. That allows them to build their client base, which features a lot of energy and resource players, but still be able to service them better than they would if they were a big international firm.” Several of these referred-to clients turn out in force to commend the firm; one notes, “The Lawson Lundell lawyers who represented us successfully avoided court, and ultimately we received the best outcome in favor of our case. The team was thorough and explained the process very well to what was a very complicated case. It also needs to be said that they were a great value.”
Already dominant in British Columbia, with a head office in Vancouver and another in Kelowna, Lawson Lundell has recently risen to the forefront in the Alberta market as well. Its Calgary office, for years primarily spearheaded by Tammy Coates, saw a major boost in profile in 2018 when it recruited nine partners from another Calgary institution. The Calgary team continues to impress its local peers.
Grant Vogeli is one of Calgary’s most respected litigators and one of the only litigators at Lawson’s office there to not focus primarily on oil-and-gas disputes. “Grant is very good, and pretty much the entire legal community here shares that view,” insists one peer in summation. Vogeli’s stature was burnished further this year when he led a firm team to a significant victory for Remington Development in a commercial case in which CP Rail reversed course on a proposed sale of a parcel of land to Remington for a project involving unused rail property on the edge of Downtown Calgary, opting to sell it to the Province of Alberta at a higher price instead. After an eight-week trial, the Lawson team scored big for their client; although the project will now never advance, Remington was awarded over $160 million in damages. This matter has wowed the entire Calgary community. One peer quips in summation, “Grant Vogeli has had a good year – I mean, that was a huge motherf*cking case, one that’s been festering for years.” Vogeli was joined on this matter by
Mike Donaldson and Shannon Hayes, both of whom have their own individual fan bases as well. “Mike was classmate of mine,” testifies one peer. “He is very smart, very capable and very even-keeled.” Another confirms, “Mike has a great relationship with TransAlta and has a lockdown on that work.” This year is no exception; Donaldson leads a firm team representing this client in a matter concerning a dam the client built under contract with the government in the 1960s. The contract stated that there would be no exploration around the dam that would compromise its structure, something that has been put to the test as of late as several oil-and-gas companies moved in and decided they wanted to start fracking around it.
Shannon Wray has been busy with a number of cases over the past year, in addition to her efforts in driving and fostering the team culture in Calgary. Wray acted with Coates on a milestone commercial matter for Shaw in which the Western Canadian telecommunication entity would, if the plan receives final approval from regulators, combine with the more national-based Rogers in an ambitious expansion. Wray also acted with future star Jonathan Selnes on behalf of Crescent Point Energy in a $10 million commercial dispute. “Jonathan is great,” extols a peer. “I’m seeing more of him lately, and for good reason. He’s got some chops.”
Alexis Teasdale, who joined the firm from Bennett Jones, is another younger partner on the rise, managing a novel insolvency practice. “Watch out for her,” advises a peer. “She was a fourth junior at Bennett Jones but she hustled, she worked her ass off, and is now getting her own insolvency files. She’s one of the few people in this area doing this!”
In Vancouver, Craig Ferris remains a central figure. “Craig is a trial lawyer through and through,” commends one peer. “He ticks a lot of boxes: tough but unflappable, crazy intelligent but understated about it. He knows how to use these skills to trick opponents through his calm demeanor and get them into boxes they have a hard time getting out of. It works.” Peers also warn against taking Ferris’s manner for granted. “Craig comes off as easygoing but trust me, he is highly strategic, highly tactical. You have to bring your A-game when you’re against him.” Ferris and
Mark Fancourt-Smith represent BC Hydro in a construction issue valued at up to $30 million and relating to the building of the Big Bend substation in Burnaby. Fancourt-Smith, who manages a diverse practice that straddles commercial litigation, Aboriginal law, injunction work and intellectual property, is also making a name for himself with peers and clients. One client cheers Fancourt-Smith as “a great communicator and an intelligent problem-solver, with excellent availability and work ethic.” An unquestioned authority in the Aboriginal law capacity, Keith Bergner continues to be at the forefront of the most thorny and cutting-edge issues concerning Aboriginal title and rights to consultation. “Keith has real credibility,” states a peer. “Aboriginal groups and commercial entities alike trust in his insights.” Bergner acts for Grieg Seafood, which was one of several parties to commence a judicial review of a December 2020 decision by the Minister of Fisheries, Oceans and the Canadian Coast Guard regarding fish-farming facilities in the Discovery Islands. A number of preliminary motions were heard and decided by the Federal Court, including an injunction application, various applications by First Nations and environmental NGOs to be added as parties and/or intervenors, and an adjournment application. The consolidated judicial review on the merits was heard in October 2021 and, over the course of a five-day hearing, submissions were made by Grieg and the three other aquaculture companies, the Minister, and two interveners. In April 2022, the court granted the applications for judicial review, finding that the Applicants had met the burden to show that the Decision of the Minister was unreasonable.
Marko Vesely, a perennial favorite among peers and clients, triumphed for the University of Victoria when he obtained a dismissal of a class action on its merits at a very early stage. The plaintiff sought recovery of parking fees for all students arising from closures during COVID. In an earlier decision, the court agreed to sequence our summary judgment application before certification. Lawson’s Vancouver office also hosts the firm’s most prominent labor and employment litigators,
Robert Sider and Nicole Skuggedal.
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 went after a different market, a broader variety and a different strata of clients, in which they were able to undercut other firms on fees and actually land a good number of quality files this way. They do work that other firms don’t do, like insurance defense and family law.” One 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 Kitchener/Waterloo region, to the point where its concentration of litigators there is as dense as it is in Toronto. In Kitchener/Waterloo, Rohit Kumar attends to a varied commercial practice. Also occasionally operating from the Kitchener/Waterloo office but primarily 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. All-purpose senior commercial litigator and Bay Street mainstay Paul Morrison – a venerated alumnus of McCarthy Tétrault – continues to stay active and visible. “Since Paul has joined Miller Thomson, I’ve never seen him so content,” observes a peer. “He’s especially great with class actions, he loves that work.” On the opposite end of the generational spectrum, Toronto future star
Eric Sherkin is counsel to 30 individual plaintiffs, all of whom were pre-construction purchasers of condominium or freehold townhouse units in a new real estate development. The developer sold the project to another developer who refused to assume the existing purchase agreements and re-sold the units to new buyers at much higher prices than the plaintiffs had paid. The plaintiffs sought a certificate of pending litigation over the property pending the outcome of the trial. Sherkin attends to a practice that balances commercial litigation with insolvency, defamation and professional negligence work.
QUÉBEC
The firm’s Montréal team is regarded by peers as “fighters, who are not complacent. They are fighters in the right way, and I respect that a lot.” In particular, Yves
Robillard is considered by peers to be “difficult but talented, a true generalist as well. He takes on all manner of stuff. Yves has street smarts, experience and knows what it’s like to be in a courtroom. He deserves more recognition. He works a lot with Fadi Amine, who does a lot of class actions – Fadi was involved in the Lac Mégantic class action!” Amine representedPriceline.com and Kayak Software, who are being sued, along with others, for supposed violation of the Québec Consumer Protection Act. The case is now certified. Amine also represents Ticketnetwork, along with other defendants, who were being sued in the context of a consumer class action, for not having immediately refunded tickets to consumers who had their events cancelled, postponed or rescheduled due to COVID-19 pandemic related closures and lockdowns. While several other defendants and their respective counsel opted to settle, in April 2022, Amine took a bolder stance and was able to convince the court that the case should be discontinued against his clients even before certification. Stephan Trihey, who joined the firm from the respected-but-since-imploded Heenan Blaikie, is viewed by peers as a trial lawyer first and foremost. A peer quips, “When he was considering coming to Miller Thomson, a colleague there said, ‘Hire him! I don’t ever want to go against him again!’” Trihey concentrates on construction, real estate and trust and estates work. Trihey is representing a majority shareholder, director and officer and several operating and holding companies in a multifaceted and fiercely contested commercial and shareholder dispute before the Court of Appeal in the area and real-estate ventures and property developments projects. In October 2022, the Court of Appeal rendered a unanimous judgment in favor of the client. Trihey also represents Lundberg as defense counsel in a multimillion-dollar damage claim instituted by Fortress and its insurers in compensation for business interruption losses and material damages resulting from a severe explosion that occurred in a pulp-and-paper plant located in the city of Thurso, Québec within the tertiary air registers of a recovery boiler. During the depositions of the Fortress witnesses, multiple objections were raised by their counsel based on litigation and client-solicitor privilege to Trihey’s request to obtain full access to all the internal investigation inquiry documents generated by Fortress in respect of the causes of the explosion. By way of an interlocutory judgment rendered in February 2022, the Superior Court of Québec, concluded that the privileges asserted by Fortress to protect the confidentiality of its internal investigation findings did not apply.
ALBERTA
Miller Thomson’s Alberta footprint further exemplifies how it has set itself apart, devoting equal resources to both its Calgary and Edmonton offices. “They are one of the only firms in Alberta that is actually an ‘Alberta firm,’ as opposed to being a ‘Calgary firm,’” declares a local contemporary. In the latter office, Scott Hammel is a peer favorite. “Scott was brought in on a dispute I was on one time,” testifies a Toronto-based partner, “and I didn’t know him before but I was very impressed upon witnessing him at work. I found him to be a very strong construction lawyer.” Hammel also focuses on insurance, professional liability and general commercial work. Based in Edmonton,
Debra Curcio Lister attends to a practice that balances commercial litigation, trust and estates work, and family law. “Miller Thomson is one of the only major firms in Alberta to really get involved in family law to any real extent,” states a peer. “Most of the other firms don’t touch that work.”
BRITISH COLUMBIA
Miller Thomson’s Vancouver office boasts a younger crop of star litigators, which peers view favorably as “a sign of reinvigoration and growth.” One such example, Kelsey Sherriff, is noted as “someone who should be on your radar. She was involved in the opioid litigation, and I was impressed with her skills.” Sherriff is a commercial litigator with a niche focus on regulatory health law work. Another, Bryan Hicks (a recent recruit from Blake Cassels & Graydon), is viewed as “a real up-and-comer” in the commercial and securities fields. Hicks has experience representing clients before the British Columbia Securities Commission as well as in court. Sarah Hansen, a commercial litigator who also has significant experience with matters involving First Nations, is acting for an Indigenous tribe in the judicial review of a decision by the BC Ministry of Mines to issue a permit amendment to the Canadian National Railway, a Crown corporation, allowing it to continue to mine for ballast at a location near an Aboriginal fishery, which, the client argued, would potentially suffer grave environmental and fish count damage. The client submitted an action for judicial review and, in a case heard in the BC Supreme Court in 2021, a decision was rendered finding that the Crown failed to consult adequately and meaningfully with the client, returning the matter back to the decision-maker for an attempt at a proper consultation.
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. “They are on some of the bigger files in the infrastructure area in Toronto without a doubt,” confirms one Bay Street peer. “We see them often and in fact are against them right now. They’re putting us through the paces.” A Vancouver peer meanwhile sums up that office’s bench strength with, “They have a lot of firepower over there, particularly with coverage-type files.” Clients are also not short on praise; one opines, “I’m glad I have Singleton in my corner when the going gets tough, and it always seems to be on these types of actions.”
Peter Wardle, a generalist in the firm’s Toronto office, led a firm team that was retained by the City of Ottawa in relation to various construction disputes and more recently the provincial public inquiry into the commercial and technical circumstances that led to Stage 1 breakdowns and derailments of the Ottawa Light Rail Transit system. The mandate for the inquiry spanned the entirety of the project, from planning and procurement to the issues experienced during the first years of the maintenance phase, and in the inquiry itself took place in over the course of several weeks starting in June 2022. “Peter Wardle is a legend, just an awesome all-purpose litigator,” declares a peer. Other members of this team included Vogel as well
Jesse Gardner, Catherine Gleason-Mercier (a new member of the firm’s partnership) and Vancouver’s
Betsy Segal. Vogel and James Little act on a mandate involving the construction of the Stouffville RER Stations and Grade Separation, which is a large infrastructure project in Ontario with a total original program value of approximately $CAD255 million. This project includes the construction of several GO transit stations and a rail corridor grade separation in anticipation of the Regional Express Rail project in Ontario. Little and Gardner are viewed as “future leaders, two very bright and promising lights in that office.”
In the Vancouver office (now managed by Mark Stacey), construction litigation stalwart
Stuart Hankinson has been retained to act for Fibreco in its claims against Marsh in negligence and damages in excess of $CAD70 million. The client placed a Course of Construction insurance policy through Marsh to provide coverage during a terminal-expansion project being undertaken by Fibreco. In 2020, one of the silos under construction failed, resulting in significant losses to Fibreco. Due to an alleged error on the part of Marsh, the Course of Construction policy had been permitted to lapse prior to the date of the failure. Stephen Berezowskyj is seeing his reputation gain momentum as well. 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.”
Another peer insists, “Clive Boulton – are you kidding me? He’s tried more cases than anyone. He’s been in this insurance litigation game forever and
he knows!”
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
Peers refer to Stikeman Elliott’s Montréal office, arguably its best known, as “an obvious example of a strong group, with significant critical mass.” It is also observed that “they also renewed themselves and are now a relatively young team.” The firm’s strength in Montréal is reflected in the gravity of the disputes its lawyers attend to. “Stikeman is always on the biggest files in Québec,” confirms a peer. “They like doing the premium work – this is not where you go for mid-market files.” The Montréal litigation team is currently being led by Éric Mongeau, a routinely revered figure and also a recent entrant into the American College of Trial Lawyers. Mongeau is acting with Éric Azran on a litigation valued at approximately $100 million regarding recapture rights found in reinsurance treaties concluded between two reinsurers. Azran, historically noted as a commercial litigation generalist, is noted as having “developed a significant insurance practice! He’s always done a bit of this work, but he is really building it out now.” Azran’s practice was given an unexpected but exponential escalation by the COVID pandemic and its subsequent tectonic effect on the insurance industry, specifically in the context of business interruption claims. The Montréal office is also an epicenter for files concerning insolvency, an area in which Stikeman has long been considered one of the strongest players. Clients cheer the “deep team dedicated to restructuring,” and a peer attests, “Stikeman has had a huge run lately in acting for debtor companies. If I just take a look at the numbers for this year it has been Stikeman on most of them, and much of it has been out of Montreal because a ton of the retail filings this year have been there.” Joseph Reynaud, as monitor’s counsel, has played an active role in the highly contentious CCAA proceedings concerning the entities formerly known as Bluberi. Guy Martel acted as lead counsel to the Cirque du Soleil group in its investment solicitation process approved by the Superior Court of Quebec, commercial division, in the context of Cirque du Soleil’s proceedings under the CCAA, resulting in a credit bid by the secured creditors for approximately USD$1 billion. The transaction closed in November 2020. In another COVID-driven matter that has graced headlines all across Canada, Frederic Pare and Pierre-Paul Daunais are acting for Hudson Bay Company in its challenge to multimillion-dollar claims by major landlords following the client’s decision to withhold rent payments in the context of the pandemic.
ONTARIO
Within the past several years, Eliot Kolers has emerged as arguably the most active and visible commercial litigator in the firm’s Toronto office. “I was on the other side of a trial from Stikeman,” confides a peer, “and the trial was led by Eliot, not one of the more senior figures that I would typically see. I think that speaks volumes as to his ascent in that firm’s profile.” In one of several cases showcasing Kolers’ elevated presence, he was front-and-center on a recent representation of Fairstone Financial in a major M&A-related file involving a transaction that was complicated by the effects of COVID on Fairstone’s business, causing the entity that agreed to purchase all of Fairstone’s outstanding shares for $1.4 billion in February 2020 to subsequently back away from the deal, claiming that Fairstone had not met its contractual obligations as outlined as being contingent for the transaction to close. In December 2020, the Ontario court released its decision holding that the closing conditions were met and ordering specific performance of the transaction. Alan D’Silva has continued to bolster his insurance litigation standing, securing a win for AIG in an important ruling in which the Ontario Court of Appeal set aside a large punitive damages award against an insurer and reinforced a fundamental insurance law principle that the burden of proof rests on the insured to establish a right to recover under the terms of an insurance policy. This matter was a follow-on to an earlier ruling from the Ontario Superior Court Justice ordering AIG to pay out the full value of a ring an insured claimed was stolen from him within weeks of its addition to his policy.
ALBERTA
Stikeman’s Calgary team is composed of two partners, Geoff Holub and Mike Mestinsek, both of whom are equally admired by peers. Holub acted for CLAC in an arbitration concerning the rent reset for the next 20-year term of a 99-year lease relating to a downtown multi-use high rise; the parties’ difference in basic rent positions exceeded $26 million and the tenant in the arbitration sought $1 million in damages for bad faith. Mestinsek is lead counsel for BP in its $1 billion litigation against Aux Sable in respect of a 20-year NGL product supply agreement involving the Alliance Pipeline. Holub and Mestinsek are acting as counsel for British American Tobacco 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.
BRITISH COLUMBIA
The Vancouver office, historically the firm’s smallest, has been in growth mode as of late. While David Brown, a broad-based commercial lawyer, has for some time been the office’s sole partner, Melanie Teetaert has recently stepped in to bolster the bench. Teetaert, admitted in both Alberta and British Columbia, is a favorite in the Vancouver litigation community. “Melanie is super-smart and very likable and has also done a great job in embellishing that firm in this city,” declares a peer. Brown and Teetaert acted together on a trial in the summer of 2020 for a mining company in a hotly contentious matter concerning the terms of a transaction for a mine in South America. The pair secured a favorable decision for their client in March 2021. On her own Teetaert led an insolvency foreclosure trial, acting for the lender in a Vancouver commercial/residential development that had gone sideways. Teetaert secured a favorable decision in June 2020, shortly after which the sale applied for was completed.
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. These clients are quick to also sing the firm’s praises. “Torys consistently provides insightful and well reasoned advice on many topics,” testifies one, further elaborating, “Where Torys separates itself from other firms, however, is with client focus. Torys is very attuned to our needs and is always looking for ways to enhance its value proposition.” Another client states, “Torys are superb drafters, great strategists and fantastic litigators. They are really well organized, professional, knowledgeable, and very helpful in explaining the process.”
Andrew Bernstein manages a practice that straddles commercial litigation as well as intellectual property and appeals specialties. “Andrew Bernstein is very knowledgeable in the appellate area,” declares a client. “[He is] Very good at figuring out the strategy that needs to be executed.” Another raves, “Andy has excellent client-management skills and is always reaching out to see how he can help us or improve Torys' offerings. He has excellent strategic insights on litigation matters and often comes up with creative and well-articulated arguments that other firms miss.” The firm displays particular strength in the securities and class-action areas. “John Fabello continues to be very active,” observes a peer. “He works for a lot of investment dealers on the street.” Gillian Dingle has generated an elevated level of support for her work in this area as well. “We’re all seeing Gillian a lot more these days,” confirms one contemporary. “She does a great job, and we enjoy working with her.” Torys has also seen its share of insolvency files of late.
Jeremy Opolsky led a file in which he successfully obtained an $11.3 million judgment on behalf of KSV Restructuring as the Trustee-in-Bankruptcy of Forma-Con, an affiliate of Bondfield Construction. Opolsky also works with insolvency specialist
David Bish on the firm’s role as Canadian counsel to Mallinckrodt Pharmaceuticals, which filed bankruptcy in 2020 as a result of being ensnared in the sweeping litigation against opioid manufacturers and distributors.
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 is working with Linda Plumpton (a perennial favorite and all-purpose litigator in the firm’s Toronto office) in 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.
