Fasken
Litigation & Dispute Resolution primary contacts
Vancouver
Geoffrey Cowper, Q.C. Co-leader +1 604 631 3185
Simon Coval Co-leader +1 604 631 3152
Surrey William Westeringh +1 604 631 3155
Toronto
Laura Cooper Co-leader +1 416 865 5471
Ottawa
Peter Mantas +1 613 696 6886
Montreal
Martin Sheehan Co-leader +1 514 397 4395
Quebec City
Guy Dion +1 418 640 2016
Calgary
Robert Maxwell +1 403 261 5503
Johannesburg
Nic Roodt +27 11 586 6020
Fasken is a leading international law firm with more than 700 lawyers and 10 offices on four continents. Clients rely on us for practical, innovative and cost-effective legal services. We solve the most complex business challenges, providing exceptional value and putting clients at the centre of all we do. We have offices across Canada in Vancouver, Surrey, Calgary, Toronto, Ottawa, Montréal and Québec City, and internationally in Beijing, London and Johannesburg.
Our internationally-recognized litigators have won major trials and appeals for large multi-national companies in a variety of industries—mining, technology, financial institutions, communications, aviation, health, energy and life sciences.
Our litigation expertise spans all areas of private and public law within both common law and civil law jurisdictions including:
- Indigenous Litigation – We have acted in landmark cases that redefined the law to reflect modern circumstances. We work with small business, industry, governments, First Nations, band councils, and individuals to resolve issues related to Aboriginal rights and title, regulatory matters, and business, employment and governance issues.
- Antitrust/Competition – We have extensive experience in all areas of Canadian, European and English competition law, including in relation to M&A, criminal matters, pricing and distribution issues, marketing and advertising, competition law litigation, parallel imports, technology transfers, exploitation of intellectual property rights, and issues relating to abuse of dominant position.
- Class Actions – We have been at the forefront of many class-action proceedings involving complex securities, insurance, product liability, competition and financial services claims.
- Domestic and International Arbitration – We act as counsel or as arbitrator on behalf of public and private clients involved in commercial disputes within Canada and worldwide. We have conducted arbitrations under all the major arbitral regimes and have lawyers with extensive experience in all manner of international disputes.
- Insolvency & Restructuring – We advise debtors, secured and unsecured creditors, DIP lenders, boards of directors, many other commercial reorganizations and restructurings, receiverships, bankruptcies, enforcement in secured transactions and other facets of bankruptcy, insolvency and restructuring litigation.
- Insurance – We act on behalf of insurers, claimants and intermediaries on insurance coverage and liability matters. Members of our team are leaders in emerging areas such as “bad faith,” aggravated and punitive damages, and damages for mental distress. We also have experience with the highly technical area of subrogation and handling significant and multi-party losses.
- IP Litigation – We work with multi-national companies and individual entrepreneurs to protect their intellectual assets—whether patents, trademarks, or copyrights. We provide strategic counsel in the prosecution of all types of intellectual property applications and IP litigation before courts and administrative tribunals.
- Product Liability – We advise leading manufacturers in class action product liability cases, major mass tort cases, single product claims, warnings and recalls.
- Regulatory – We deal with regulators frequently and often appear before tribunals and courts on behalf of clients in regulated industries such as communications, energy (including oil and gas exploration), transmission and distribution; transportation; food and drug; fisheries; mining; and forestry.
- Securities Litigation – We act for capital market participants including public issuers, bidders and target companies, institutional shareholders, investment dealers, securities advisers and registrants in proceedings before the courts, securities commissions and self-regulatory organizations.
- White-Collar Crime, Investigations and Compliance – We act for both the Crown and the defence in high-profile cases, including secret commissions, civil and criminal fraud, conspiracy, tax evasion, misrepresentation, breach of fiduciary duty and breach of trust.
Representative Work
Acted for PricewaterhouseCoopers LLP in defense of a $5 billion claim arising from the Madoff fraud as the only action to be filed in Canada and one of the few actions brought by a liquidator who entrusted assets to Bernard L. Madoff Investment Securities LLC.
Acting for BMW in several putative class actions launched in Ontario, Quebec, BC and Saskatchewan in an action related to Takata airbags.
Acting for Microsoft Corporation and Microsoft Canada Co. in a class action involving allegations of wrongful and anti-competitive behaviour and as a result engaged in overcharging for its Intel-compatible PC operating systems and Intel-compatible PC applications software.
Acting for BC Hydro Power and Authority in nine judicial reviews of the Site C project approvals and permits which have been dismissed or discontinued, three appeals which have been dismissed, an injunction against the permits which was successfully resisted, and an injunction against a group of protesters which was obtained.
Acted Imperial Parking Canada Corporation in successfully defeating certification of a class proceeding against it.
Acted for Lions Gate Entertainment Inc. in the successful defence of a petition filed by the Icahn Group seeking relief from oppression under the Business Corporations Act (BC) in the most significant corporate oppression decision since the Supreme Court of Canada’s judgment in BCE. Acted for IATA in landmark breach of confidence case with respect to its use of the ticketing data transmitted by Sabre in IATA’s PaxIS products. In R v. Jones, Fasken lawyers helped establish new law in Canada with respect to the expectation of privacy for electronic text message communication.
Acted for Nigel Wright, the former Chief of Staff to the Prime Minister of Canada, with respect to an RCMP investigation in connection to the payment of $90,000 to Senator Mike Duffy. Canadian Pacific Railway Co in a class action defence of a mass tort claim brought following the derailment of a train on July 6, 2013 in Lac Megantic. Also acting for CPR in defence to a clean-up order issued by the Quebec Minister of the Environment.
Acted for First Quantum Minerals Ltd. and its subsidiaries in two international arbitrations before ICC and ICSID against the Democratic Republic of the Congo - resulting in a US$1.25 billion settlement. Transaction is considered to be one of the largest recoveries in a sovereign related dispute. Pro Bono counsel in public interest constitutional challenge to the cancellation of British Columbia’s prison mother-baby program.
Acted for Royal Bank of Canada in the defence of class actions brought in British Columbia, Ontario and Québec. The Plaintiff merchants have named Visa, MasterCard and the largest Canadian credit card issuing financial institutions as defendants. Geoff Cowper was appointed by the Minister of Justice and Attorney General the Honourable Shirley Bond to carry out an independent review of the criminal justice system in British Columbia.
Acted for Moulton Contracting Ltd. at the Supreme Court of Canada in an important ruling that found resorting to self-help remedies such as blockades is an abuse of process.
Acted for H. Lundbeck A/S in a major victory wherein the Federal Court of Canada issued a judgment maintaining the validity of the patent of Lundbeck on the drug escitalopram, one of the most successful antidepressants in the world. This is the fourth battle won by Lundbeck against Apotex.
Acted for the Dr. Peter AIDS Foundation and Canadian Civil Liberties Association before the Supreme Court of Canada in a landmark unanimous decision that the refusal of an exemption from drug laws to allow North America’s first supervised injection site to continue was arbitrary as contrary to scientific evidence of Insite’s health benefits, and violated the Charter.
Last updated March 6th 2018
Canada
The firm formerly known as Fasken Martineau DuMoulin has been re-branded as simply "Fasken," touting a forward-thinking approach that mirrors the relative "youth and headroom" of the personnel composing its litigation bench. The firm boasts an international footprint, with offices in the UK, France, and South Africa, but is known first and foremost as a Canadian institution. Offices of equal stature spread across four provinces within Canada, with locations in Vancouver, Toronto, Ottawa, Calgary, Montréal, and Québec City.
British Columbia
The firm's Vancouver office is roundly championed as being the busiest and most revered in the city. "Not a day goes by when I don't run into someone from Fasken," testifies a peer, "and I've been impressed by every one of them." Litigation group leader Geoffrey Cowper, who is unanimously namechecked by peers, was recently brought on to provide lead counsel for Microsoft in a certified class action brought by indirect purchasers of PC software, and has also provided counsel to Royal Bank of Canada in ongoing competition-related class actions regarding interchange fees. These cases also involve class actions specialist Andrew Borrell. "Cowper and Borrell were brought on by Microsoft when things got serious," ventures a peer. "If that case winds up going all the way, you couldn't ask for a better team." Plaudits also run high for Mark Andrews, who lays claim to a lead role in some the province's most controversial and hotly contested project litigations. Andrews is lead counsel for BC Hydro in litigation against the client's Site C project, the largest public infrastructure project in the history of BC. "In the field of natural resources, commercial and regulatory litigation, Mark Andrews is a revered figure," asserts a client. Another star seeing his profile surge inexorably, Andrew Nathanson is, along with Andrews, counsel to Nevsun Resources in a case seeking class-action status for Eritrean nationals who allege that Nevsun is liable for forced labor, slavery, torture and crimes against humanity, as well as torts recognised under BC law, for conduct that allegedly occurred at Nevsun's subsidiary's mine in Eritrea. Among other issues, the case raises questions including whether foreign nationals can sue Canadian parent companies in Canadian courts for alleged human rights abuses committed abroad. In a judgment from November 2017, the Court of Appeal for British Columbia dismissed Nevsun's appeal from the dismissal of preliminary applications raising these issues. Tracey Cohen is yet another Vancouver partner who has seen her star rise continually. "Tracey is very active and tough as nails but always professional," declares a peer. "In the commercial dispute and sherholder oppression arena, she is one of the leading lights."
Ontario
The Toronto office earns particular recognition for its activity in the class actions capacity. Laura Cooper, along with privacy authority Alex Cameron, is defending Equifax in a privacy class action relating to a cybersecurity incident that allegedly impacted the private personal information of approximately 20,000 Canadian consumers. Proceedings have been commenced in the courts of four provinces. In a class action with a product liability angle, Peter Pliszka, along with future star Antonio Di Domenico, has been retained by FCA to represent it in numerous ongoing actions alleging that the emission systems in two of the client's vehicles are designed in such a way as to perform differently under regulatory testing conditions than in "real-life" operation, with the result that the vehicles met regulatory testing requirements but then emit more diesel emissions when operated in real life. Sarah Armstrong represents PwC in the defense of a multibillion-dollar class action related to the stock loss drop of Valeant Pharmaceuticals in 2015. Numerous class actions were commenced in Canada, and a consortium of plaintiff counsel are representing a global class of purchasers of Valeant securities.
Québec
The firm's Montréal office is considered a go-to for areas like class actions, product liability, insolvency and intellectual property. It is also unique in that it has litigators dedicated to areas like international trade and franchise law. In the latter specialty, Frédéric Gilbert is considered "a real standout, just a tireless go-getter who exudes confidence and elan, and has the goods in court to back it up." Gilbert represents former franchisees of Qualinet, a specialist in post-disaster restoration who are suing their franchisor for a $26 million award, alleging false declarations, fraud and major contractual shortcomings. Product liability star Martin Sheehan acts for Daiichi in a putative national class action launched in Québec. The petitioner seeks authorization to institute a class action on behalf of all persons in Canada who were prescribed and who consumed the drug olmetec and/or olmetec plus. The claim alleges that the drug had adverse side effects about which the respondents filed to warn. Beyond product liability, Sheehan, along with class actions specialist Andre Durocher, represents Netflix, Spotify and Rogers in a proposed class action filed against a total of 25 defendants, alleging violation of the Consumer Protection Act which prohibits merchants from requiring a consumer who is offered a service or product at a reduced price or free of charge for a period of time to send a notice indicating that they do not wish to be provided the service at the regular price.
Alberta
The firm's Calgary office opened in 2003, and with the arrival of Alex Kotkas and Karen Wyke a year later from McCarthy Tétrault, the firm's litigation department sprang to life. Kotkas and Wyke practice commercial litigation with a slant toward specialties such as construction and aviation. Kotkas is co-lead counsel in Saipem v. Husky, an oil sands construction claim. He is also lead counsel for the former CFO of Penn West in a national class actions arising from a restatement of Penn West's financial statements. Gulu Punia generates peer acclaim for his practice that includes employment law with commercial aspects. "Gulu is coming up strong on these cases," supports a peer. "Some of them have messy facets to them, but he doesn't flinch, and he also has an optimistic, engaging personality that is comforting to a client."
Alberta
Benchmark Rankings
NEW 2018 RANKINGS
Highly Recommended |
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Bennett Jones |
Blake Cassels & Graydon |
Borden Ladner Gervais |
Burnet Duckworth & Palmer |
JSS Barristers |
Peacock Linder Halt & Mack |
British Columbia
Benchmark Rankings
NEW 2018 RANKINGS
Ontario
Benchmark Rankings
NEW 2018 RANKINGS
Québec
Benchmark Rankings
NEW 2018 RANKINGS
Highly Recommended |
---|
Blake Cassels & Graydon |
Borden Ladner Gervais |
Davies Ward Phillips & Vineberg |
Fasken |
IMK |
McCarthy Tétrault |
Norton Rose Fulbright-Canada |
Stikeman Elliott |
Woods |
Recommended |
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Belleau Lapointe |
Dentons |
Gowling WLG |
Langlois Lawyers |
Lavery |
LCM Avocats |
Osler Hoskin & Harcourt |
Renno Vathilakis |
Smart & Biggar/Fetherstonhaugh |
Torys |
Attorney | Ranking | Practice Areas |
---|---|---|
Andrews, QC, Mark | Top 50 Trial Lawyers in Canada , Litigation Star | General Commercial , Securities |
Armstrong, Sarah | Litigation Star | Class Action , General Commercial |
Beaudry, Philippe-Charest | Future star | |
Bedard, Eric | Litigation Star | Labor and Employment |
Béliveau, Luc | Insolvency | |
Bernard, Annie | Future star | |
Berrow, Richard | Litigation Star | Insurance |
Borrell, Andrew | Litigation Star | Class Action , General Commercial , Product Liability |
Brotman, Stuart | Future Star | |
Bystrom, Christopher | Litigation Star | Energy and Natural Resources |
Cicchetti, Tina | Litigation Star | Arbitration |
Cohen, QC, Tracey | Litigation Star | General Commercial , Securities |
Cooper, Laura | Litigation Star | Class Action |
Coval, Simon | Litigation Star | General Commercial , White Collar Crime |
Cowper, QC, Geoffrey | Top 50 Trial Lawyers in Canada , Litigation Star | Arbitration , Class Action , General Commercial , Securities |
Desrosiers, Julie | Litigation Star | Intellectual Property |
Di Domenico, Antonio | Future Star | |
Downard, Peter | Litigation Star | Defamation |
Durocher, André | Litigation Star | Class Action |
Feldberg, Peter | Litigation Star | Energy and Natural Resources |
Forlini, Enrico | Arbitration , Class Action , General Commercial , Securities | |
Forrest, Gideon | Litigation Star | Arbitration , General Commercial |
Francis, Jenny | Litigation Star | General Commercial , Securities |
Ghikas, Matthew | Litigation Star | Energy and Natural Resources |
Gilbert, Frédéric | Alternative Dispute Resolution , Franchise | |
Greenberg, Brook | Litigation Star | General Commercial |
Grieve, John | Litigation Star | Insolvency |
Harrison, Robert | Top 50 Trial Lawyers in Canada , Litigation Star | General Commercial , Insurance , Securities |
Hausman, David | Litigation Star | Securities |
Jackson, Kibben | Litigation Star | Insolvency |
Kauffman, Aubrey | Litigation Star | Insolvency |
Kirby, Peter | Arbitration , General Commercial , Product Liability , Trade | |
Kotkas, Alex | Litigation Star | Arbitration , General Commercial |
Lancaster, Jonathan | Litigation Star | General Commercial , Product Liability |
Lavalée, Stéphanie | Future star | |
Lavallée, Stéphanie | ||
Lonergan, Robert | Litigation Star | Aboriginal , Energy and Natural Resources |
Lysak, Travis | Future Star | |
Maladwala, Zohaib | Future Star | |
Mantas, Peter | Litigation Star | Defamation , General Commercial , Media and Entertainment |
Martin, Paul | Litigation Star | Class Action |
Maxwell, Robert | Litigation Star | General Commercial |
McRobie, Ronald | Litigation Star | Labor and Employment |
Monahan, Paul | General Commercial , Securities | |
Moore, Bradley | Future Star | |
Nathanson, Andrew | Litigation Star | General Commercial , White Collar Crime |
Nitoslawski, Marek | Litigation Star | Intellectual Property |
O'Callaghan, Kevin | Litigation Star | Aboriginal |
O'Neill, QC, Kevin | Litigation Star | Labor and Employment |
Parrish, Michael | Top Litigator Under 40 , Litigation Star | Insurance , Product Liability |
Pliszka, Peter | Litigation Star | General Commercial , Insurance , Product Liability |
Pontin, Mark | Future Star | |
Pratt, Tracy | Aboriginal | |
Punia, Gulu | Litigation Star | General Commercial , Labor and Employment |
Ranking, Gerald “Gerry” | Litigation Star | Arbitration , General Commercial , Professional Liability |
Rickett, Sam | Litigation Star | General Commercial |
Riendeau, Alain | Litigation Star | General Commercial , Insolvency |
Rosenbaum, David | Litigation Star | General Commercial , Insurance |
Rosenhek, Steven | Antitrust , Competition | |
Round, Michael | Litigation Star | Competition , General Commercial , Product Liability |
Sells, Berkley | Litigation Star | General Commercial |
Semerjian, Chris | Future star | |
Sheehan, Martin | Litigation Star | General Commercial , Product Liability |
Simard, Eric | Litigation Star | Construction , General Commercial |
Smitheman, Neal | Litigation Star | Aboriginal , Environmental , General Commercial |
Stewart, Curtis | ||
Toppings, Vera | Future Star | |
Trepanier, Christian | Litigation Star | General Commercial |
Willms, Charles “Chuck” | Litigation Star | Aboriginal , Competition , Environmental , General Commercial |
Wyke, Karen | Litigation Star | Class Action , Construction , Energy and Natural Resources , General Commercial , Product Liability , Securities |
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