Torys

A Toronto institution since 1941, Torys today commands an enviable level of acclaim and reverence from its peers on Bay Street and beyond. "Torys really does have a kind of pedigree that is tough to beat," observes one peer, "but they've earned every bit of their prestige. That is a very serious group of litigators who love to be at trial." Clients are not short on accolades either; one insists, "Torys lawyers are sensitive to cost concerns; they staff appropriately – both in terms of expertise and complexity of matter – and they are incredibly responsive. They are also exceptional oral advocates and legal writers." With its Toronto headquarters being its only Canadian operation for many years, Torys has expanded westward into Alberta and opened an office in Calgary, bridging the east-west divide and now establishing itself as a litigation resource for the two most dynamic Canadian business epicenters. Through its New York location, the firm is also poised to attend to matters bridging the cross-border divide. Most recently, the firm expanded into Québec, opening a Montréal office to be headed by a new hire, class-actions specialist Sylvie Rodrigue, who the firm poached from Norton Rose Fulbright. "Getting Sylvie was a good coup for Torys," opines a peer, "She is very well respected among the class action bar and splits her time between Toronto and Montréal."

The firm still boasts its deepest bench in Toronto, however, and it is also this office that earns recognition for being one of Canada's most diverse. Insolvency specialist David Bish acted for TD Bank and 15 other lenders in the CBCA and CCAA restructuring proceedings of Lightstream Resources, the largest oil and gas CCAA filing in Alberta to date. Bish also acted as lead counsel for Fairfax in its US$575 million acquisition with Sagard Capital of Performance Sports through cross-border insolvency proceedings. Intellectual property partner Andrew Shaughnessy acts as lead counsel in a biosimilar litigation brought by Amgen against generic manufacturers, and is lead counsel to Pfizer on two PMNOC proceedings heading to hearing in April 2017. Securities star John Fabello is lead counsel to underwriter defendants in a securities class action in which he defeated a motion by the class plaintiff to add claims against the underwriters for statutory primary and secondary market liability. He also, as lead counsel to Deutsche Bank (Nova Scotia), won a motion to dismiss claims in a case involving recovery of damages and loss associated with demise of large technology company. Andrew Bernstein maintains a practice that straddles commercial litigation, intellectual property and public law. He is lead counsel representing Thomson Reuters Canada in a class action brought regarding one of its electronic database products. The issue was initially fair dealing but after settlement it ended up before the Divisional Court on an appeal from refusal to approve the settlement. He also triumphed on behalf of Resource Well Completions in a patent infringement action brought by Packers Plus, an oil and gas services entity in Alberta, concerning a drilling technology used in fracking. The client, one of three defendant entities involved, was vindicated in a December 2017 Federal Court of Canada decision. The case was one of the biggest IP cases in Canada this year and one of the most significant ever in the oil and gas industry. Competition, commercial and class action luminary Linda Plumpton is lead counsel for the Toronto Stock Exchange in appeal of a TSX decision relating to a private placement made in the context of a proxy fight. She also provided lead counsel for Uber in a class action alleging that Uber drivers in Ontario are employees. In January 2018, she succeeded in having the action stayed in favor of arbitration.

Long a firm whose only Canadian operations were in Ontario, Torys has, as of April 2013, penetrated the Québec market as well, with a Montréal office established by class action authority Sylvie Rodrigue, who, along with five associates, remains the only personnel in this office. However, in just over a year, the Montreal office has managed to be involved in most, if not all, new high-profile class actions over and above the cases that followed Rodrigue from Norton Rose Fulbright, from which she decamped to join Torys in 2012. "Time will tell how that firm builds out here," speculates a peer, "but Sylvie is very strong and has a presence and a reputation that may very well prove to attract more top talent." Despite its small size in Montreal, the firm is currently involved in over 20 active class actions. Rodrigue leads a team representing Takeda and Eli Lilly entities in the defense of four proposed class actions in Québec, Ontario, and Alberta relating to the drug ACTOS, a prescription drug used to treat Type 2 diabetes. The claims involve unproven allegations of negligence and failure to warn regarding the increased risks of bladder cancer and bone fractures, and seek substantial monetary amounts. Torys also represents the same entities in multiple individual actions relating to the same drug. Rodrigue also leads a team representing the Canadian, Japanese and American Mitsubishi entities in a number of automotive parts competition class actions concerning price-fixing allegations related to fuel injection systems, car starters, alternators, electronic control units, passenger safety systems, electronic throttle bodies, inverters, ignition coils and valve timing control devices. The Montréal office is also involved in other type of litigation including employment matters, libel actions, regulatory disputes dealer/broker litigation and general commercial litigation. To this end, the firm recently lured Woods alumnus Christopher Richter to its ranks. "Chris is new at Torys but he comes with a great reputation from Woods and is poised to take them beyond to take that firm beyond class actions."