
Litigation
Commercial Litigation and arbitration
We resolve business disputes for private and public corporations, directors and officers, key employees, shareholders, partnerships and partners, business owners, property owners, creditors and other individuals with commercial claims, including disputes about:
shareholder disputes including claims for oppression, Securities Act violations, dissent and appraisal rights and remedies, and derivative claims;
creditor remedies, including mortgage enforcement proceedings, receivership proceedings, and oppression;
breach of contract;
supply chain issues;
breach of warranty and misrepresentation claims;
breach of fiduciary and statutory duties;
professional liability, particularly claims for professional negligence involving lawyers, auditors, financial advisors, directors & officers, and medical professionals;
fraud claims;
business defamation;
land and property claims, including neighbour disputes, trespass, easements, adverse possession, expropriation claims and Certificate of Pending Litigation;
employment claims by both employees and employers; and
claims for equitable relief including damages for loss of opportunity and/or unjust enrichment, constructive trust claims, claims for knowing receipt/ knowing assistance, Mareva injunctions, Norwich Orders and Anton Piller Orders.
We regularly serve as litigation counsel for debtor companies in pursuit of recoveries from estate claims and are well-versed in the legal and procedural frameworks set out under the Companies’ Creditors Arrangement Act and the Bankruptcy and Insolvency Act.
We have sector-specific experience in Aerospace & Defence, Agriculture, Art & Design, Automotive, Banking, Commercial Property Management, Commercial Real Estate Development, Entertainment & Media, Food & Beverage, Finance & Lending, Forestry, Hospitality, Information Technology, Manufacturing, Medical/ Dental Practices, Mining, Oil & Gas, Retail, Solar Energy, and Technology.
Representative Cases
Advising and representing the Litigation Trustee of 1511419 Ontario Inc. (f/k/a The Cash Store Financial Services Inc.) in advancing the litigation claims of the estate against its former directors, officers, auditors, lawyers, financial advisors and lenders
Representing a major automotive manufacturer with all employment, warranty and supply chain issues
Representing a founding partner in a law firm dissolution arbitration
Representing an accountant in an arbitration disputing the existence of enterprise goodwill
Advising and representing a commercial real estate developer in a series of interwoven claims against its former partners
Representing an agriculture investment company in an action against former partners for fraud, conversion and constructive trust
Representing various microbreweries in equipment manufacturing disputes about brew equipment
Represented the dissenting shareholders of Baffinland Iron Mines Corporation in pursuit of shareholder remedies including a fair valuation for their shares
Represented a major international bank in a mortgage enforcement action
Represented a solar energy provider in a complex commercial arbitration with a former strategic partner
Represented executives in a series of wrongful terminations against an international public company
Represented a minor defendant in a digital trespass (hacking) case
Advised and represented a major Oil & Gas company in a shareholder dispute arbitration
Advised and represented the Litigation Trustee of Hollinger Inc. in advancing the litigation claims of the estate against five groups of defendants, resulting in stakeholder recoveries of about $40M
Acted in a proxy solicitation dispute for non-parties that were ultimately elected to the board of directors of Patheon Inc.
Represented a major Canadian business process services company in a $100 million private arbitration arising from a contractual dispute