Acting for the New York Stock Exchange, on the recognition and enforcement of a multi-million dollar arbitration award against a Canadian company who underpaid market data fees.
Acted for a well-known divestiture expert in a successful application to recover a contingent fee bonus provided for in its contract in relation to a transaction in which it assisted its client to sell a business for an amount well in excess of the target price the client had hoped to get. We prevailed over arguments that the clause was ambiguous and unenforceable, and the Court ordered that the full amount of the fee bonus be paid.
Acting in the Hollinger Inc. CCAA litigation, and in defence of Hollinger Inc.’s claims against its former directors and officers; issues recently have included the propriety of third party releases (or “bar orders”) to effect partial settlement of claims, and the use of sealing orders to redact documents in the publicly-available court file.
Frequently retained as Independent Supervising Lawyer on the execution of Anton Piller orders.
ACTIV Financial Systems v. Orbixa : successful recognition and enforcement of US arbitral award and judgment in Ontario.
Acted for a law firm in a claim arising out of an M&A transaction; allegations concern whether there was due consideration given to a large contingent liability represented by existing litigation; successfully disposed of the action on summary judgment.
Noori v. Abdin: successfully compelled an election within a charitable organization that operates a mosque; the board of directors was entirely replaced.
Acting for a number of former officers and directors, protecting their interests in major corporate insolvencies.
Acting for a senior executive who was dismissed from her role at a publicly traded company. Issues include constructive dismissal and entitlement to stock options.
Regularly act for parties in shareholder disputes, including in closely-held corporations.
Acted for an industrial manufacturer in a dispute with a long term supplier, leveraging the dispute into a new long term fixed price contract.
DeWolf v. Bell ExpressVu: Acted for Bell ExpressVu in a class action brought by subscribers charged administration fees for late payment of accounts; the plaintiff claims the fees amount to interest at a criminal rate. The Court of Appeal granted summary judgment and dismissed the class action: the administrative fees charged by Bell ExpressVu were found not to constitute interest, and instead, to be fees which are, in substance, a reimbursement to Bell ExpressVu of administration costs and, as such, not a charge “paid or payable for the advancing of credit”. The Supreme Court of Canada refused leave to appeal.
Poulin v. Ford and Magna: Acted for Ford in a putative class action brought with respect to allegedly defective door latches in over 300,000 trucks. The plaintiff’s motion for certification was defeated, and the motions judge ordered the U.S. law firm he found was underwriting the litigation to pay costs on a substantial indemnity scale. An appeal to the Divisional Court on the merits was dismissed; the appeal on the costs issue was allowed.
Ford v. OMERS: Acted for Ford of Canada and Ford Motor Company in a Commercial List trial, appeal and Supreme Court of Canada leave application in a complex minority shareholder claim arising out of Ford Motor Company’s compulsory acquisition of Ford of Canada’s publicly traded shares. Issues included the appropriateness of Ford’s North American transfer pricing regime between 1965 and 1995; the application of the business judgment rule to the board of directors of a publicly-traded subsidiary; the valuation of the Ford entity in Canada, Australia and New Zealand; the ability of shareholders to claim the oppression remedy for periods prior to their ownership of shares; and the application of the Limitations Act to opp