Partner and coordinator of the Montréal Litigation practice group, Nick has a well-rounded practice in general corporate and commercial litigation matters with a strong focus in class action defence work, particularly in the securities and competition law fields. He has also acted in shareholder oppression and broker’s liability cases, obtaining a broad range of trial and appellate experience, including before the Supreme Court of Canada. Class action defence work comprises the majority of Nick’s practice. He is currently working on several large securities class actions and defending several competition class actions relating to allegations of international price-fixing conspiracies in a number of different industries. He is also currently acting for three major national retailers in the consumer products field defending class actions alleging breaches of the Québec Consumer Protection Act. Named a litigation star in the areas of commercial litigation, competition, securities, class actions and energy and natural resources by Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms & Attorneys, Nick is also recognized as a leading practitioner of corporate and commercial litigation by The Best Lawyers in Canada.
Extended Warranty Class Actions — Acted successfully for Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc. in defence of various class actions instituted on behalf of consumers alleging that the sale of additional warranties breaches the provisions of the Consumer Protection Act.
Group Defamation Class Action — Acted successfully for Metromedia CMR Broadcasting Inc. before the Québec Court of Appeal and the Supreme Court of Canada in the case of Bou Malhab v. Diffusion Métromédia CMR Montréal Inc. et al., a defamation class action brought by a group of taxi drivers in Montréal. The Supreme Court of Canada dismissed the appeal and upheld the decision of the Québec Court of Appeal dismissing the action.
Anti-copying Software Class Action — Acted for SONY BMG Music (Canada) Inc. in the successful defence in a class action based on alleged damages caused by music copy protection software contained in CDs.
Workplace Closure Lawsuit — Acted successfully on behalf of the Canadian Chamber of Commerce in favour of Wal-Mart before the Supreme Court of Canada in an appeal concerning the scope of the employer's right to cease operations, even where the alleged reason for the business closure was the employer's unwillingness to deal with a union that had recently obtained certification of the workplace. The majority of the Supreme Court held that although anti-union animus could, in principle, constitute the basis for awarding compensation under the unfair labour practice provisions of the Québec Labour Code, the wrongful dismissal provisions assumed the continued existence of a workplace.
Generic Drug Price Fixing Class Action — Acted successfully for Pharmascience Inc. and secured the dismissal of a $3.9-billion class action against manufacturers of generic medications in relation to allegations of improper pricing of medications subsidized under the provincial drug insurance system.
Subway Car Tender Lawsuit — Acted successfully for the Société de transport de Montréal (STM) in a dispute with Bombardier Transport Canada Inc. and Alstom Canada Inc. concerning the $1.2-billion contract for the renewal of the cars of the Montréal subway. The Superior Court granted the STM's motion to dismiss the motion for declaratory judgement instituted by the subway car manufacturers.
LCD Panel Price Fixing Class Action — Acting for Chi Mei Optoelectronics in its defence of multiple class actions commenced across Canada alleging price fixing in respect of the sales of LCD panels, including with respect to cross-border issues arising out of parallel U.S. class actions.
Pension Plan Class Action — Acted successfully for Concordia University in the Bisaillon v. Concordia University case before the Supreme Court of Canada. Davies argued that the Superior Court had no jurisdiction to entertain a class action initiated by Bisaillon claiming the payment by Concordia of well over $100 million to the pension fund of its employees.