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Litigation

Our litigators have in-depth trial and appellate experience and regularly appear before all levels of the Courts in Canada, and before arbitrators and administrative tribunals. The depth of our team, our seamless integration across offices and our impressive experience means we can respond swiftly and efficiently to disputes from the early stages to resolution.

We have a leading litigation practice:

  • Comprehensive experience – We have comprehensive experience in a wide variety of areas under both common law and civil law including: commercial litigation; class actions; shareholder / proxy disputes; securities litigation; product liability; bankruptcy and insolvency; construction law; competition law; administrative law; professional discipline and liability; asset tracing and recovery; commissions of inquiry, inquests and parliamentary committees and commissions; constitutional law; e-commerce; food and drug regulation; franchising; language legislation; libel, defamation and media law; maritime and land boundary delimitations; medical malpractice and personal and injury claims; and complex employment law disputes.
  • Focus on our client’s objectives – As advocates and advisors, we work closely with our clients to develop solutions that best fit their business goals. We help achieve early settlement when that is the right thing to do. We guide clients to alternative dispute resolution methods to prevent lengthy litigation when appropriate. However, we are always prepared to go to trial and excel at managing complex, document-intensive, multi-party and multi-jurisdictional disputes.
  • Full service support – We offer you: experienced paralegals who handle all document-intensive files efficiently and cost-effectively; litigation-support software applications that simplify case management of large files; and dedicated legal research team and customized enterprise data bank that permits rapid retrieval of research, legal opinions, draft proceedings and contracts.
  • Global practice – Our litigation experience in Canada is supplemented by our dispute resolution and litigation practice across the world in the United States, Europe, Australia, Latin America, Asia, Africa, and the Middle East.

Rankings and accolades

  • Legal 500 (2014-15): Dispute Resolution: Alberta and Quebec – Tier 1
  • Chambers Global (2013-15): Dispute Resolution: Alberta and Quebec - Band 1
  • Benchmark Litigation (2013-14): Highly Recommended in Alberta and Quebec
  • Benchmark Litigation (2013-14): Recommended in Ontario
  • Canadian Legal Lexpert Directory (2014-15): Insolvency & Financial Restructuring, Litigation -Commercial Insurance, Litigation - Corporate Commercial, Litigation – Corporate Tax, Litigation – Intellectual Property, Litigation – Product Liability and Litigation – Securities

Select client work

  • TELUS, one of Canada’s largest telecommunications companies, in a successful proxy fight with Mason Capital related to TELUS’ plan of arrangement to collapse its dual class share structure and Mason’s “empty voting” strategy.
  • BCE Inc. in its claim against the Ontario Teachers’ Pension Plan and two US investment firms for a $1.2 billion break fee with respect to their termination of an agreement with respect to the proposed purchase of BCE. The proposed purchase was at the time the largest leveraged buyout ever attempted, with an enterprise value of $52 billion.
  • Chevron Corp. in the defence of attempts to enforce in Canada a US$9.5 billion judgment obtained against Chevron Corp. in Ecuador, which judgment has been found after a trial in the United States to have been obtained by fraud and corruption, and is being challenged as well before an international arbitration tribunal. The initial issue is whether the Ontario court has jurisdiction to hear the claim when Chevron Corporation has never had any presence nor assets in the province.
  • Resolute Forest Products Inc. in its $130 million hostile takeover of Fibrek, including successfully defending against various challenges before securities commissions and the courts related to a rival offer.
  • Suncor Energy in successfully opposing certification of a proposed class action in Quebec based on the alleged miscalibration of gas pumps.
  • Hydro-Québec, one of Canada’s largest utilities, in defence of proceedings by Churchill Falls (Labrador) Corporation Limited seeking to increase the price for electricity Churchill Falls until 2041.
  • Quebecor Media Inc. in negotiations with the City of Québec for the management and operation of a $400 million multipurpose arena to be built in the city and in legal proceedings taken by opponents of the project.
  • Iron Ore Company of Canada and the Quebec North Shore & Labrador Railway in defence against a $900 million claim brought by two Innu communities of northern Quebec. The plaintiffs allege that IOC’s activities have interfered with aboriginal and treaty rights claimed by the Innu.
  • Intact Compagnie d’assurance (AXA – Guarantee division) in its claim against C.F.G. Construction Inc. for indemnities due in the context of its financial restructuring under the Bankruptcy and Insolvability Act.
  • Government of Canada, in the defence of multi-billion dollar aboriginal claims related to oil gas production and handling of revenues therefrom. First phase successfully defended through a four-year Federal Court trial, the Federal Court of Appeal and the Supreme Court of Canada. Currently proceeding with the remaining issues in the multi-phase case and in similar case brought by another First Nation.
  • TransAlta Generation Partnership, in arbitrations related to various issues arising under 20-year power purchase arrangements. Several relate to the use of indices for the escalation of costs, and others relate to operational and technical issues.
  • Pfizer Canada Inc. and Pfizer Inc. in a $150 million class action claim regarding the medication marketed under the name CHAMPIX.
  • Nortel Networks Ltd. in multiple proceedings before the Ontario courts with respect to numerous multi-billion dollar complex, cross border insolvency and restructuring issues.