Linda Fuerst’s litigation practice covers a broad range of commercial and professional liability matters, with a particular focus on securities litigation, class proceedings and regulatory issues. She has litigated civil, criminal and regulatory matters and has appeared before all levels of court in Ontario, the Supreme Court of British Columbia, the Supreme Court of Nova Scotia and the Nova Scotia Court of Appeal, and represented clients in connection with investigations and proceedings by the Ontario, Alberta and Nova Scotia securities commissions, IIROC, the MFDA and the Competition Bureau. Ms. Fuerst has also directed internal investigations into matters including possible insider trading and backdating of stock options.
Ms. Fuerst began her legal career clerking for the Chief Justice of the High Court of Ontario. She practised criminal law and served as a part-time assistant crown attorney before joining the Enforcement Branch of the Ontario Securities Commission as senior investigation counsel. Following a rotation at the US Securities and Exchange Commission in Washington, DC, she joined a well-known litigation practice in Toronto where she practised from 1994 to 2015.
LL.B., Osgoode Hall Law School, 1981
Ms. Fuerst has acted in the following presentative matters:
- Successful defence of a brokerage firm in a lengthy trial before the Supreme Court of Nova Scotia and appeal to the Nova Scotia Court of Appeal in an action for negligence and breach of contract arising out of the alleged manipulation of shares of Knowledge House Inc.
- Counsel to an investment fund opposing the application by Magna International Inc. to the Ontario Superior Court for approval of a plan of arrangement whereby Magna would indirectly purchase for cancellation all of its Class B multiple voting shares and collapse its dual-class share structure, and on the subsequent appeal to the Divisional Court
- Defence of global financial institution in Ontario class action alleging price fixing in relation to foreign exchange trading
- Representation of two defendants in a securities class action alleging prospectus misrepresentation by Smart Technologies Inc., selling shareholders and others
- Counsel to one of the defendants in a shareholder class action alleging that the defendant company's public offering prospectus and other disclosure documents contained untrue representations
- Counsel to a law firm and one of its partners in shareholder class proceedings alleging fraud and misrepresentation in a prospectus and financial statements, and defence of related OSC proceeding
- Counsel to the defendant airlines in an ongoing class proceeding alleging conspiracy to fix passenger fares, including breach of the Competition Act
- Counsel for reporting issuer in appeal to the OSC from a decision of the TSX to permit the issuance of shares during a proxy fight
- Challenge to the jurisdiction of the OSC to sanction a lawyer for alleged misrepresentations to OSC staff
- Counsel to the respondent auditor in two proceedings brought by the Ontario Securities Commission (OSC) under the Ontario Securities Act, resulting in the first no-contest settlement under OSC Staff Notice 15‑702: Revised Credit for Cooperation Program
Rankings and recognitions
- Chambers Canada, Nationwide: White-Collar Crime and Government Investigation, Chambers and Partners, 2018
- Chambers Canada, Ontario: Litigation - General Commercial, Chambers and Partners, 2018
- Best Lawyers in Canada, 2015-2017: Class Actions Litigation
- Canadian Legal Lexpert Directory, 2015-2017: recommended in Class Actions
- Best Lawyers in Canada, 2014-2017: Corporate and Commercial Litigation
- Canadian Legal Lexpert Directory, 2012-2017: recommended in Litigation - Corporate Commercial, Litigation - Directors' & Officers' Liability, Litigation – Securities
- Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada, 2012-2017: Corporate Commercial Litigation, Securities Litigation
- Best Lawyers in Canada, 2006-2017: Securities Law
- Benchmark Litigation’s Top 250 Women in Litigation, 2014-2016: Top 25 Women in Litigation (Canada)
- Who's Who Legal, 2013-2016: Commercial Litigation
- Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada, 2013: Corporate Commercial, Securities
- Lexpert® Ranked Litigators, Report on Business Special Edition, 2013
- Martindale-Hubbell Distinguished Peer Rating (Securities litigation)
- Osgoode Hall Law School Alumni Association Gold Key Award
- Ms. Fuerst regularly speaks at legal education events and has recently presented on cross‑border issues for litigators, whistleblower programs, directors and officers’ liability, securities law and capital markets regulatory priorities.
Memberships and activities
- The Advocates’ Society Securities Litigation Executive
- Canadian Bar Association National Class Actions Task Force Committee Member (2016)
- Ontario Bar Association
- Former Co-Chair Class Action Section Executive (2015-2016)
- Former Vice-Chair Civil Litigation Section Executive (2015-2016)
- Working Group on Framework for Tribunal Excellence (2015-2016)
- Civil Delays Working Group (2013)
- Litigation Fundamentals Sunrise Series, Coordinator (2012-2015)
- Ontario Securities Commission Securities Proceedings Advisory Committee (2015-2018)
- Women’s White Collar Defense Association
- United Way, Women Gaining Ground - Chair, Fundraising and Cultivation Committee
- Osgoode Hall Law School Alumni Association
- Board of directors (past president)
Please join us on Wednesday, November 1 for a lively debate on these and other issues affecting Canadian tech startups..
Wednesday, November 1, 2017
Join us for a discussion with Jeff Kehoe, director, enforcement at OSC, on Thursday, October 19, 2017..
Thursday, October 19, 2017
At the CBA Annual Meeting on February 15, 2018, a resolution to approve, as best practices, a revised Canadian Judicial Protocol for the Management of Multi-Jurisdictional Class Actions was approved. The resolution also urges Canadian courts that administer class actions to adopt the revised Canadian Judicial Protocol (Revised Protocol)..
February 22, 2018
On August 9, the Ontario Securities Commission (OSC) approved a settlement agreement entered into by Home Capital Group Inc..
August 14, 2017
Linda Fuerst comments that case law around third-party funding in Canada is “still evolving.”.
September 19, 2017
Norton Rose Fulbright is pleased to announce that Benchmark Litigation recognized Mary E. Comeau, Senior Partner, Calgary, Linda Fuerst, Senior Partner, Toronto and Sophie Melchers, Partner, Montreal, in its Top 25 Women Litigators list for 2016.
August 05, 2016