Robert Frank

Partner
Norton Rose Fulbright Canada LLP

Robert Frank

Robert Frank

vCard

Biography

Rob Frank acts as an advocate and advisor to Canadian and multinational corporations, private companies and entrepreneurs in a broad range of complex corporate-commercial, transnational, regulatory, environmental and employment disputes. His experience includes jurisdiction and other private international law disputes, disputes relating to cross-border evidence gathering, injunctions, breach of contract and misrepresentation claims, oppression and other shareholder claims, takeover bids, plans of arrangement, environmental contamination claims, wrongful termination claims, and regulatory matters before the Ontario Energy Board.

Rob has appeared as counsel before the Ontario courts, the Supreme Court of Canada, and numerous tribunals and arbitration panels.


Professional experience

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LL.M., McGill University, 2000
B.C.L./LL.B., McGill University, 1992
B.Sc.(Hons.), McGill University, 1988

  • Ontario 1994
  • Quebec 1996

Mr. Frank has acted as counsel or as a member of the legal team in connection with the following mandates:

  • Chevron Corp. in in obtaining the dismissal of action to enforce in Canada a US$9.5-billion judgment obtained against Chevron Corp. in Ecuador, which judgment was found to have been obtained by fraud and corruption after a trial and all appeals in the United States, as well as by an international arbitration tribunal
  • FTI Consulting Canada Inc., acting in its capacity as the court-appointed Monitor of Sears Canada in respect of a statutory claim to recover a $509 million dividend payment on the basis that the distribution was a reviewable transaction and paid with the intention to defraud, defeat or delay Sears Canada's creditors
  • A former shareholder of a private company with respect to claims and counterclaims in excess of $30 million relating to breach of contract, oppression, breach of fiduciary duty, misrepresentation, wrongful conversion and misappropriation of funds
  • A Russian state enterprise, ARMZ Uranium Holding Co, in obtaining the dismissal of a $300 million claim in Canada brought by a joint venture partner on the basis of sovereignty and security objections, successfully opposing an attempt by the plaintiffs to obtain an order validating service of a statement of claim abroad in contravention of the Hague Convention on Service
  • Talisman Energy, Inc. in successfully resisting letters of request from US Courts to Canadian courts for evidence from Canadian residents
  • Falconbridge Inc. (now Glencore Canada Corporation) in a dispute relating to the scope and application of the right to gather evidence in Canada pursuant to the Mutual Legal Assistance Treaty between Canada and the United States
  • An investor in a publicly traded mining company seeking $25 million in damages for negligent misrepresentation with respect to the preparation of National Instrument 43-101 technical reports
  • National Bank of the Republic of Kazakhstan in successfully obtaining a permanent stay of proceedings of a civil action on the basis of sovereign immunity, jurisdiction, res judicata and the doctrine of forum non conveniens
  • A multinational power management company in civil proceedings relating to the historical operations of its subsidiary alleged to have caused property damage stemming from migration of environmental contamination, and related complex statutory limitation period issues
  • A Canadian telecommunication company seeking injunctive proceedings with respect to picketing in connection with a labour dispute

 

  • McGill University, Wainwright Scholarship, 2000.
  • "Strong medicine and a bitter pill: Ontario court upholds shotgun clause despite COVID-19 pandemic" Publication | December 2020
  • "Ontario Court Clarifies Law Around Preparing Expert Reports" Publication | February 2015
  • "Ten Things to do if Sued in the United States or Canada" Publication | October 2014
  • "Transnational Corporate Liability For Human Rights Violations" Publication | June 2014
  • "Corporate Social Responsibility: A New Era of Transnational Corporate Liability For Human Rights Violations?" Publication | September 2013
  • Brownfields Regulation and Compliance: What's New for 2019, "Law, liability and due diligence: What site owners and consultants need to know" (Canadian Environmental Conference and Tradeshow (CANECT), May 7, 2019) Vaughan, Ontario
  • Brownfields: Regulation, Liability & Best Practices, "Law, liability and due diligence: What site owners and consultants need to know" (Canadian Environmental Conference and Tradeshow (CANECT), May 8, 2018) Vaughan, Ontario
  • Cyber Liability and the Potential Impact on Directors & Officers,  "Why Cybersecurity is Not Just an IT Issue But Engages the Board and C-Suite" (Professional Liability Underwriting Society (PLUS), June 10, 2015) Toronto, Ontario
  • "Jurisdictional Considerations in Mining Disputes" (Norton Rose Fulbright Canada, June 17, 2014) Toronto, Ontario
  • "Dispute Resolution in International Transactions", Issues and Solutions, (Norton Rose Fulbright Canada, March 28, 2012) Toronto, Ontario
  • Law Society of Upper Canada
  • The Advocates' Society
  • Canadian Bar Association
  • Ontario Bar Association
    • Ontario Bar Association Insolvency Executive, co-chair, program planning (2002 – 2003)
    • Ontario Bar Association Insolvency Executive, member-at-large (2002)
  • Governor, Havergal College Board of Governors (September 2020 - present)