MONIQUE JILESEN is a partner at Lenczner Slaght.

Her civil litigation practice encompasses complex commercial litigation matters, professional liability, securities and restructuring and insolvency litigation.  She appears as lead counsel in the Superior Court of Justice and the Court of Appeal and has an active practice before the Toronto Commercial List.   She has also been involved in private local and international arbitrations. 

Monique also provides advice to and appears on behalf of health professions colleges and has appeared before the College of Physicians and Surgeons of Ontario.  She has appeared before the Ontario Securities Commission and other administrative tribunals.

Monique teaches Trial Advocacy at Osgoode Hall Law School, in the Intensive Trial Advocacy Course and for the Advocates’ Society.  She is a member of The Advocates’ Society, the Canadian Bar Association and the International Women's Insolvency & Restructuring Confederation.

Monique has a B.A. (Hons.) from Queen’s University and graduated from Osgoode Hall Law School with an LL.B. in 1998. She articled with Lenczner Slaght and was admitted to the Ontario Bar in 2000.

CASES

A representative list of Monique’s cases follows:

Canadian National Railway Co. v. Google Inc. [2010] O.J. No. 2230 - successfully obtained removal order in respect of a defamatory blog.
 
Barclays Bank PLC v. Metcalfe & Mansfield Alternative Investments VII Corp. (Trustee of) [2010] O.J. No. 1932  - motion for interpretation of an order bifurcating the trial.
 
First Waste Utilities Canada Ltd. (Re) 2009 ONCA 897 - successfully defended appeal of an order approved transaction in a bankruptcy.

Canada v. Granitile Inc., 2009 CanLII 20710 (ON S.C.) - successful motion to dismiss action as a result of fraud and abuse of process.

R. v. Granitile Inc., [2008] O.J. No. 4934 - trial judgment obtained by fraud successfully set aside after lengthy trial.

Hemosol (2007), 37 C.B.R. (5th) 128 – successful motion for payment of a success fee to an investment advisor for conducting a marketing process undertaken by the Receiver. 

Calpine Canada Energy Ltd. (Re) – member of the Lenczner Slaght team of Canadian counsel to Calpine Corporation in the complex, cross-border Calpine insolvency proceeding which included CCAA proceedings in Alberta and simultaneous Chapter 11 proceedings in the U.S. Bankruptcy Court. 

Canadian Power Developers Group Inc. v. Calpine Power L.P., [2007] O.J. No. 3689 – successful motion to dismiss claim for unjust enrichment as disclosing no cause of action.

Oakville (Town) v. Birchgrove Estates Inc. (2007), 228 O.A.C. 154 – motion for leave to appeal a decision of Municipal Board rescinding appointment of a member of Conservation Review Board to Municipal Board and decision directing Town to permit relocation of two heritage buildings

Larry v. Triple M Metal Inc. (2006), 54 C.C.E.L. (3d) 78 – lead counsel for the defendant at trial of wrongful dismissal claim.  Successfully defended claim for portion of profit sharing plan.

C.S.A.E. Inc. v. Air Service S.A., [2006] O.J. No. 5523 – successful defence of motion to stay or dismiss application on the basis that it was not commenced with the authority of the applicant and on the basis of forum non conveniens.

Motion Picture Distribution Inc. v. Loewy, [2006] O.J. No. 3476 – motion for injunctive relief enjoining defendant from using confidential information, competing with or soliciting employees from the plaintiff.

Austin v. Overs, [2006] O.J. No. 2295 – successful motion by the defendants to strike claims for oppression and breach of fiduciary duty.

Muscletech Research and Development Inc. (Re) (2006), 23 C.B.R. (5th) 240 – motion by a creditor in CCAA proceedings to be included in court ordered mediation process.

Catalyst Fund General Partner I Inc. v.  Hollinger Inc. (2005), 79 O.R. (3d) 70 (C.A.) – successful motion by the court appointed Inspector to examine a witness under oath, in face of an argument that it violated constitutional rights which protected self-incrimination.

Adair (Litigation administrator of) v. Hamilton Health Sciences Corp. (2005), 32 C.C.L.T. (3d) 283 – appeared on behalf of defendant physicians in a medical negligence claim alleging a failure to diagnose in a timely fashion.

Air Canada (Re) (2004) – appeared as counsel in various motions and proceedings on behalf of Ernst & Young Inc., court appointed Monitor to Air Canada in complex CCAA proceedings.

Ice Gardens at York University Inc. v. Parmalat Dairy and Bakery Inc., [2004] O.J. No. 1083 – lead counsel at successful trial of an action by the Ice Gardens for breach of contract for failing to pay for naming rights.

Ostroff v. Ramnarine, [2003] O.J. No. 3818 – lead counsel in successful defence of a trial of an action for the repayment of an advance of funds put into a business venture.

Horton Plaza Inc. v. Richtree, [2002] O.J. No. 4025 – motions for summary judgment by plaintiff and defendant in an action for breach of a lease.

Vale v. Roland (2002), 33 C.P.C. (5th) 318 – successful motion by the defendants for an order quashing notices of examination and a motion to set aside a consent order on the grounds that the notices and motion were frivolous, vexatious and an abuse of process

Kurek v. Brown,  [2002] O.J. No. 963 (C.A.) – lead counsel defending appeal of a successful motion dismissing a third party claim on the grounds that it was statute barred.

Mega Blow Moulding Ltd. v. Sarantos (2001), 16 B.L.R. (3d) 52 – successful application by the defendants for an order to dismiss the action of the plaintiff because it was commenced without proper authority.

Coopers & Lybrand v. Richter & Associés Inc, [2001] O.J. No. 1087 (C.A.) – appeal of a refusal to set aside a default judgment.

Peterson v. Ontario (Securities Commission), [2001] O.J. No. 1495 (Div. Ct.) – application to quash the notice of hearing of the Ontario Securities Commission on the grounds of bias.

Kelebay v. Petruck, [2001] O.J. No. 1751 – successful application for a declaration that the applicant was the sole shareholder of a company. 

Granitile Inc. v. Canada, [2000] O.J. No. 2285 – successful motion on behalf of the Crown seeking to adjourn a reference on damages, pending the hearing of a motion to set aside a trial judgment on the grounds that it was fraudulently obtained.