DENA VARAH is an associate at Lenczner Slaght.

Dena has a B.A. (Honours) in History from McGill University and graduated from the Faculty of Law, University of Toronto with a J.D. (Honours Standing) in 2003. She clerked for the judges of the Court of Appeal for Ontario before joining Lenczner Slaght.

Her civil litigation practice encompasses a wide-range of corporate and commercial cases, including shareholder disputes and oppression claims, contract disputes, professional negligence cases, class action defence, employment/wrongful dismissal matters, and administrative and insurance law. She has appeared on numerous occasions before the Superior Court of Justice and the Court of Appeal of Ontario as well as before administrative tribunals and in private arbitration.

Dena has acted as a mentor to University of Toronto law students and has taught legal ethics to first year students during the University of Toronto bridge week. She is a member of the Advocates’ Society and the Ontario Bar Association.

CASES

A representative list of Dena’s cases follows:

Link v. Venture Steel (Released November 14, 2008 – Ont. Sup. Ct.) – successful trial on behalf of the plaintiff for wrongful dismissal and payment for shareholdings and options.

Gore v. College of Physicians and Surgeons, [2008] O.J. No. 3757 (Div. Ct.) – application for judicial review of the powers of the College of Physicians and Surgeons to observe physicians performing medical functions and to compel an interview.

Windsor Regional Hospital v. Bordoff (Sup. Ct.– unreported. Released October, 2008) – trial of a cross-claim between the Hospital and the Defendant Physicians regarding the care of a psychiatric patient.

Barber v. Vrozos, [2008] O.J. No. 3357 (Sup. Ct.) – trial regarding claims of negligent misrepresentation and interference with contractual relations involving the water rights at a major concert.

Deol v. Grewal, [2008] O.J. No. 3355 (Sup. Ct.) – trial to determine the composition of the board of directors and the members of a non-profit corporation.

Animal House Investments Inc. v. Lisgar Development Ltd (2007), 87 O.R. (3d) 529 – application involving a shareholder dispute in closely held company where the applicant was seeking a just and equitable winding-up.

Revell v. Heartwell (Sup. Ct. – unreported. Released Spring, 2008) – trial in defence of a plastic surgeon alleged to have negligently performed reconstructive surgery.

Impact Tool & Mould Inc. (Estate Trustee of) v. Impact Tool & Mould Inc. (Interim Receiver of), [2006] O.J. No. 958 (C.A.) – appeal regarding the discretion of the court to restrict the ability of a trustee in bankruptcy to provide the inspectors and creditors of the bankrupt estate with access to books, records and other documents of the bankrupt.

Smith v. Toronto Police Assn., [2007] O.J. No. 746 (Sup. Ct.) – successful application to declare the actions of a non-share capital corporation to be ultra vires the constitution. The Court of Appeal affirmed that the actions were ultra vires, [2008] O.J. No. 27 (C.A.).

Rexdale Singh Sabha Religious Centre v. Chattha, [2006] O.J. No. 4698 (C.A.) – successful appeal from a decision setting the membership of a non-share capital corporation on the basis that proper procedure had not be followed.

Houlihan v. Caskey, [2006] O.J. No. 3503 (C.A.) – medical negligence trial successfully defending a physician against the allegation that he negligently prescribed Viagra to his patient.

Trevor Nicholas Construction Co. v. Canada (Minister for Public Works), [2005] F.C.J. No. 1579 – lead counsel on a successful appeal from the decision of a prothontary striking out portions of an affidavit as irrelevant and privileged.

Apotex Inc. v. Ontario (Minister of Health and Long-Term Care), [2005] O.J. No. 3848 (C.A.) – successful at quashing an appeal as moot. The issue was the extension of a cut-off date for the completion of drug submissions.

Ferrara v. Tabatabi, [2006] O.J. No. 4900 (C.A.) – appeal from a trial of an issue on whether a contract existed to purchase a piece of property.

Wexler v. Suncor Energy Products Inc., [2007] O.J. No. 994 (Div. Ct.) – successfully resisted leave to appeal to Divisional Court regarding the representative to be examined for discovery on behalf of a corporation.

Ellins v. Coventree Inc., [2007] O.J. No. 1118 (Sup. Ct.) – application for oppression by minority shareholders.

Currie v. Symcor Inc., [2007] O.J. No. 3225 (Sup. Ct.) – motion on questions refused on the basis of irrelevance and solicitor-client privilege.

Politsky v. C.I. Mutual Funds Inc., [2007] O.J. No. 3300 (Sup. Ct.) – motion to strike third party pleadings pursuant to Rule 51.06(1).