NINA BOMBIER is a partner at Lenczner Slaght.

Her broad litigation practice encompasses commercial litigation, professional negligence and regulatory matters, shareholder oppression, insurance litigation, intellectual property and public law.

Nina has extensive trial experience in complex commercial and regulatory matters, public law and medical malpractice actions.  She has appeared as counsel before all levels of court in Ontario, as well as the Federal Court of Canada and the Supreme Court of Canada.  Nina also regularly appears before a variety of administrative tribunals and boards, both as prosecutor and defence counsel on behalf of professional members.

Nina has taught Trial Advocacy at Osgoode Hall Law School and for lawyers in the Intensive Trial Advocacy Course.  She is a speaker at continuing legal education conferences.  She has written articles in areas spanning pension law, civil litigation and environmental law.

Nina joined Lenczner Slaght in 1999, after clerking at the Supreme Court of Canada for Madam Justice L’Heureux-Dubé.  She has an L.L.B. from Osgoode Hall Law School (1997) and an M.A. in Critical Theory (1993).  She initially graduated from University of Western Ontario in 1991, with a BA in Philosophy and Economics, and was awarded a University Gold Medal.

CASES

 A representative list of Nina’s cases follows:

Barclays Bank PLC v. Metcalfe & Mansfield et al, (February 27, 2009) Ont.S.C.J. - successful defence of injunction application pertaining to release of monies posted under credit default swap agreements.

Conway v. Bell Canada, (February 2, 2009), Ont. S.C.J. -- lead trial counsel in successful defence of Bell in action alleging negligent misrepresentation and negligent supply and installation of phone equipment.

Gore v. College of Physicians and Surgeons of Ontario, [2008] O.J. No. 3757 (Div. Ct.) - lead counsel in judicial review application to Divisional Court concerning the scope of investigative powers of the College of Physicians and Surgeons to question and observe physicians in their practices.

G.M. v. Alter, [2008] O.J. No. 3493 (S.C.) - lead counsel in an appeal concerning assessment of costs in medical malpractice action.

Professional Institute of the Public Service of Canada v. Canada (Attorney General), [2007] O.J. No. 4577 (S.C.) - successful trial on behalf of the Government of Canada concerning the entitlement of public service unions to pension surpluses of approximately $18 billion.  Court dismissed trust, fiduciary duty and Charter claims.

G.M. v. Alter, [2007] O.J. No. 4050 (C.A.), aff’g [2006] O.J. No. 4191 (S.C.) - appeal concerning the scope and interpretation of a settlement offer, and whether it should be presumed to include a right to structure the lump sum payment.

Tantawy v. Casa Verde, [2006] O.J. No. 5383 (Div. Ct.), aff’g [2006] O.J. No. 210 (S.C.) - lead counsel in successful motion and appeal preventing the addition of a physician to a medical negligence action beyond the relevant limitation period.
 
407 ETR Concession Co. v. Ontario (Registrar of Motor Vehicles), [2005] O.J. No. 4830 (Div. Ct.). - successful judicial review application on behalf of 407ETR seeking an order compelling the Registrar of Motor Vehicles to comply with his statutory duties concerning validation of vehicle permits.

407 ETR Concession Co. v. Ontario (Minister of Transportation), [2004] O.J. No. 373 (S.C.), appeal allowed [2005] O.J. No. 2504 (C.A.) - injunction and appeal concerning interpretation of contract between Ontario and 407ETR and power to raise highway tolls.

C.B. v. Sawadsky, [2005] O.J. No. 3682 (S.C.) - lead trial counsel in successful defence of a physician alleged to have failed to advise patient of her right to counsel under the Mental Health Act and the Charter in detaining a patient for psychiatric assessment.

G.M. v. Alter, [2004] O.J. No. 2435 (S.C.), aff’d [2004] O.J. No. 6005 (S.C.), motion for leave dismissed [2005] O.J. No. 1134 (S.C.) - lead counsel in successful defence of motion and appeal concerning return and destruction of expert documents purportedly sent in error.

A & W Food Services of Canada Inc. v. McDonald's Restaurants of Canada Ltd. (2005), 253 D.L.R. (4th) 736 (Fed. Ct.) -  successful defence at trial of claim alleging breach of the trademark “Chicken Grill” and loss of goodwill.  First Canadian decision addressing concept of “reverse confusion”.

Ontario (Minister of Transportation) v. 407 ETR Concession Co., [2005] O.J. No. 19 (S.C.).  - successful arbitration and appeal concerning entitlement of 407ETR to raise tolls on Highway 407 without province’s approval.

Hercules v. Sunnybrook and Women's College Health Sciences Centre, [2004] O.J. No. 4978 (C.A.) - lead counsel in successful motion and appeal for summary judgment on behalf of two physicians in medical negligence action.

Nagoya Venture Ltd. v. Bacopulos, [2004] O.J. No. 2893 (S.C.) - successful application to dismiss Third Party Action brought against American law firm for lack of court’s jurisdiction over legal services rendered in New York.

Montreal Trust Co. of Canada v. Call-Net Enterprises Inc., (2004), 70 O.R. (3d) 90 (C.A.) aff’g [2002] O.J. No. 292 (S.C.).  successful defence at trial and on appeal of claim by former senior executives that they were entitled to benefits as a result of a change of control resulting from proxy battle.

Liberty Mutual Insurance Co. v. Hollinger Inc. (2004), 236 D.L.R. (4th) 635 (C.A.)  appeal of insurance application concerning the obligation of insurer to defend claim of intentional discrimination.

Nyilas v. Lamb, [2003] O.J. No. 5232 (S.C.) - successful defence of medical malpractice claim against physician concerning punctured lung.

Sutherland v. Birks, [2003] O.J. No. 2885 (C.A.) - successful oppression application  at trial and appeal on behalf of two shareholders in a family foundation for buy-out of shares and other equitable relief.

College of Physicians and Surgeons of Ontario v. P.M.P. [2003] O.J. No. 2865 (Div. Ct.) - successful appeal to vary penalty imposed by CPSO on a physician found to be incompetent.

Toronto Congress Centre v. MacLaren McCann Canada Inc., [2003] O.J. No. 1184 (C.A.), aff’g [2002] O.J. No. 4330 - lead counsel in successful motion and appeal for summary judgment for breach of contract and damages.

Internet Law Library Inc. v. Matthews, [2003] O.J. No. 1139 (S.C.) - successful defence of motion to enforce New York order requiring various Canadian citizens be deposed. 

Martin v. American International Assurance Life Co., [2003] 1 S.C.R. 158 - appeal to Supreme Court of Canada concerning availability of life insurance and accidental death benefit to widow of physician that had died from an overdose.

College of Physicians and Surgeons of Ontario v. Porter, [2003] O.J. No. 540 (Div. Ct.). - successful application on behalf of physician staying suspension ordered by CPSO.

Klassen v. College of Physicians and Surgeons of Ontario, [2002] O.J. No. 4055 (S.C.). - successful motion for psychiatrist to determine obligations to file a mandatory report on sexual abuse, where acting as an expert in litigation.

Fawaz v. Abdel-Shahid, [2002] O.J. No. 2984 (S.C.) - successful defence at trial of obstetrician and anesthesiologist concerning diagnosis of an epidural abscess.

Locke v. Smith, [2002] O.J. No. 2173 (C.A.), aff’g [2000] O.J. No. 2726 (S.C.).  successful defence of physician at trial and on appeal concerning a perforated bowel suffered during colonoscopy.

Patheon Inc. v. Global Pharm Inc., [2000] O.J. No. 2532 (S.C.) - successful oppression application for shot-gun buy-sell of shareholder’s joint venture interest in a pharmaceutical manufacturing venture.

Taylor v. London Guarantee Insurance Co., [2000] O.J. No. 1430 (S.C.) - oppression application on behalf of individual shareholders and executives concerning their interest in London Guarantee.  

General Motors Acceptance Corp. of Canada Ltd. v. Cardinali (2000), 185 D.L.R. (4th) 141 (C.A.) - lead counsel in appeal concerning conditional sales contract for purchase of boat involving application of Personal Property Security Act and Consumer Protection Act.

PAPERS/ARTICLES

"Section 75 Investigations into Professional Competence and Misconduct: Gore v. CPSO Expands the Powers of Investigators", presented at OBA Critical Issues in Health Law Conference on April 17, 2009.

“Emerging Issues in Class Action Pension Law Suits”, presented at the CCCA National Spring Conference, April 2007

“The Basel Convention’s Complete Ban on Hazardous Waste Exports”, 7 Journal of Environmental Law and Practice 325 (1998).