Cases

• Lundin Mining Corporation v Dov Markowich

  Counsel to the intervenor, CFA Societies Canada, at the Supreme Court of Canada in a matter that considers the definition of “material change” under the Securities Act.

  Monique Jilesen, Brian Kolenda & Devon R. Kapoor | January 15, 2025
• In the Matter of Nicholas Agar and Paul Ungerman

  Counsel to the co-founder of a cryptocurrency and blockchain project that was the subject of an investigation by a Canadian securities regulator in relation to concerns that have been raised about the status of the cryptocurrency as a security, prospectus exemption requirements and representations that were made to those who have purchased the cryptocurrency. 

  Eli S. Lederman, Brian Kolenda, Madison Robins & Militza Boljevic | January 1, 2025
• Shantz v Starke

  Counsel to two defendants in a cross-border claim brought by a former employee and business partner alleging forgery and fraud with respect to a share transfer. 

  Andrew Parley & Madison Robins | January 1, 2025
• Robert Plamondon v Knowledge First Financial Inc

  Counsel to Knowledge First Financial, a leading investment fund and RESP provider, in an action brought by a former agency director for commissions and referral fees he alleges are owed. The matter involves the tolling of limitation periods, the duty of good faith in contractual negotiations, and unjust enrichment in the context of securities commissions.

  Madison Robins & Derek Hooper | January 1, 2025
• Liu v Champignon Brands Inc

  Counsel to a psychedelic medicine company in a British Columbia securities class action.

  Paul-Erik Veel, Aoife Quinn & Arash Nayerahmadi | July 1, 2021
• First Hamilton Holdings Inc et al v Laurentian Bank Securities et al

  Counsel to the Respondent Laurentian Bank Securities in opposing an application for an interim injunction with respect to the Applicants’ margin accounts brought at the onset of the COVID-19 pandemic in North America.

  Monique Jilesen, Shara N. Roy, Christopher Trivisonno & Jacqueline Chan | April 1, 2020
• Special Committee of the Board of Directors of Aphria Inc.

  Counsel to the Special Committee of the Board of Directors of Aphria Inc. in connection with allegations made by short sellers regarding the value of certain assets and insider dealings.

  Peter Griffin, Shara N. Roy, Christopher Trivisonno, Sean Lewis & Christina Shiels-Singh | January 1, 2020
• Tiger Calcium Services Inc v Sazwan

  Counsel to Parallel49 Equity in a $102M investor action relating to a private equity acquisition of a calcium chloride plant in Alberta.

  Andrew Parley & Kate Costin | November 19, 2019
• Cappelli v Nobilis Health Corp

  Counsel to the successful defendant in resisting a motion for leave to pursue a claim or secondary market misrepresentation under the Ontario Securities Act and certification of a class action under the Class Proceedings Act, 1992.

  Alan J. Lenczner, Brendan F. Morrison, Nilou Nezhat & Grace Tsakas | April 10, 2019
• Re The Cash Store Financial Services Inc

  Counsel in the successful mediation and settlement of multiple Canadian and US class proceedings in the context of an Ontario CCAA proceeding, leading to US recognition and enforcement of a settlement.

  Peter Griffin & Matthew B. Lerner | December 30, 2018
• In the Matter of Benedict Cheng et al

  Counsel to the respondent in Ontario Securities Commission proceedings alleging tipping in an insider trading matter. The proceedings were resolved by way of settlement.

  Shara N. Roy, Brian Kolenda, Sean Lewis & Christina Shiels-Singh | January 1, 2018
• Baldwin v Imperial Metals Corporation

  Counsel to the defendant Imperial Metals Corporation in a class action relating to alleged breaches of the Securities Act in connection with a breach of the tailings storage facility at the Mount Polley Mine.

  Lawrence E. Thacker, Brian Kolenda, Christopher Trivisonno, Lars Brusven, Laurel D. Hogg, Aoife Quinn, Katie Glowach & Christina Shiels-Singh | July 19, 2016
• In The Matter of Katanga Mining Limited

  Counsel to Aristotelis Mistakidis in Ontario Securities Commission proceedings in respect of disclosure allegations related to Katanga Mining Limited, a Canadian publicly traded company, with copper assets in the Democratic Republic of Congo. The proceedings were resolved by way of settlement.

  Shara N. Roy & Tom Curry | May 25, 2015
• Re Ernst &Young LLP (Sino-Forest and Zungui Haixi)

  Counsel to the respondent auditor in two proceedings brought by the Ontario Securities Commission under the Securities Act resulting in the first no contest settlement under OSC Staff Notice 15-702: Revised Credit for Cooperation Program.

  Peter Griffin, Shara N. Roy, Brian Kolenda, Lindsay Beck & Christina Shiels-Singh | January 24, 2015
• Re Sino-Forest Corporation

  Counsel for the defendant auditors of Sino-Forest Corporation in connection with a shareholder class action claiming damages in order of $9 billion on behalf of primary and secondary market purchasers and debt-holders. Successfully resolved proceeding and coordinated precedent setting settlement approval of a Canadian class action within the context of an ongoing CCAA proceeding. Counsel in appeals from settlement approval to the Court of Appeal and Supreme Court of Canada, both of which were dismissed.

  Peter Griffin & Christina Shiels-Singh | December 16, 2014
• Century Services v New World Engineering Corporation

  Counsel for defendant law firm in complex trial involving many parties and alleging fraud and negligence in secured lending transaction.

  Nina Bombier | May 13, 2013
• Tucci v Smart Technologies Inc

  Counsel to two defendants in a securities class action alleging prospectus misrepresentation by the issuer, selling shareholders and others. Class definition under section 130 of the Securities Act successfully restricted to purchasers under the prospectus and not secondary market purchasers during the period of distribution.

  Peter Griffin & Melanie Baird | February 19, 2013
• Barclays Bank v Metcalfe &Mansfield (Devonshire Trust)

  Counsel to Devonshire Trust in a case arising out of the disruption of the Canadian Asset Backed Commercial Paper market in August 2007.  Devonshire Trust was successful after a lengthy trial.  The Court of Appeal affirmed the trial judge's decision and found that Barclays' notice terminating the swap transaction was invalid because of Barclays' misrepresentation and bad faith.

  Tom Curry, Monique Jilesen, Brian Kolenda & Christina Shiels-Singh | October 17, 2012
• Re Coventree Inc

  Counsel to a former director and officer of Coventree Inc. in a regulatory proceeding before the Ontario Securities Commission in connection with disclosure obligations surrounding the collapse of the Asset Backed Commercial Paper (ABCP) market in Canada. Counsel in appeals to the Divisional Court and Court of Appeal.

  Tom Curry, Monique Jilesen & Shara N. Roy | October 3, 2010
• UBS Securities Canada, Inc v Sands Brothers Canada, Ltd

  Counsel on an appeal from a trial of an application to enforce an agreement to sell securities which were subsequently converted to shares of the TSX.

  Tom Curry & Anne E. Posno | April 1, 2009
• Kerr v Danier Leather Inc

  Counsel to Danier Leather Inc. in a shareholder class action asserting a statutory cause of action for prospectus misrepresentation pursuant to the Ontario Securities Act. Judgment for the plaintiffs at trial successfully overturned on appeal to the Ontario Court of Appeal and upheld by the Supreme Court of Canada.

  Alan J. Lenczner & Jaan Lilles | June 13, 2008
• The Catalyst Capital Group Inc v Veritas Investment Research Corporation

  Counsel to an equity research firm in an action arising from alleged defamatory statements in investment research reports.

  Brendan F. Morrison | May 17, 2001
• In the Matter of Universal Market Integrity Rules and In the Matter of Marc McQuillen

  Counsel to the Applicant before the Ontario Securities Commission in a successful application to set aside a settlement agreement entered into by the Applicant with Market Regulation Services (now IIROC).  The approval of the settlement was based upon breaches of Universal Market Integrity Rules, which, in a subsequent IIROC hearing against another respondent were found not to have occurred.  The Ontario Securities Commission held that it would be manifestly unfair in the circumstances to allow the settlement agreement and settlement approval to stand.

  March 20, 2001
• Livent Inc v Deloitte & Touche LLP

  Appellate counsel to Deloitte & Touche LLP before the Supreme Court of Canada in leading decision concerning the scope of liability of an accounting firm arising from the audit of the financial statements of Livent Inc.

  Peter Griffin, Scott Rollwagen & Nina Bombier | March 14, 2001
• In re Berry

  Successful representation of respondent dismissing all charges brought against him under the Uniform Market Integrity Rules by the Investment Industry Regulatory Organization of Canada (IIROC).

  Peter Griffin | January 17, 2001
• Re Jowdat Waheed and Bruce Walter

  Counsel to the Ontario Securities Commission in a lengthy insider trader prosecution arising out of a hostile take-over bid.

  Lawrence E. Thacker | January 14, 2001
• Wadden v BMO Nesbitt Burns

  Counsel in a successful defence of the defendant brokerage firm at a lengthy trial before the Supreme Court of Nova Scotia in an action for negligence and breach of contract arising out of the alleged manipulation of shares of Knowledge House Inc.

  Andrew Porter, J. Gwendolyn Ward & Christina Shiels-Singh | November 26, 2000
• McKenna v Gammon Gold Inc

  Counsel to the underwriters in a shareholder class action alleging prospectus misrepresentation and stock option manipulation. Successful dismissal of a motion for certification of common law claims for misrepresentation. Leave to appeal denied, with result that only statutory claims for misrepresentation in secondary market disclosure documents and unjust enrichment remained.

  Ronald G. Slaght & Mark Veneziano | November 19, 2000
• Czamanske v Canadian Royalties Inc

  Counsel to underwriters in a class proceeding alleging prospectus misrepresentations.

  Mark Veneziano & Lindsay Beck | November 10, 2000
• Laneville v Allen-Vanguard Corporation; Love v Canaccord Financial Ltd

  Counsel to officers and directors in two class proceedings alleging misrepresentations in a prospectus and disclosure documents, including a statutory cause of action pursuant to s. 138 of the Ontario Securities Act.

  Eli S. Lederman | October 6, 2000
• Re Waxman

  Representation of a director and officer of a public company before the Ontario Securities Commission.

  Eli S. Lederman | July 27, 2000
• Blue Note Mining Inc v Canzinco Ltd

  Counsel in a breach of contract claim.  Successfully opposed a motion and efforts to appeal a decision to stay the action on the basis of forum non conveniens.

  Peter Griffin | July 3, 2000
• Re Metcalfe &Mansfield Alternative Investments II Corp

  Counsel to a sponsor in wide ranging and innovative restructuring of asset backed commercial paper in Canada.

  Tom Curry | June 29, 2000
• Frohlinger v Nortel Networks Corporation

  Counsel to Nortel Networks Corporation in several Canadian and US class action proceedings relating to alleged misrepresentations, accounting negligence and violation of securities law.

  Peter Griffin | June 27, 2000
• Dodd v RBC Dominion Securities Inc

  Counsel for the defendants in a trial regarding an alleged negligent misrepresentation with respect to a commercial venture.  Successful in defending the action.

  Matthew Sammon | June 10, 2000
• Berlet v E*Trade Canada Securities Corp

  Counsel in a successful defence at trial of an action against a discount broker involving options and futures trading.

  Jaan Lilles | June 7, 2000
• Wadsworth v RBC Dominion Securities

  Counsel to the defendants on a successful motion for summary judgment in an employment matter.  Counsel for the respondent on appeal.

  Matthew Sammon | May 11, 2000
• Peterson v Ontario (Securities Commission)

  Counsel in an application to quash the notice of hearing of the Ontario Securities Commission on the grounds of bias.

  Alan J. Lenczner & Monique Jilesen | March 20, 2000
• CC&L Dedicated Enterprise Fund (Trustee of) v Fisherman

  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 Ontario Securities Commission proceeding.

  Peter Griffin & Lawrence E. Thacker | March 19, 2000
• Lawrence v Atlas Cold Storage Income Trust

  Counsel to the defendant accounting firm in a class action proceeding against Atlas Cold Storage Holdings Inc. alleging prospectus misrepresentations, accounting and underwriting negligence in the preparation of financial statements and the issuance of annual reports.

  Peter Griffin | March 8, 2000
• Gould v FMF

  Counsel to underwriters in class proceeding alleging misrepresentations in a prospectus issued by a subprime lending broker, and related Ontario Securities Commission proceeding.

  Mark Veneziano | March 2, 2000
• Re YBM

  Counsel to director of YBM in Ontario Securities Commission proceedings relating to disclosure obligations and securities class action proceedings.

  Monique Jilesen | March 1, 2000
• Re Solar Income Fund Inc.

  Counsel to a former director and officer in an Ontario Securities Commission enforcement proceeding.

  Madison Robins & Solomiya Zakharchuk