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Our Expertise

Commercial Litigation

Our commercial litigation practice is recognized as one of Canada’s finest.

We have deep experience acting on virtually all aspects of corporate commercial litigation, applying a strategic, practical—and singularly effective—approach to resolving business disputes. We routinely represent both public and private companies, partnerships, shareholders, directors, officers, boards, special committees and professional advisors, arguing in the appellate courts, and before the Toronto Commercial List, arbitrators and mediators. We are also often asked to act on high-stakes litigation of critical importance to our clients.

Representative Work

  • Megan Shortreed, Danielle Glatt and Lauren Rainsford successfully opposed a motion brought by the plaintiff for wide ranging interim relief seeking to tie up the defendants’ funds, assets and lands in Alberta. The decision provides a useful clarification on the law in respect of the interim preservation of funds pursuant to Rule 45.02. CryptoStar Corp. v. 611890 Alberta Inc., 2022 ONSC 2290

  • Chris Paliare, Ren Bucholz, Glynnis Hawe and Catherine Fan successfully pursued claims of oppressive conduct, and breaches of the duty of good faith and honest performance, against the CEO of a significant Canadian technology company on behalf of two co-founders in a confidential arbitration.

  • Dan Rosenbluth successfully secured the complete dismissal of a Commercial List oppression application concerning a closely-held restaurant business. Sabatino v. Mastrangelo et al., 2021, unreported

  • Dan Rosenbluth successfully obtained judgment in relation to a disputed valuation process for a parcel of real estate. Chebib et al. v. Harlos, 2022, unreported

  • Jeff Larry and Dan Rosenbluth successfully resisted a motion for a Mareva injunction on behalf of a real estate development group.
    10390160 Canada Ltd et al. v. Casey et al., 2022 ONSC 628

  • Jeff Larry and Dan Rosenbluth successfully enforced a personal guarantee in a decision concerning the interpretation of “continuing” guarantees. The decision was upheld on appeal.
    Intercap Equity Inc. v. Bellman, 2022 ONCA 61

  • Chris Paliare, Ren Bucholz, Glynnis Hawe, and Catherine Fan successfully represented SS&C Technologies Canada Corp. in an application on the Commercial List in Toronto against BNY Mellon and CIBC Mellon Global Securities Services. Justice Koehnen granted SS&C’s application, declaring that BNY Mellon breached its contract with SS&C by sharing SS&C’s proprietary data with its corporate subsidiaries and affiliates. Justice Koehnen has ordered the parties to conduct a trial on damages.

    SS&C Technologies v. Bank of New York Mellon et al., 2021 ONSC 2657 (CanLII), <>

  • Megan Shortreed and Denise Cooney acted as counsel to the estate trustees in an application for determination of the beneficial ownership of a cottage property. Justice Dietrich granted the application. She directed that the deceased’s purported transfer of legal title to an investment company be set aside, as the deceased did not have his wife’s consent to divest her of her beneficial interest in the property.

    Berg v. Jaylevy Limited, 2019 ONSC 2255
  • Quadrangle Group LLC, et al. v. Attorney General of Canada, 2019 ONSC 1478 (CanLII), <>,

    Rob Centa successfully represented Obelysk Media Inc. in a motion removing the defendant’s representative at its examination for discovery.

  • Gordon Capern, Karen Jones, Ren Bucholz, and Daniel Rosenbluth acted for Royal Gold, one of the world’s largest mining royalty and streaming companies in a dispute with Vale involving the Voisey’s Bay nickel mine in Newfoundland and Labrador.  The issues included the interpretation of a net smelter return royalty on one of the world’s richest nickel deposits, and how the royalty would be calculated after Vale’s construction of a $6 billion processing facility.  After starting the trial in St. John’s, which was scheduled for four months, the parties successfully resolved the dispute and continue to work together today.

  • Quadrangle Group LLC, et al. v. Attorney General of Canada, 2019 ONSC 1478 (CanLII).

    Rob Centa successfully represented Obelysk Media Inc. and established that the Canada’s discovery representative was demonstrably unsatisfactory and must be replaced. See:

  • In February 2018, Jeff Larry and Lindsay Scott successfully represented a group of investors in the Superior Court of Justice – Commercial List in an oppression application, where Justice McEwen held that the respondent development company and its director had engaged in oppression, and found bad faith and personal liability against the director.

  • Rob Centa, Kris Borg-Olivier and Denise Cooney successfully represented Brandon Moyse in proceedings brought by Mr. Moyse’s former employer in The Catalyst Capital Group Inc. v Moyse.
    They successfully defended the employee in contempt proceedings in which Mr. Moyse’s former employer sought to have him sent to prison for breach of a court order (2015 ONSC 4388 (CanLII), Subsequently, they successfully moved to have the employer’s appeal to the Court of Appeal from that decision quashed (2015 ONCA 784, and to the Divisional Court dismissed for delay (2016 ONSC 554 (CanLII),
    At the trial of the action, the plaintiff advanced the tort of spoliation against Mr. Moyse, the first time such a claim had been advanced to trial in Ontario. The court dismissed the action against Mr. Moyse in its entirety (2016 ONSC 5271 (CanLII), Mr. Moyse was wholly successful on appeal. The Court of Appeal for Ontario dismissed  the appeal from the trial judge, and the motion for the motion for leave to appeal the costs decision (The Catalyst Capital Group Inc. v. Moyse, 2018 ONCA 283 (CanLII),
  • Rob Centa successfully represented the United Steelworkers in an oppression proceeding in an ongoing CCAA proceeding.
    Ernst & Young Inc. v Essar Global Fund Ltd et al, 2017 ONSC 1366 (CanLII),

  • Chris Paliare, Gordon Capern, Odette Soriano, Karen Jones, Tina Lie and Alysha Shore represented Barrick Gold against Goldcorp, Xstrata and New Gold in a battle over ownership of a Chilean copper-gold mine. In 2011, the action was heard by way of an expedited trial before the Ontario Superior Court of Justice, Commercial List. The matter involved the application of Chilean law by an Ontario court.

  • Linda Rothstein, Richard Stephenson, Andrew Lewis and Jean-Claude Killey fought for Labatt in the beer wars against the National Hockey League and Molson over the NHL’s sponsorship rights, before the Superior Court of Justice (Labatt Brewing Co. Ltd. v. NHL Enterprises Canada L.P.2011 ONSC 3219), the Court of Appeal (Labatt Brewing Company Limited v. NHL Enterprises Canada, L.P.2011 ONCA 511), and then back in the Superior Court of Justice (Labatt Brewing Company Limited v. NHL Enterprises Canada, L.P.2011 ONSC 5652).

  • Linda Rothstein and Robert Centa successfully defended a prominent Toronto law firm from a claim made by a former partner of the firm in Springer v Aird & Berlis LLP2009 CanLII 15661 (Ont. S.C.). The Court of Appeal for Ontario recently upheld the decision of the trial judge to dismiss the claim in its entirety.

  • Chris Paliare, Megan Shortreed and Jean Claude Killey acted for the successful corporate defendant in a complex trial that dealt with the appropriate remedy for breach of fiduciary duty and oppression by its principal shareholder. The court held that Paliare Roland’s corporate client would not be subject to a proprietary constructive trust remedy: Capobianco v. Paige2009 CanLII 29899 (Ont. S.C.)

  • Leader Media v. Sentinel Hill, in which Chris Paliare and Andrew Lewis successfully represented the plaintiff at trial (2006 CanLII 35630 (Ont. S.C.), and at the Court of Appeal (2008 ONCA 463), in a contractual dispute involving tax shelter structures in the film industry.

  • Chris Paliare, Gordon Capern and Jeff Larry successfully represented minority common shareholders of Hollinger Inc. before the Ontario Securities Commission in Hollinger Inc. Re., (2005), 28 OSCB 3309, opposing Conrad Black’s plan to take Hollinger Inc. private.

  • Gordon Capern and Megan Shortreed argued and won the leading case on who is entitled to participate in an application for leave to commence a derivative action under the Ontario Business Corporations Act at the Court of Appeals for Ontario: Lederer v. 372116 Ontario Limited 2001 CanLII 24159 (O.C.A.).

  • Gordon Capern and Megan Shortreed brought a successful oppression application, on behalf of a minority shareholder in a company, involving the alleged misappropriation of international mining assets.

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Our Expertise

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Commercial Litigation Lawsuits