Commercial Litigation

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), <https://canlii.ca/t/jfjcl>

Quadrangle Group LLC, et al. v. Attorney General of Canada, 2019 ONSC 1478 (CanLII), <http://canlii.ca/t/hxzgg>,

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: http://canlii.ca/t/hxzgg

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 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), http://canlii.ca/t/h2mnl

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 LLP, 2009 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. Paige, 2009 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.

Don Eady, Nini Jones, Jodi Martin, Emily Home and Glynnis Hawe represented a group of intervenors who challenged the right of the Provincial Government to change the City of Toronto election ward boundaries in the midst of an election campaign.  They were successful at the first instance.  See http://canlii.ca/t/httrh. That decision was stayed by the Court of Appeal.  See  http://canlii.ca/t/hv54t.  Paliare Roland continued to represent a group of intervenors all the way to the Supreme Court of Canada. The Court ultimately dismissed the City’s appeal: https://canlii.ca/t/jjc3d