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ONTARIO action class lawsuit vioxx



     Local litigation firms                Local litigation stars                                 David Chernos
                                                                                                  Commercial Litigation, Insolvency
     Highly recommended                    David Aitken
                                           Osler Hoskin & Harcourt                                Anthony Creber
     Bennett Jones                         Intellectual Property                                  Gowling Lafleur Henderson
                                                                                                  Intellectual Property
     Blake Cassels & Graydon               Kirk Baert
                                           Koskie Minsky                                          Domenic Crolla
     Borden Ladner Gervais                 Class Actions                                          Gowling Lafleur Henderson
                                                                                                  Civil Litigation, Product Liability
     Davies Ward Phillips & Vineberg       Lyndon Barnes
                                           Osler Hoskin & Harcourt                                Peter Cronyn
     Fasken Martineau                      Class Actions, Insolvency                              Nelligan O’Brien Payne
                                                                                                  Civil Litigation, Commercial Litigation, Insurance,
     Goodmans                              Michael Barrack                                        Intellectual Property, Personal Injury
                                           Thornton Grout Finnigan
     Gowling Lafleur Henderson
                                           Civil Litigation, Commercial Litigation, Criminal      Tom Curry
                                           Litigation, International Arbitration                  Lenczner Slaght Royce Smith Griffin
     Lax O’Sullivan Scott Lisus
                                                                                                  Class Actions, Commercial Litigation, Intellectual
                                           Bradley Berg                                           Property
     Lenczner Slaght Royce Smith Griffin
                                           Blake Cassels & Graydon
     McCarthy Tétrault                     Class Actions, International Arbitration, Securities   Ronald Dimock
                                                                                                  Dimock Stratton
     Osler Hoskin & Harcourt               Sheila Block                                           Intellectual Property
     Smart & Biggar/Fetherstonhaugh        Class Actions, Commercial Litigation, Intellectual     James Doris
                                           Property, Product Liability, Professional Liability,   Davies Ward Phillips & Vineberg
     Stikeman Elliott                      Securities                                             Commercial Litigation, Competition, Insolvency

     Torys                                 Glen Bloom                                             James Douglas
                                           Osler Hoskin & Harcourt                                Borden Ladner Gervais
                                           Intellectual Property                                  Class Actions, Commercial Litigation, Securities

     Recommended                           Christopher Bredt                                      Alan D’Silva
                                           Borden Ladner Gervais                                  Stikeman Elliott
     Dimock Stratton                       Class Actions, Commercial Litigation                   Class Actions, Commercial Litigation, Environmental
                                                                                                  Law, Intellectual Property, Securities
     Fraser Milner Casgrain                Andrew Brodkin
                                           Goodmans                                               Sean Dunphy
     Heenan Blaikie                        Commercial Litigation, Intellectual Property           Stikeman Elliott
     McMillan                              Timothy Buckley
                                           Borden Ladner Gervais                                  Michael Eizenga
     Norton Rose Canada                    Class Actions                                          Bennett Jones
                                                                                                  Class Actions, Commercial Litigation, Product
     Paliare Roland                        David Byers                                            Liability, Securities
                                           Stikeman Elliott
     Roy Elliott O’Connor
                                           Commercial Litigation, Insolvency, Insurance,          Norm Emblem
     Siskinds                              Product Liability, Securities                          Fraser Milner Casgrain
                                                                                                  Class Actions, Commercial Litigation, Insurance,
     Stockwoods                            John Callaghan                                         Professional Liability, Securities
                                           Gowling Lafleur Henderson
     Thornton Grout Finnigan               Class Actions, Commercial Litigation, Competition      Marguerite Ethier
                                                                                                  Lenczner Slaght Royce Smith Griffin
                                           Gordon Capern                                          Intellectual Property
                                           Paliare Roland
                                           Civil Litigation, Commercial Litigation                Brian Facey
                                                                                                  Blake Cassels & Graydon
                                           Bruce Carr-Harris                                      Competition
                                           Borden Ladner Gervais
                                           Commercial Litigation, Construction Litigation,        Neil Finkelstein
                                           Intellectual Property, Product Liability               McCarthy Tétrault
                                                                                                  Class Actions, Commercial Litigation, Competition,
                                           Earl A. Cherniak, QC                                   Securities
                                           Class Actions, Commercial Litigation                   Bryan Finlay, QC
                                                                                                  Commercial Litigation, Competition, Securities


Patrick Flaherty                                      W. Brad Hanna                                          John Keefe
Torys                                                 McMillan                                               Goodmans
Class Actions, Commercial Litigation, Intellectual    Commercial Litigation, Intellectual Property,          Commercial Litigation, Competition, International
Property, Professional Liability                      International Arbitration                              Arbitration, Securities, White-Collar Crime

Sandra Forbes                                         Robert Harrison                                        David Kent
Davies Ward Phillips & Vineberg                       Fasken Martineau                                       McMillan
Commercial Litigation, Competition                    Class Actions, Commercial Litigation, Insurance,       Commercial Litigation, Competition, Intellectual
                                                      Product Liability, Securities                          Property, Securities
Mark Frederick
Miller Thomson                                        David Hausman                                          Patrick Kierans
Insurance                                             Fasken Martineau                                       Norton Rose Canada
                                                      Securities                                             Intellectual Property
Gunars Gaikis
Smart & Biggar/Fetherstonhaugh                        Eric Hoaken                                            Won Kim
Intellectual Property                                 Bennett Jones                                          Kim Orr
                                                      Class Actions, Commercial Litigation                   Civil Litigation, Class Actions
Jeff Galway
Blake Cassels & Graydon                               James Hodgson                                          Jessica Kimmel
Class Actions, Commercial Litigation, Competition,    Norton Rose Canada                                     Goodmans
Securities                                            Class Actions, Energy Litigation, International        Class Actions, Commercial Litigation, Securities
                                                      Arbitration, Product Liability
Steven Garland                                                                                               Marcus Klee
Smart & Biggar/Fetherstonhaugh                        Randall Hofley                                         Osler Hoskin & Harcourt
Intellectual Property                                 Blake Cassels & Graydon                                Intellectual Property
Mark Gelowitz                                                                                                Markus Koehnen
Osler Hoskin & Harcourt                               Donald Houston                                         McMillan
Class Actions, Commercial Litigation, International   McCarthy Tétrault                                      Commercial Litigation, Insurance
Arbitration, Securities                               Class Actions, Competition
                                                                                                             Robert Kwinter
A. Kelly Gill                                         Peter F.C. Howard                                      Blake Cassels & Graydon
Gowling Lafleur Henderson                             Stikeman Elliott                                       Class Actions, Competition
Intellectual Property                                 Class Actions, Commercial Litigation, Securities
                                                                                                             Jonathan Lancaster
Deborah Glendinning                                   Randal Hughes                                          Fasken Martineau
Osler Hoskin & Harcourt                               Bennett Jones                                          Commercial Litigation, Product Liability, Professional
Class Actions, Securities                             Commercial Litigation, Competition                     Liability

Matthew Gottlieb                                      Don Jack                                               Kevin LaRoche
Lax O’Sullivan Scott Lisus                            Heenan Blaikie                                         Borden Ladner Gervais
Commercial Litigation, Insolvency, Securities         Commercial Litigation, Securities                      Intellectual Property

Brian Gover                                           Patricia Jackson                                       Dimitri Lascaris
Stockwoods                                            Torys                                                  Siskinds
Civil Litigation, Competition, Criminal Litigation    Class Actions, Commercial Litigation, Intellectual     Class Actions
                                                      Property, Product Liability, Professional Liability,
Brian Gray                                            Securities                                             John Laskin
Norton Rose Canada                                                                                           Torys
Intellectual Property                                 Mahmud Jamal                                           Class Actions, Commercial Litigation, Competition,
                                                      Osler Hoskin & Harcourt                                Intellectual Property, Product Liability, Professional
Peter Griffin                                         Class Actions, Commercial Litigation, Competition      Liability, Securities, White-Collar Crime
Lenczner Slaght Royce Smith Griffin
Commercial Litigation, Insolvency, Securities         R. Scott Jolliffe                                      Alan Lenczner, QC
                                                      Gowling Lafleur Henderson                              Lenczner Slaght
James Grout                                           Intellectual Property                                  Class Actions, Commercial Litigation
Thornton Grout Finnigan
Insolvency                                            John A.M. Judge                                        Jeffrey Leon, LSM
                                                      Stikeman Elliott                                       Bennett Jones
Peter Hagen                                           Class Actions, Commercial Litigation, Insurance,       Class Actions, Commercial Litigation, Competition,
Soloway Wright                                        International Arbitration                              Intellectual Property, Securities
Personal Injury
                                                      Katherine Kay                                          Paul Le Vay
J. Sheldon Hamilton                                   Stikeman Elliott                                       Stockwoods
Smart & Biggar/Fetherstonhaugh                        Class Actions, Commercial Litigation, Competition,     Commercial Litigation, Employment Law, Securities
Intellectual Property                                 International Arbitration, Securities

                                                                       THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                          85

     Jonathan Lisus                                           David O’Connor                                      L. David Roebuck
     Lax O’Sullivan Scott Lisus                               Roy Elliott O’Connor                                Heenan Blaikie
     Class Actions, Commercial Litigation, Product            Class Actions, Commercial Litigation                Class Actions, Commercial Litigation, Securities
     Liability, Securities
                                                              Peter Osborne                                       John Rook
     John Little                                              Lenczner Slaght Royce Smith Griffin                 Bennett Jones
     Keel Cottrelle                                           Class Actions, Commercial Litigation, Insolvency,   Competition
     Civil Litigation, Insolvency, Insurance                  Securities
                                                                                                                  David Rosenbaum
     Larry Lowenstein                                         Terrence “Terry” O’Sullivan                         Fasken Martineau
     Osler Hoskin & Harcourt                                  Lax O’Sullivan Scott Lisus                          Commercial Litigation, Health Law, Insurance, Product
     Class Actions, Commercial Litigation, Securities         Commercial Litigation, Securities                   Liability

     Alan Mark                                                Chris Paliare                                       Margaret Ross
     Norton Rose Canada                                       Paliare Roland                                      Gowling Lafleur Henderson
     Class Actions, Energy Litigation, International          Class Actions, Commercial Litigation                Civil Litigation, Medical Litigation, Professional Liability
                                                              Paul Pape                                           Linda Rothstein
     Wendy Matheson                                           Pape Barristers                                     Paliare Roland
     Torys                                                    Class Actions, Commercial Litigation, Medical       Class Actions, Commercial Litigation, Professional
     Class Actions, Commercial Litigation, Intellectual       Malpractice                                         Liability
     Property, Product Liability, Professional Liability
                                                              Mike Peerless                                       Michael Round
     John Lorn McDougall, QC                                  Siskinds                                            Fasken Martineau
     Fraser Milner Casgrain                                   Class Actions, Product Liability, Securities        Commercial Litigation, Product Liability
     Class Actions, Commercial Litigation, Competition,
     International Arbitration, Securities                    Christopher Pibus                                   Peter Roy
                                                              Gowling Lafleur Henderson                           Roy Elliott O’Connor
     William McDowell                                         Intellectual Property                               Class Actions, Securities
     Lenczner Slaght Royce Smith Griffin
     Commercial Litigation, Criminal Litigation               Tim Pinos                                           Paul Schabas
                                                              Cassels Brock & Blackwell                           Blake Cassels & Graydon
     Gordon McKee                                             Commercial Litigation                               Competition, Tax Litigation, White-Collar Crime
     Blake Cassels & Graydon
     Class Actions, Product Liability                         Guy Pratte                                          Martin Sclisizzi
                                                              Borden Ladner Gervais                               Borden Ladner Gervais
     Angus McKinnon                                           Commercial Litigation                               Class Actions, Commercial Litigation
     Heenan Blaikie
     Commercial Litigation, Insolvency                        Harry Radomski                                      David Scott
                                                              Goodmans                                            Borden Ladner Gervais
     Kelley McKinnon                                          Commercial Litigation, Intellectual Property        Commercial Litigation, Intellectual Property, Personal
     Gowling Lafleur Henderson                                                                                    Injury
     Class Actions, Commercial Litigation, Insurance,         Gerald “Gerry” Ranking
     Securities                                               Fasken Martineau                                    Andrew Shaughnessy
                                                              Commercial Litigation, Employment Law,              Torys
     K. Scott McLean                                          International Arbitration                           Intellectual Property
     Fraser Milner Casgrain
     Aviation Law, Class Actions, Commercial Litigation,      P. Donald Rasmussen                                 David Sherriff-Scott
     Constitutional Law                                       Rasmussen Starr Ruddy                               Borden Ladner Gervais
                                                              Commercial Litigation, Construction Litigation      Commercial Litigation, Professional Liability
     Paul Monahan
     Fasken Martineau                                         Andrew Reddon                                       Andrew Skodyn
     Commercial Litigation                                    McCarthy Tétrault                                   Heenan Blaikie
                                                              Intellectual Property, Professional Liability       Intellectual Property
     H. Lorne Morphy, QC
     Davies Ward Phillips & Vineberg                          Arthur Renaud                                       Crawford Smith
     Commercial Litigation, Competition                       Gowling Lafleur Henderson                           Torys
                                                              Intellectual Property                               Class Actions, Commercial Litigation, Professional
     F. Paul Morrison                                                                                             Liability, Securities
     McCarthy Tétrault                                        Graham Reynolds
     Arbitration, Class Actions, Commercial Litigation,       Osler Hoskin & Harcourt                             Neal Smitheman
     Competition, Intellectual Property, Product Liability,   Commercial Litigation, Competition                  Fasken Martineau
     Professional Liability, Securities                                                                           Aboriginal Law, Commercial Litigation, Competition,
                                                              Joel Richler                                        Environmental Law
     David Morritt                                            Blake Cassels & Graydon
     Osler Hoskin & Harcourt                                  Arbitration, Class Actions, Construction Law,       Jonathan Stainsby
     Class Actions, Securities                                International Arbitration                           Heenan Blaikie
                                                                                                                  Civil Litigation, Commercial Litigation, Intellectual
                                                                                                                  Property, Product Liability


Robert Staley
Bennett Jones
                                                             Future stars
Class Actions, Commercial Litigation, Intellectual
Property, Securities                                         Sarit Batner
                                                             McCarthy Tétrault
R. Paul Steep
McCarthy Tétrault                                            Catherine Beagan Flood
Class Actions, Commercial Litigation, Product                Blake Cassels & Graydon
Liability, Professional Liability, Securities
                                                             Robert Centa
Bruce Stratton                                               Paliare Roland
Dimock Stratton
Intellectual Property                                        Laura Cooper
                                                             Fasken Martineau
Richard Swan
Bennett Jones                                                Alan Gardner
Commercial Litigation, Intellectual Property,                Bennett Jones
                                                             Sally Gomery
Kent Thomson                                                 Norton Rose Canada
Davies Ward Phillips & Vineberg
Commercial Litigation, Competition                           Dominique Hussey
                                                             Bennett Jones
Mary Thomson
Gowling Lafleur Henderson                                    Colin Ingram
Class Actions, Commercial Litigation, Product                Smart & Biggar/Fetherstonhaugh
                                                             Adrian Lang
Harry Underwood                                              Stikeman Elliott
McCarthy Tétrault
                                                             Peter Mantas
Arbitration, Commercial Litigation, Competition,
                                                             Fasken Martineau
Product Liability, Professional Liability, Securities,
Tax Litigation
                                                             Jason Markwell
                                                             Norton Rose Canada
J. Bradley White
Osler Hoskin & Harcourt
                                                             Paul Martin
Intellectual Property
                                                             Fasken Martineau
Charles M. Wright
                                                             Steven Mason
                                                             McCarthy Tétrault
Class Actions, Commercial Litigation
                                                             Dana Peebles
Benjamin Zarnett
                                                             McCarthy Tétrault
Civil Litigation, Intellectual Property, Product Liability   Neil Rabinovitch
                                                             Fraser Milner Casgrain

                                                             Jason Squire

                                                             Lawrence Thacker
                                                             Lenczner Slaght Royce Smith Griffin

                                                             Christopher Van Barr
                                                             Gowling Lafleur Henderson

                                                                                THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS   87

     Ontario                                                                                          securities, professional liability and many
                                                                                                      other areas. Gordon McKee receives acclaim
                                                                                                      for his product liability practice, and he
                                                                                                      currently acts as lead counsel to a
                                                                                                      multinational medical device manufacturer
     Not surprisingly for the province that is Canada’s largest and most populous,                    embroiled in several multimillion-dollar class
     Ontario sees the lion’s share of the country’s litigation matters and is also home               action cases. A client cheers Bradley Berg for
                                                                                                      “bringing sensible tactical considerations
     to the bulk of Canada’s most celebrated practitioners. In Toronto, the country’s                 based on his knowledge of the law and
     undisputed business epicenter and, inevitably, its primary litigation hub, the                   practice.” Berg attends to commercial
     profile of the “Bay Street lawyer” has come to rival that of the Wall Street titans              litigation matters, including a wide variety of
     populating New York corporate firms. A key difference is that the Bay Street                     joint venture, royalty and supply contract
     lawyer is less likely to succumb to the trend of hyper-specialization that has taken disputes in Ontario, Québec, and
                                                                                                      Newfoundland and Labrador, with claims of
     hold “south of the border” and enjoy more varied practices. In Canada’s capital                  over $100 million. Acting as counsel on these
     city of Ottawa, litigators have long been servicing clients in constitutional matters particular cases along with Berg is Paul
     while intellectual property activity is seeing a continued spike with the blossoming Schabas, who, in addition to his commercial
     of the city’s technology sector. As is the case elsewhere in Canada, class actions               litigation prowess, is said by peers to have
     are an undeniable trend, although kept in check to a degree by Ontario’s “loser                  cultivated “very keen skills in public law.” A
                                                                                                      client testifies, “I have attended court with
     pays” rule.                                                                                      Paul and observed his oral and written
     Highly recommended firms                         by the Ontario Securities Commission and advocacy skills to be superior. As a direct
                                                      the RCMP and in multiple class actions result of his strategic and presentation skills,
     Bennett Jones                                    relating to such allegations. A peer notes, we prevailed in a difficult case that was
     Bennett Jones is a relatively recent entry into “Robert can have sharp elbows in cases, critical to the successful introduction of an
     the Ontario market, having established which takes some getting used to, but he’s important new product.” In Ottawa, Cliff
     offices in Toronto and Ottawa only within tough, works hard for his clients and gets Sosnow is said to maintain a “healthy”
     the last 10 years. In that time, however, the results.”Acting with Staley on the Sino-Forest international arbitration practice.
     firm has seen its lawyer tally swell at least case is class actions co-chair Michael Eizenga.
     threefold (as it has in its Alberta offices), as Also in the class actions capacity, Eric Borden Ladner Gervais
     well as seeing a surge in accolades for the Hoaken is representing NEC in a class action National juggernaut Borden Ladner Gervais
     respective litigators working there. One peer alleging breaches of the Competition Act and has deep roots in Ontario, having seen its
     from outside the province observes that common law conspiracy claims. Competition genesis here and today enjoying an especially
     “Bennett Jones is growing dramatically in specialist Randal Hughes is revered by peers robust presence in the province. The firm
     Toronto, and they’ve put some great people as a “very skilled cartel lawyer.”                    maintains three offices in Ontario, with one
     in that office.” Litigators in Toronto enjoy a                                                   each in Ottawa, Toronto, and the Waterloo
     rising profile on the strength of their Blake Cassels & Graydon                                  region. Particular strengths are said to be
     involvement in some of Canada’s most salient Blake Cassels & Graydon is firmly product liability, insurance defense, medical
     issues, including insolvency, class actions, entrenched in the Ontario legal market; the malpractice,                construction    litigation,
     regulatory matters, and securities.              firm’s history in the province extends back to insolvency, and intellectual property, and
        Jeffrey Leon attends to a wide variety of 1856, when it first set up shop in Toronto. within these practices, peers consistently issue
     general commercial, insolvency, and class- Today, the firm is still headquartered there forth high praise for the firm’s litigators.
     action matters that have taken him all over even as it has since attained national “They are of very high quality, very ethical,”
     Canada. He has acted or is currently acting as prominence, and has also opened an Ottawa observes one local peer. Borden Ladner
     counsel on several multimillion-dollar cases outpost in 1990. While a full-service firm, recently scored a victory for the City of
     for clients as diverse as Expedia, CIBC/Bank with a good deal of its litigation derived from Toronto in an $11 million class action
     of New York, and BTR Global Opportunity its corporate practice, peers point to several alleging failure of city infrastructure resulting
     Trading. Peer feedback on Leon is Ontario litigators as key partners. Clients are in the flooding of houses. Firm lawyers
     resounding, with one coloring him as “high- also appreciative of the firm’s litigation succeeded in convincing the court to dismiss
     quality and hard-working.” Another peer acumen, with one international client the case.
     offers the ultimate accolade by confirming, professing, “We interviewed three firms in              With three of its six offices based in
     “When Jeff is in court, he has a commanding Toronto and selected Blakes based on their Ontario, it is hardly surprising that this
     presence, judges listen to him intently and presentation of staffing and defense province is home to some of Borden Ladner’s
     respond with ‘Yes, Mr. Leon?’” Clients also capabilities.”                                       most often-namechecked litigation partners.
     weigh in on Leon’s behalf, with one                 The Toronto headquarters is home to a What is of some note is the firm’s
     confirming, “Jeff is a very highly regarded stylistically different array of partners concentration of highly ranked litigators in
     general litigator and advocate with a wealth covering a wide spectrum of practices. Brian its Ottawa office, where the firm was initially
     of experience.” Another matter, representing Facey is acknowledged by peers as “a leader” based, as compared that of some of the more
     noteholders of Crystallex in litigation relating in his competition practice, and is also lauded Toronto-centric firms. David Scott is
     to debt acceleration and potential insolvency by a client, who notes, “His advice was mentioned by peers in practice areas as
     proceedings, has Leon acting as counsel along critical to us completing a deal with a major diverse as intellectual property and
     with Richard Swan, who is heralded by a client. Without him, the deal probably commercial litigation as being “a bit of an
     peer as “a cerebral guy and a quick learner, wouldn’t have been closed by now. I would institution.” Bruce Carr-Harris also earns
     someone I frequently send work to.” Robert be looking to Brian should such issues arrive respect for his civil, commercial, professional
     Staley is representing Sino-Forest in again, as he is, without a doubt, simply one negligence, and intellectual property
     connection with an ongoing internal of the best competition lawyers in Canada.” litigation acumen. David Sherriff-Scott is
     investigation in relation to fraud allegations Joel Richler receives frequent mention from noted for his capacity in defamation law,
     made by a short-seller of the company, and peers for his acumen in domestic and acting on behalf of both plaintiffs and
     the consequential regulatory investigations international arbitration matters concerning defendants. While it does maintain sizable


bench depth in Ottawa, the firm also has no        the Supreme Court of Canada in a landmark          commercial real estate litigation, banking
shortage of nominated litigators in Toronto.       case involving the proposed $51.7 billion          law, product liability litigation, professional
Timothy Buckley is called upon for his class       privatization of BCE and the attempt by            negligence and estates litigation. In its smaller
action prowess. Civil and commercial               certain holders of debentures of Bell Canada       Ottawa office, the firm houses 10 litigators,
litigator Martin Sclisizzi is heralded as by       to prevent court approval of the transaction       with Peter Mantas heading the group, which
peers as “a superb trial lawyer, very active       on the basis that the transaction failed to        attends commercial litigation, class actions
and very affordable.” Peers also identify          properly protect their interests. Sandra           and a very healthy regulatory practice, with a
Christopher Bredt as a civil and commercial        Forbes’ profile is rapidly on the rise on the      strong international element as well.
litigation leader, with one confirming, “More      strength of her commercial and competition
and more client prospects are saying ‘Get me       practice, which has earned her numerous            Goodmans
Chris Bredt!’” Guy Pratte, a near-unanimous        accolades from peers. “Sandra is up to some        Full-service firm Goodmans is a recognized
peer mention, divides his time among the           fascinating work, and she is poised for            leader in transactional law and indeed the
offices in Montréal, Ottawa, and Toronto,          success for sure.”                                 firm trumpets its title as “a premier
and his presence commands attention in all                                                            transactional law firm” on its website. That
three cities. Peers note that Pratte is            Fasken Martineau                                   said, the firm also attends to litigation
“wonderful in appeals, but also excellent at       National firm Fasken Martineau has two             matters and is routinely acknowledged by
the trial level,” and one goes on to address       established offices in Ontario, with one each      peers for having some of the best litigators in
him as “charming,” noting, “He gets respect
from the judges – everybody wants to hang
out with Guy Pratte.”

Davies Ward Phillips & Vineberg                    “Kent Thomson [of Davies he works hard,&isVineberg] and
                                                   aggressive and intense, but
                                                                               Ward Phillips
Davies Ward Phillips & Vineberg is the
product of a merger between two prestigious
firms, Ontario’s Davies Ward & Beck and            creative, is dedicated to the client’s interest, and has fabulous
Québec’s Phillips & Vineberg, each
previously known as cornerstones in their
respective provinces. The combined firm
                                                   focus and great energy.            ”
today carries a level of prestige across both      in the province’s main cities of Toronto and       the province of Ontario. “While many
provinces through its offices in Toronto and       Ottawa, each one housing a host of litigators      partners at other firms are busy
Montréal, both stocked with litigators that        engaged in a broad and diverse spectrum of         ‘schmoozing,’ Goodmans lawyers are busy
are frequently namechecked by peers. The           litigation issues. In the Toronto office, peer     with real complex, nitty-gritty stuff. They are
Toronto office commands respect all                recognition is particularly strong for Robert      dogged, tireless litigators, and their files are
throughout Ontario as well as beyond the           Harrison, who tends to a diverse litigation        artfully worked.” The firm, which also
province’s borders, with litigators in Québec      practice and claims a recent win on behalf of      maintains an office in Vancouver as well as its
and even as far away as Vancouver offering         International Air Transport Association in         Toronto headquarters, spans the spectrum of
praise.                                            the dismissal of a case brought by Sabre Inc.      litigation services but its key strengths are
   A sizable portion of the acclaim for Davies’    that would have jeopardized the sale of an         noted to be securities, class actions, and
Toronto office can be attributed to litigation     important market data product used by              intellectual property and product liability on
department head Kent Thomson, a general            airline entities that are members of the           behalf of generic pharmaceutical entities.
commercial trial lawyer who uniformly finds        Association. The firm was completely                  Chief among noted litigators in Toronto is
himself on the tip of the collective tongue of     successful, with the entire case being             Benjamin Zarnett, who is unanimously
peers. “Thomson is the captain of the ship         dismissed. Peers observe that “Robert can          namechecked by peers, one of whom goes so
there, no question,” confirms a competitor.        drive you crazy but he’s very good, very           far as to insist, “Ben Zarnett is at the top,
Thomson is known for a “take-no-prisoners”         sharp, and does not let you off the hook           anyone will confirm that and if someone says
court demeanor that is said to not necessarily     easily.” Acting with Harrison on the               otherwise then I wouldn’t put much stock in
be to everyone’s taste; however, peers assure      aforementioned matter is Paul Monahan, a           their opinion. It’s undeniable that he’s the
that “Kent is aggressive and intense, but he       litigator with a broad commercial and public       best.” Another peer raves, “Without
works hard, is talented and creative, is           law practice and himself acknowledged by           sounding too corny, I can say that Ben
dedicated to the client’s interest, and has        several peers. In the firm’s blossoming class      Zarnett’s work is almost a thing of beauty, his
fabulous focus and great energy. He is truly       actions practice, peers make note of future        submissions have been absolutely masterful
superb at what he does.” Thomson is                star and class actions co-chair Laura Cooper,      and he is a stellar critical thinker.” Zarnett
consistently at the forefront of some of           who recently acted as counsel to Gammon            led a team that represented seven of Canada’s
Canada’s most high-stakes litigation matters,      Gold.                                              major underwriters (Citigroup Global
and his most recent casework includes acting          Neal Smitheman is a commercial and              Markets Canada Inc., Merrill Lynch Canada
for Nunavut Iron Ore Acquisition and The           criminal litigator with a substantial focus on     Inc., CIBC World Markets Inc., National
Energy and Minerals Group in connection            the burgeoning practice of aboriginal law.         Bank Financial Inc., HSBC Securities
with an unsolicited takeover bid for               “Neal is someone I encounter frequently in         (Canada) Inc., RBC Dominion Securities Inc.,
Baffinland Iron Mines Corporation, and its         aboriginal cases,” confirms a peer. Gerald         and TD Securities Inc.) in the defense of a
subsequent successful joint bid with               “Gerry” Ranking has cultivated a substantial       proposed class action by shareholders of
ArcelorMittal, in a transaction valued at          cross-border and international arbitration         Philip Services Corporation for alleged
$590 million. In the firm’s insolvency             niche for himself. A peer testifies, “While I      misrepresentations in a prospectus. The
capacity, James Doris is respected by peers,       can’t share the details of what I’ve witnessed     Goodmans team obtained dismissal by the
with one addressing him “solid, with a quiet,      Gerry do in some of his arbitrations, I can tell   Superior Court of Justice on the basis that the
low-key approach that is pretty much the           you I’ve witnessed him handle himself and          plaintiff’s action failed to disclose a cause of
polar opposite of Kent Thomson. Jim is not         the matters with grace and finesse. He has the     action under that specific provision of the
flashy or flamboyant but he is still effective.”   jovial personality that puts parties at ease.      Securities Act (Ontario). This team also
Doris triumphed on behalf of BCE Inc. and          He’s a trip!” Jonathan Lancaster’s practice        represented New Gold Inc. and certain of its
its subsidiary Bell Canada in an appeal before     emphasizes corporate commercial litigation,        affiliates in the defense of an action, with a

                                                                  THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                   89

     potential estimated worth of $600 million,         of peer praise. A peer in Québec calls Jolliffe     for the termination of a contract for Light
     commenced by Barrick Gold Corporation in           “the smoothest litigator I’ve witnessed.”           Rail transit system. The action settled for
     connection with New Gold’s exercise of its         Beyond intellectual property, the firm’s            $36.7 million in favor of the clients.
     right of first refusal to acquire a 70% interest   presence in securities-related matters is              At the more senior level, Terrence “Terry”
     previously owned by Xstrata Copper Chile           represented by Kelley McKinnon, who peers           O’Sullivan is a near unanimous recipient of
     S.A. in a mining project in Chile, and the         say, “has the stuff.” McKinnon successfully         recognition and accolades. “He has a very
     subsequent sale of a 70% interest in that          represented two significant shareholders of         good practice, and he is still very sharp.”
     project to an affiliate of Goldcorp Inc. This      Magna International in a dispute potentially        O’Sullivan’s practice emphasizes complex
     entered into an approximately eight-week           worth $863 million, regarding Magna’s               commercial matters, banking and security
     trial in June 2011 and October 2011, with          proposed plan of arrangement under the              issues, employment and administrative law.
     written closing submissions having been            Ontario Business Corporations Act. General          He also practices as an arbitrator and a
     exchanged between the parties in December          civil and commercial litigator John Callaghan       mediator in substantial commercial disputes,
     2011 and January 2012. The team that               is referred to as “very capable and likeable to     often at the international level. “If there was
     Zarnett led on these matters regularly             clients.” Callaghan represents the Canadian         a cross-border issue at my door, I’d call Terry
     included       Jessica    Kimmel,     who     is   Society of Immigration Consultants in a             in a heartbeat,” enthuses a peer. After over 40
     appropriately mentioned by peers along with        pending matter in which the client regulatory       years in practice, Clifford Lax is said to be
     Zarnett, and one peer confirms that “it            body had its designation revoked by the             less involved at the trial level, but is still
     would be remiss to not recognize Jessica as        Minister of Foreign Affairs. Mary Thomson           actively engaged in arbitration and respected
     Ben’s secret weapon. She is doing a ton of         is noted as being “very professional and            for his keen acumen and seasoned expertise.
     legwork and a ton of thinking, and could           respected in the product liability sphere.”         “Cliff Lax is still in the mix, he still dispenses
     definitely be Zarnett’s successor there at some    Thomson successfully defended health                great counsel.”
     point.” John Keefe is also frequently pointed      practitioners in class actions arising in
     to by peers for his commercial litigation          connection       with     two      tuberculosis     Lenczner Slaght Royce Smith Griffin
     practice, which primarily comprises                notifications occurring in the Durham Region        Toronto litigation boutique “powerhouse”
     competition,           white-collar      crime,    in which plaintiffs, who were uninfected, still     Lenczner Slaght Royce Smith Griffin has
     international arbitration, and securities          sought damages in connection with the               carved itself a formidable maverick position
     elements.                                          alleged mental distress of being advised they       that generates a healthy – indeed, nearly
                                                        may have been infected, and of being tested         unanimous – crop of references and accolades
     Gowling Lafleur Henderson                          for tuberculosis. A peer confirms, “Mary is         from peers. “They are really the cream of the
     Gowling Lafleur Henderson has evolved into         well known for her Vioxx involvement. She is        crop, they definitely need to be at the top of
     a firm with national aspirations, opening          persuasive, has influence with judges, and can      any litigation list.” The firm’s unassailable
     offices across Canada in Vancouver, Calgary,       even affect a perfect Scottish brogue when          reputation is supported by clients, one of
     and Montréal, as well as international             called upon – this may sound like an                whom testifies, “I chose them for several
     outposts in Moscow, Beijing, and London.           insignificant detail but it goes a long way in      reasons. The first being that the name
     While Gowlings’ other Canadian offices             some jurisdictions.”                                partners have terrific reputations, which they
     showcase its potential for growth, the firm                                                            have earned, and plus the firm also has great
     claims its most established footprint in           Lax O’Sullivan Scott Lisus                          talent in its next generation. Second, the firm
     Ontario, where it maintains five offices:          Lax O’Sullivan Scott Lisus has fashioned            actually had a big trial win against us, so we
     Toronto, Ottawa, Hamilton, Kenata, and the         itself as a “premier litigation boutique,” and      had seen the value they brought to a file first
     Waterloo region. In Ottawa, where the firm         peer review uniformly supports this lofty           hand.” Composed initially of practitioners
     saw its beginnings, Gowlings is regarded by        claim. “These are the people I would trust to       who splintered off of McCarthy Tétrault,
     peers as “the biggest firm around here,” and       try a case,” “They have a straightforward,          itself considered a stable of exceptional trial
     it is noted that “They are the only firm           no-frills approach and crackerjack people,”         lawyers, Lenczner Slaght continues to carry
     headquartered here to have expanded to near        and “They were always strong and keep               the ethos of retaining lawyers who possess
     national levels.” Peers in Toronto are not         getting stronger,” are just a few of the            critical skills in the event that matters go to
     short on acclaim for the firm either, with one     commendations this firm receives. The               trial. A client opines that “The talent pool for
     offering, “I have a lot of respect for             recognition of the firm’s growing strength          trial work is deeper at Lenczner Slaght, and
     Gowlings, it is a very deep firm with great        possibly refers to the relatively recent recruits   the principals work at a high level. The work
     people at all levels.” Long renowned for           from other esteemed institutions that Lax           the firm gets provides them with a base of
     being a leader in intellectual property, the       O’Sullivan has attracted to its ranks;              experience that is better than most.”
     firm also draws accolades for a host of other      Jonathan Lisus left national superpower                Armed with a “remarkably deep bench,”
     practice areas, including product liability,       McCarthy Tétrault to join the Lax O’Sullivan        the firm houses some of Toronto’s most
     commercial litigation and constitutional law.      team and more recently the firm lured               called-upon litigators. Ronald Slaght is a
     “Gowlings is typically known as an IP shop         Matthew Gottlieb in from Davies Ward                seasoned partner attending to what he calls
     but that’s only half [of] the story. They have     Phillips & Vineberg. Gottlieb is commended          an “eclectic” practice that encompasses
     a nice balanced mix, they do a little bit of       for his practice encompassing corporate and         commercial matters, intellectual property,
     everything, it seems.”                             commercial disputes, insolvency and                 and medical matters. Although Slaght has
        Gowlings’ revered intellectual property         restructuring, and securities. Lisus is             been engaged an increasing amount of
     capacity is stacked with several often-            namechecked frequently as “quite good in            arbitration matters, a client insists that “In
     mentioned practitioners engaged in matters         constitutional law,” as well as maintaining a       my view, Ron Slaght is the best trial lawyer in
     involving patents and trade marks for a host       robust commercial litigation practice. Lisus        Ontario.” Peter Griffin is championed by
     of industry-specific clients. Arthur Renaud        successfully represented 21 General Motors          peers on a nearly unanimous basis and has
     and Anthony Creber, both based in Ottawa,          dealers from across Canada in a multi-party         been retained as counsel for some of
     are uniformly referenced as figureheads            action against General Motors of Canada             Canada’s most salient matters. Among these
     among Ontario IP peers. “You’ll hear a lot         Ltd. for re-instatement and damages arising         is his representation of Sino-Forest in
     about their work in pharmaceutical cases,”         out of mass termination in a 2009                   connection with an investigation by the
     confirms one competitor. Showcasing the            restructuring. The matter settled favorably.        Ontario Securities Commission into
     firm’s IP strength in Toronto are Scott Jolliffe   He also successfully represented Siemens            allegations of improprieties by the
     and Kelly Gill, both also frequent recipients      Canada and PCL against the City of Ottawa           corporation. The firm also acts for the


auditor in a number of class actions brought        property and related disputes, acting as lead       Senior partner James Hodgson is noted for
in Ontario on behalf of various shareholders        counsel in dozens of patent, trade mark and         attending to civil and commercial matters,
and noteholders alleging, among other               copyright infringement cases. Dana Peebles          often with a construction slant.
things, various material misstatements in           and Sarit Batner meanwhile are recognized
Sino-Forest’s public disclosure documents.          for their and class action work at the trial and    Osler Hoskin & Harcourt
Each claim damages in excess of $6 billion.         appellate levels.                                   National full-service firm Osler Hoskin &
Acting with Griffin on these cases is Peter                                                             Harcourt saw its beginnings in Ontario in
Osborne, himself a frequent peer mention as         Norton Rose Canada                                  1862 and has since then risen among the
well. Tom Curry is also uniformly praised by        Through a series of strategic acquisitions          ranks to the position of now being considered
peers as “fabulous,” and he has recently been       involving firms that were once considered           one of the province’s more venerated firms
involved in representing Devonshire Trust in        institutional leaders within their respective       and indeed one of the more recognized ones
its contentious asset claim dispute with            provinces, the UK-based global conglomerate         in the country as well. Within Ontario, the
Barclays. Intellectual property specialist          Norton Rose has staked a solid claim in the         firm conducts litigation through both its
Marguerite Ethier is commended by peers for         Canadian marketplace, to the point where it         Toronto and Ottawa offices. Peers within the
being “very smart, one who exercises sound          has ascended to the position of the country’s       province point to its litigators as “a strong,
judgment.”                                          third-largest firm. The firm’s first entry into     solid team all across the board.”
                                                    the Canadian landscape came via its                  Osler’s most established office is arguably its
McCarthy Tétrault                                   November 2010 announcement of its June              Toronto location, which houses several
McCarthy Tétrault has etched itself a               2011 acquisition of Ogilvy Renault, which,          litigation luminaries that have peers crowing
reputation as a national full-service firm with     having opened in 1879, was considered an            their support. Larry Lowenstein is still a
a pronounced emphasis on litigation; a third        historic institution and one of the most            nearly unanimous mention and is highly
of its lawyers are litigators, and these lawyers
put a premium on the ability and willingness
to try cases. Peers confirm that “McCarthy’s
has had some real ‘lions’ over the years. Some
of them are not as active anymore but all
                                                    “The Smith Griffin, and the principals work Lenczner level. The
                                                          talent pool for trial work is deeper at
                                                                                                  at a high

across the board, this firm is known for
litigators who will go to trial.” Even as it has    work the firm gets provides them with a base of experience that
seen the recent departure of star litigator
Jonathan Lisus and the migration of Toronto
“legend” Thomas Heintzman into a less
                                                    is better than most.          ”
demanding senior counsel role, the firm’s           prestigious firms in the Québec province. The       regarded for his acumen in class actions and
main office in Toronto still houses over half       firm also maintained a presence in Ontario          commercial        litigation.    “Yes,    Larry
of the firm’s lawyers, including some of its        through offices in Toronto and Ottawa.              Lowenstein is still the man over there,”
most celebrated litigators.                         Although several were shocked when the              confirms a peer. Lowenstein has been
   At the senior level, Neil Finkelstein has        Ogilvy brand, with all its historic pedigree,       involved in some of the Canada’s most
been lead counsel in numerous leading               simply disappeared and Norton Rose                  talked-about        cases,     including     the
Canadian         competition,         securities,   appeared in its place, at least one peer asserts,   representation of Sino Forest Corporation as
constitutional, pension, and commercial             “Ogilvy Renault had to merge – their                Counsel to the Independent Committee of the
cases at every level of court up to and             platform in Québec was good, having several         Board of Directors, and Suncor Energy in a
including many appeals in the Supreme Court         big clients regionally, but their national          successful summary judgment motion to
of Canada. “Neil is practically a household         strategy didn’t really take off and so they         dismiss an intended class proceeding brought
word in Toronto and remains active. If he           became ripe for the picking.” The new firm          by Sunoco dealers claiming $200 million.
ever leaves private practice, I suspect he is a     adopted the transitional name “Norton Rose          Deborah Glendinning earns respect for her
likely candidate to go on the bench,” opines        OR” to allow for clients and reluctant              representation of Imperial Tobacco Canada,
one peer. A client confirms, “We used Neil          partners to digest the news and adapt to the        which, along with other tobacco industry
while he was at his former firm, and when he        new brand, which officially converted to            stalwarts, is facing class-action lawsuits from
went to McCarthy’s, our file followed him.          Norton Rose Canada as of January 2012.              smokers who want the tobacco companies to
McCarthy’s reputation of being top litigators          In Toronto, Alan Mark is heralded for his        pay for the health care costs associated with
and very aggressive seems a perfect fit for         commercial litigation practice, which               smoking-related illnesses. Mahmud Jamal is
Neil.” Paul Steep receives near unanimous           encompasses class actions and insolvency as         generating a growing level of acclaim for his
name recognition and praise from peers for          well as a significant electricity law and           handling of a wide variety of commercial
his securities and class action practice. A peer    regulation practice. Mark is counsel to             litigation matters, focusing primarily on class
notes, “I could ladle on the superlatives           ArcelorMittal before the Ontario Securities         action defense work. Seasoned insolvency
about Paul, but anyone referencing                  Commission in a poison pill hearing relating        veteran Lyndon Barnes is, despite his senior
McCarthy’s will undoubtedly mention his             to takeover bids by ArcelorMittal and by            status, still championed by peers, one of
name and that should speak for itself.” Paul        Nunavut Ore Acquisition Inc. for the shares         whom insists, “Lyndon was rumored to be
Morrison is acknowledged by peers as “a             of Baffinland Iron Mines Corporation. Mark          slowing down, but he’s still in the game.” On
bulldog,” with a practice that focuses              is also counsel to Nortel Networks                  the other end of the spectrum, Mark
primarily on class actions for some sizable         Corporation and Nortel Networks Limited in          Gelowitz enjoys a rising star status among
corporate clients such as General Electric and      their insolvency filings and related                peers for his involvement in “a lot of high-
Toronto Dominion Bank. “Don’t count on              proceedings including ongoing cross-border          profile securities work.” Gelowitz is called “a
Paul to be a shrinking violet in court. If he’s     disputes with other Nortel companies                straight shooter, highly competent and good
on a case, the other side is in for a fight.”       concerning allocation of over $3 billion of         to work against.” Graham Reynolds
Beyond the senior level, the firm has also          sales proceeds from multiple divestitures of        represents both immunity applicants and
done a commendable job of grooming its              businesses as part of Nortel’s restructuring,       targets of domestic and multinational
“next generation” of talent, with several           and proceedings seeking the invalidation in         antitrust cartel investigations in a wide
partners tipped as future stars by peers.           Canada of a £2.1 billion proceeding by the          variety of industries. He also provides
Steven Mason focuses on intellectual                Pensions Regulator of the United Kingdom.           strategic and counseling advice to

                                                                   THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                   91

     multinational corporations on antitrust and        Garland, peers insist, “Yes, you definitely         divide. Peers regularly point to litigators
     other regulatory matters. The firm’s Ottawa        should recognize him.”                              within the firm, and a client confirms, “We
     location is home to the firm’s most often-                                                             engaged Torys because we were looking for
     namechecked        intellectual    property        Stikeman Elliott                                    counsel in Ontario with exemplary
     practitioners, namely David Aitken, Marcus         National full-service firm Stikeman Elliott         credentials in the area of commercial
     Klee, and Bradley White. Regarding this            has emerged as one of Canada’s “titans” with        litigation and consumer class actions. Torys
     group, a peer exclaims, “Clients LOVE              respect to corporate work, but the firm is also     proved very effective in the written and oral
     them!” These clients include pharmaceutical        championed as “one of the stronger players”         capacities.” A plum client of Torys’ is Pfizer,
     giants such as Teva and Pfizer.                    in its litigation capacity as well. While the       with which the firm has cemented a coveted
                                                        firm saw its origins in Québec, Stikeman            relationship and for which it has handled
     Smart & Biggar/Fetherstonhaugh                     Elliott has left its indelible stamp on Ontario     several high-stakes matters.
     A collaboration operating in union for a           as well, setting up shop in Toronto and                John Laskin is referenced by peers almost
     century       on     average,      Smart      &    Ottawa. The Toronto office in particular has        without exception. He is called “a fabulous
     Biggar/Fetherstonhaugh is Canada’s largest         generated a noteworthy buzz amongst peers.          lawyer, civil, highly competent and well
     intellectual property firm and the only one to     “They have a reputation as a highly                 rounded.” Laskin provides counsel for
     grow to national levels solely on the strength     competent firm, not to be messed with,              Calgary-based gold company Infinito Gold in
     of this exclusive practice focus. Peers            especially in insolvency matters,” asserts one      its arbitral claim against the Republic of
     confirm, “Smart & Biggar is the biggest and        competitor, while another marvels, “Look at         Venezuela in which Infinito is seeking $1
     the deepest IP shop in Canada.” The firm           the lineup they have over there. It’s like a full   billion in compensation for the alleged
     estimates that it currently devotes 25% of its     house of stars.”                                    expropriation by Venezuelan mining
     overall practice to contentious issues, and it        A near constant mention amongst peers is         authorities of a major gold concession it held
     has been observed that it “seems to be             Peter Howard, who is called “very                   in Venezuela. Laskin also acted for OPG,
     growing its litigation practice.” The firm         imaginative, a class act.” Howard’s practice        Ontario’s largest electricity generator, on its
     attends to all manner of IP disputes regarding     emphasizes commercial litigation including          2011/2012 rate hearings before the Ontario
     trade marks, patents, copyrights, designs,         securities law, class actions, commercial           Energy Board and the Divisional Court
     licenses, and general media issues. Smart &        contracts, oppression and other types of            earlier in 2011. Acting with Laskin in this
     Biggar arguably sees its greatest strength and     shareholder and joint venture litigation and        matter is Crawford Smith, who peers respect
     depth in Ontario, where it maintains an            insolvency matters. Litigation group head           as “younger but definitely moving up.”
     office in the commercial epicenter of Toronto      David Byers is another frequent mention in          Another unanimous mention is Sheila Block,
     as well as one in the capital city of Ottawa, a    the insolvency arena. A peer enthuses, “I like      revered by peers as “top of the heap” with
     locale which is not only very attractive to IP     him, he’s got the goods.” Another near-             one going as far as to assert definitively, “For
     litigators due to its proximity to the Federal     unanimous peer mention, Katherine Kay               me, that is a trial lawyer.” Block is defending
     Court but also due it to its status as a rapidly   receives broad acclaim as “an excellent             Manulife in a certified class action
     developing hotbed for the technology sector.       lawyer, and especially a whiz in                    commenced by Manulife’s former Barbados
        The firm did lose established star litigator    competition.” A major component of Kay’s            policyholders in which the plaintiffs allege
     John Morrissey in January 2012 when                practice is the defense of class actions, where     that, although their policies were sold and
     Morrisey opted to retire. However, the firm        she has extensive experience in a wide range        transferred to another insurer in 1996, they
     still does retain some of the country’s more       of cases, including those alleging anti-            were wrongly deprived of demutualization
     touted IP trial lawyers. In Toronto, Gunars        competitive conduct and securities law              benefits, approximated to be worth about
     Gaikis attracts resounding peer praise and         violations, product liability, franchise and        $100 million, when Manulife demutualized
     respect for his “diligent work in the              consumer cases. Alan D’Silva attends to a           in 1999. Block is also acting on behalf of
     pharmaceutical       sector.”     A     licensed   complex variety of matters including defense        RBC Dominion Securities, acting for certain
     pharmacist himself, Gaikis primarily acts on       of class actions, corporate/commercial              investment dealers in their capacity as
     behalf of patentees in the innovative              disputes, securities, insurance, and product        underwriters in their defense of a $100
     pharmaceutical industry. Sheldon Hamilton          liability. “Alan D’Silva is on the case. He’s       million class action concerning the 2010
     is also noted for his pharmaceutical work.         tough, thorough and plays for keeps.” John          public offering of SMART Technologies. The
     Hamilton acted as counsel to AstraZeneca in        Judge is noted by peers for having “a very          class action alleges that the IPO prospectus
     a case against Mylan in which Mylan had            successful international arbitration practice.      contained material misrepresentations and
     alleged that the patent for anastrozole, which     He has gone out of his way to build that, and       omissions regarding SMART’s financial
     is marketed as AstraZeneca’s ARIMIDEX,             that’s not very easy to do within a big firm.”      condition. Two other litigators frequently
     was invalid on the bases of obviousness and        Adrian Lang is tipped as a future star by           referenced by peers are Patricia Jackson and
     that utility had not been demonstrated or          peers for her commercial, securities, and           Wendy Matheson, both of whom represent
     soundly predicted at the time of filing the        class-action practice.                              Bayer as national, coordinating, and Ontario
     patent application. In an August 2011                                                                  counsel in several multimillion-dollar class
     decision, the court held that the patent           Torys                                               actions regarding two different Bayer
     promised inhibition of the enzyme                  Torys has been an Ontario institution since it      pharmaceuticals. A client champions Jackson
     aromatase, and that the inventors had              first opened its doors in 1941. With its            and Matheson as “very strategic and
     demonstrated the promised utility. The court       Toronto headquarters being its only                 generous in their approach, focused on long-
     also rejected Mylan’s obviousness argument.        Canadian operation for many years, Torys            term goals. Exactly what you want from your
     Ottawa-based Steven Garland represented            nonetheless achieved recognition and a              legal representatives.” in a precedent-setting case             prestigious standing all throughout Canada.
     resulting in a 2010 decision in which the          More recently, in March 2011, the firm              Recommended firms
     court allowed an appeal of a decision of the       expanded westward into Alberta and opened
     Commissioner of Patents that rejected              an office in Calgary, bridging the east-west        Dimock Stratton’s patent application directed to        divide and now establishing itself as a             Intellectual property boutique Dimock
     “Single-action/One-click” ordering. In             litigation resource for the two most dynamic        Stratton has carved itself a niche in the
     rendering its decision, the Court concluded        Canadian business epicenters. Through its           Toronto market. Although the firm attends to
     that a “business method” may be patented in        New York location, the firm is also poised to       intellectual property issues of every stripe,
     Canada in appropriate circumstances. About         attend to matters bridging the cross-border         litigation is a noted strength. Peers marvel at


the firm’s willingness and ability to take        FMC and is still in the mix on big cases.”          brought by unit holders relating to
matters to trial, often going up against and      Norm Emblem is noted his robust                     allegations that the fund managers breached
triumphing over partners at much larger           professional liability practice, which includes     their duties to unit holders by failing to
shops. “Dimock Stratton appears to keep           a longstanding position as counsel for one of       properly protect the funds from harm caused
popping up in these patent cases, and they are    the “big four” accounting firms. “Norm has          by the frequent market timing transactions of
not afraid to take on the megafirms.” Much        a good, unflappable demeanor, which you             certain market timing traders. Roebuck
of the adulation for the firm can be attributed   need for the kind of litigation he deals with,”     defeated the plaintiffs’ motion for
to name partner Ronald Dimock, who                confirms a peer. Future star Neil Rabinovitch       certification at the first court level and
generates the lion’s share of recognition. “I     attends to a varied litigation practice with an     negotiated a global settlement of class-action
think of him as thoughtful and hard               emphasis on franchise disputes. His clients         proceedings in two jurisdictions.
working,” attests a peer. Dimock is an all-       have included Dunkin Donuts, Golden
purpose IP practitioner, but his expertise in     Griddle, and Baskin Robbins. A peer                 McMillan
this arena has allowed him to channel this        enthuses, “I like him.”                             While having grown to national levels
into strategies to be seamlessly employed at                                                          through its offices in Vancouver, Montréal,
trial. He has successfully steered his clients    Heenan Blaikie                                      and most recently Calgary, as well as
through a staggering 35 contentious patent        Initially based in Québec, Heenan Blaikie has       internationally through its office in Hong
trials. A peer observes, “I never thought of      since expanded nationally and internationally       Kong, Ontario remains the firm’s greatest
Ron as a typical ‘litigator’ but even I was       with measured success. Among all of the             stronghold. Through its offices in Toronto
surprised when I stopped and took stock of        offices established by the firm since its genesis   and Ottawa, McMillan regularly represents
how frequently I see him in trial. And he         in Montréal, Heenan Blaikie’s Toronto office        and advises governments, agencies, tribunals,
continues to impress.” A client also weighs in    has arguably been its most active in litigation.    international panels and organizations. In
by confirming, “I chose Ron Dimock based          The Toronto office is heralded by peers for         recent years, the firm has acted for a group of
on his personality and reputation with our        being “especially strong in construction as         institutional bondholders in challenging the
Canadian customer base.” Dimock’s diverse
client roster includes A-list names such
Toronto Dominion Bank and Valence
Technology. Most recently, he is representing
Dow Chemical in a patent infringement
                                                  “Michael Barrackon sabbatical, Grout Finnigan] iswould takethat
                                                  when I once went
                                                                   [of Thornton
                                                                                 I asked him if he
                                                                                                    so good
action     on     polyethylene      copolymer
compositions. This action was initiated in        over my files, which he did a wonderful job on. I trusted him,
December 2010 and corresponds to a lawsuit
in the United States on the same technology.      without question. He has a great high-level ability to condense
The matter is scheduled for trial in the
Federal Court of Canada January 2013.
Bruce Stratton is also noted for representing
                                                  what a case is all about.            ”
Easton Canada Sports in the appeal of a           well as labor and employment law” and is            $52 billion leveraged buyout of BCE, was
patent on hockey skates, which involves prior     populated by litigators considered to be            successful in having class-action proceedings
art validity and scope of remedies. After a       “honest and straightforward.” One peer goes         dismissed against Shell and GlaxoSmithKline,
hearing on January 2011, the Federal Court        on to enthuse, “I could see them being in the       and acted for a syndicate of banks in a $1.2
of Appeal upheld the trial decision. “Ron         top tier if it wasn’t such a crowded                billion claim against a major Canadian
Dimock is a big brain and definitely ‘the man’    market.”Among the most often-referenced             corporation in a breach of contract case.
at his firm. But he has also really built it up   litigators, Jonathan Stainsby frequently crops      McMillan lawyers also regularly appear in
well and groomed some younger team                up in conversations with peers and clients.         court in connection with major insolvency
members that show real promise,” asserts a        Originally more of a generalist in his              and restructuring proceedings. David Kent
peer.                                             approach, Stainsby has seen his practice has        has acted as defense counsel in some of the
                                                  take on more of an intellectual property            largest     Canadian       criminal      cartel
Fraser Milner Casgrain                            angle, particularly defending manufacturers         prosecutions, including the Vitamins and
National firm Fraser Milner Casgrain has          of generic pharmaceuticals. Peers assess            Graphite Electrodes cases, as well as in most
been in existence for over 170 years, making      Stainsby as “a pleasure to work with or, for        of the major Canadian civil cartel class-action
it one of Canada’s oldest firms. Within           that matter, against,” while clients cheer,         cases. “For competition issues, David is first-
Ontario, the firm maintains offices in            “Jon is knowledgeable about copyrights and          rate,” raves one of the several peers who
Toronto and Ottawa, and peers from both           litigation, reasonably priced, and great to         recommend him. Markus Koehnen provides
cities acknowledge the firm’s litigation          work with. I have used other firms, but I           counsel in a number of recent significant
footprint in the province of Ontario and          would call Jon first every time.” Stainsby has      international arbitration matters and has also
beyond. “FMC has some good people on              been attending to several matters on behalf of      acted for the group of institutional
both the senior tier and at the younger level,    Teva Canada Limited, for which Stainsby             bondholders in challenging the leveraged
it’s a good mix all around.” Representing the     scored a July 2011 victory when he prevailed        buyout of BCE. A peer offers, “Markus offers
former, John Lorn McDougall has been a            in a four-week impeachment action and               sound counsel and has excellent strategic
fixture of Canada’s litigation landscape for      successfully invalidated Lilly’s patent             focus. I would refer work to him and not
over 30 years. While moving increasingly into     claiming the use of atomoxetine as an               worry – he knows what he’s doing.”
a counsel and arbitration-oriented role, his      effective treatment for ADHD. Senior
stature as a seasoned commercial litigation       litigator Don Jack is noted for his acumen in       Paliare Roland
veteran still gives rise to recognition and       commercial disputes, professional liability,        Toronto firm Paliare Roland has etched itself
demand for his services from all across           class actions, constitutional, competition,         a respectable reputation amongst Ontario
Canada. Peers recommend him for “sound            and securities law. “Don Jack is excellent,”        litigators. With 29 lawyers total, the firm
counsel and tons of experience” and               raves a client. Commercial litigator David          qualifies as one of the province’s premier
acknowledge that “JL is a little less active at   Roebuck recently scored a victory on behalf         “mid-size” entities. However, its business
trial than he once was but he remains a           of AGF, a Canadian mutual fund company, in          model is applauded by peers, one of whom
figurehead for litigators inside and outside of   a $600 million class-action proceeding              remarks, “I like the operations of Paliare

                                                                 THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                  93

     Roland, you don’t deal with red tape or             in court. Peter Roy and David O’Connor            practice includes competition law, criminal
     bureaucracy, no ‘BS’, they are quick, wise,         both garner peer praise as respected names in     law, discipline proceedings, general civil
     and agile. And they have done well                  the community for their class action and          litigation and administrative law. He acts for
     distributing their talent among the senior          commercial prowess.                               private clients, as well numerous regulators
     people and the younger partners.” Among                                                               and administrative agencies. In addition,
     the former group, name partner Chris Paliare        Siskinds                                          Brian has frequently acted as counsel on
     is heralded for attending to a broad spectrum       Siskinds is a mid-sized litigation-oriented       federal and provincial Commissions of
     of litigation issues, including commercial          firm with a presence not only in Toronto but      Inquiry. “I would call Paul or Brian instantly
     litigation, class actions and pension litigation.   also in London, Ontario, from which it            if I had a case that I couldn’t handle,”
     “It’s so much fun dealing with Chris, you           derives a noteworthy amount of business.          confirms a peer at a larger regional firm.
     learn something every time and it’s easy!”          While litigation is its focus, it would not be
     Linda Rothstein is a noted civil and                accurate to label the firm a “boutique.” Peers    Thornton Grout Finnigan
     commercial litigator with particular expertise      applaud its leaner business model, allowing it    A relatively new entry to the Canadian legal
     in class actions, professional liability and        the freedom and deftness to take on almost        landscape, Thornton Grout Finnigan set up
     misconduct, public law, employment and              any type of litigation file. The firm conducts    shop in Toronto in 1998 and to date this
     human rights, judicial review and appeals.          a considerable amount of plaintiff work in        office remains its only operation. Historically
     “Linda is hip and works a file intelligently,”      areas such as personal injury, product            the firm was has been noted for being a top
     assesses a peer. Robert Centa meanwhile is          liability, and medical malpractice, as well as    insolvency shop and not necessarily one to
     pointed out as “an EXCELLENT future star,           attending to matters in either a plaintiff or     turn to for commercial litigation. However,
     who’s done quite a bit of legwork.” Centa           defense capacity in the more typical areas of     its trajectory changed in 2008 when the firm
     maintains a practice that emphasizes public         commercial litigation and, with many sub-         made the auspicious acquisition of Michael
     law and business litigation.                        categories within these areas addressed as        Barrack, a widely revered “expert” in
                                                         well. “This is an underrated firm because         Canadian litigation. Barrack joined the firm
     Roy Elliott O’Connor                                they do a lot of their work from London           after a career with national firm McCarthy
     With class-action litigation seeing an              rather than Toronto, but they have great          Tétrault, a firm noted for retaining, and
     undeniable rise in virtually every Canadian         people in all of their offices and certainly in   producing, true “trial lawyers.” Barrack’s
     province, the Toronto boutique of Roy Elliott       London they are on top,” insists a peer, who,     litigation pedigree is held aloft by the near-
     O’Connor has positioned itself as a firm            it should be noted, is based in Toronto. In the   unanimous level of peer enthusiasm. “He’s as
     specifically tailored to take on the high           London office, Charles Wright is commended        good as it gets, first-rate counsel, among the
     demand for counsel on these matters in              for his robust competition practice. “You will    top five in Canada,” assesses one competitor,
     Ontario, particularly on the plaintiff side.        want to take note of him, he’s got a thriving     while another testifies, “Mike Barrack is so
     Formed in 2004 by partners at major                 class actions ability as well,” crows a peer.     good that when I once went on sabbatical, I
     Canadian firms who left to found this                                                                 asked him if he would take over my files,
     boutique, the firm is considered an “upstart,       Stockwoods                                        which he did a wonderful job on. I trusted
     and a dangerous one.” Partners within the           Since its formation in 1979, the Stockwoods       him, without question. He has a great high-
     firm have been said by peers to display             barristers boutique has concentrated              level ability to condense what a case is all
     “exemplary” skills in the class action arena,       exclusively on litigation and in this capacity    about. And his entrepreneurial knack allows
     as well as others such as securities and            has won rapturous acclaim from peers even         him to hand-select the most meaningful
     commercial litigation. “Look into this firm,        outside Ontario. “It’s a great firm, with         cases.” Barrack has been heavily involved in
     they have been up to some very interesting          people who can give plenty of people at the       a matter concerning the Ministry of Energy’s
     things,” advises a peer, while another attests,     big firms a run for their money,” enthuses a      October 2010 cancellation of a signed
     “Roy Elliott is one of the few class action         peer. Paul Le Vay practices in the areas of       contract with a private-sector developer to
     plaintiff shops that has brought consistently       securities litigation, corporate/commercial       build a 900 MW gas-fired project because
     compelling cases, no ‘junk.’” Most recently,        litigation,      professional      negligence,    decreased electricity demand, the supply of
     in September 2011, the firm launched a              employment law and professional regulation        more than 8,000 MW of new and cleaner
     proposed class action against the Remington         and discipline. He is bilingual and conducts      power, and increased conservation efforts
     Group to recover excess development charges         litigation and administrative matters in both     had caused the ministry to deem it
     that the plaintiff alleges should not have been     English and French. Le Vay represents clients     unnecessary. “There aren’t many who are as
     paid by purchasers of the Downtown                  in     Ontario      Securities   Commission       good as Barrack, but if Thornton Grout got
     Markham property development located in             investigations and proceedings, defends           one more commercial litigator even half as
     Markham, Ontario. The plaintiff seeks to            officers and directors in securities class        good as him, they would be considered a top-
     recover those excess charges, court costs and       actions, acts for investment dealers in various   tier litigation firm for sure.” In the insolvency
     taxes, on behalf of all Downtown Markham            civil actions and provides general advice on      capacity, for which the firm has mined a
     residential property purchasers that paid           and litigating a wide variety of commercial       considerable niche, James Grout is also
     those excess charges. The allegations in the        matters. Brian Gover is a noted member of         commended by peers for his restructuring
     statement of claim have not yet been proven         the American College of Trial Lawyers. His        acumen.


         Contact: Jeffrey S. Leon L.S.M., Partner
         Phone: 416.777.7472; Email:
         3400 One First Canadian Place, P.O. Box 130
         Toronto, Ontario, M5X 1A4

         Bennett Jones is consistently recognised for its expertise in domestic and
         cross-border business litigation. The firm is known for its strength in the areas
         of competition and antitrust, securities, class action, commercial, intellectual
         property, commercial fraud and professional negligence litigation and has
         prominent practitioners in alternate dispute resolution, including international
         commercial arbitration.

         Commercial Litigation:
         The Bennett Jones Commercial Litigation practice group acts in a wide range
         of corporate, commercial and related business disputes in Canadian courts,
         and before various boards and arbitral tribunals, both domestically and
         internationally. We have specialized expertise before the provincial securities
         commissions and in cross-border securities litigation and cross-border
         securities enforcement. With more than 100 lawyers practising commercial
         litigation nationally, Bennett Jones litigators have significant expertise in all
         aspects of dispute resolution, and have leading reputations before the courts
         and tribunals. We have a significant practice representing major technology
         and telecommunications companies. Our professionals also have many years
         of experience conducting commercial arbitrations, including those related to
         issues in the oil and gas, mining and construction industries. Our expertise in
         commercial arbitrations includes proceedings governed by ICC and AAA

         Our clients range from international corporations to privately held enterprises
         and individuals, and our lawyers’ reputations, contributions to Canadian case
         law, and distinguished history of service have resulted in top rankings in all
         major legal directories for many of our litigators, in a multitude of general and
         specialized corporate and commercial litigation practice areas.

         Class Actions:
         Facing a potential class proceeding is a significant event for a corporation and
         its directors and officers. Tactical complexity and multi-stakeholder interests
         makes this a unique form of litigation that requires seasoned strategic
         decision-making and case management. Since the enactment of the class
         proceedings legislation in common law jurisdictions throughout Canada, our
         lawyers have led and participated in class-action defences in Ontario, Alberta,
         Saskatchewan, British Columbia and other Canadian jurisdictions, and as part
         of global proceedings, involving competition, securities, interest rate,
         negligence, product liability, pension fund, franchise, consumer and
         employment-related issues.

         We have been retained by major domestic and international corporations in
         the defence of these complex proceedings. Representing parties at every
         stage of the lawsuit, from pre-certification motions and applications through to
         trial, we bring to each phase coordinated strategies and effective
         communications to streamline the litigation process. Our preferred approach is
         to employ a variety of pragmatic strategies to eliminate or narrow the claim
         prior to certification, and then to proceed to trial or resolution as may be
         appropriate based on a range of both legal and business considerations. We
         also advise clients on mitigating their class action risk and we proactively
         monitor trends in prospective class action development.

         Litigation Strategy
         We are committed to working with our clients to develop an effective and
         cost-efficient strategy to identify and achieve their goals in the prosecution and
         defence of business disputes.


     MICHAEL A. EIZENGA                                                               ALAN P. GARDNER
                          BENNETT JONES                                                                    BENNETT JONES
                          3400 One First Canadian Place,                                                   3400 One First Canadian Place,
                          P.O. Box 130                                                                     P.O. Box 130
                          Toronto, Ontario, M5X 1A4                                                        Toronto, Ontario, M5X 1A4
                          Phone: 416 777 4879                                                              Phone: 416 777 6231
                          Email:                                                 Email:
                          Web:                                                        Web:

     Education:                                                                       Education:
     University of Western Ontario, BA, 1979 | Dallas Theological Seminary,           Carleton University, BComm, 1993 | University of Ottawa, LLB, 1997
     ThM, 1984 | University of Western Ontario, MA, 1986 | University of
     Western Ontario, LLB, 1989                                                       Profile
                                                                                      Practising in the areas of securities and commercial litigation, with a focus
     Profile                                                                          on securities regulatory investigations, Alan Gardner represents clients that
     A fellow of the American College of Trial Lawyers and co-chair of the firm’s     include investment banks, hedge funds, broker-dealers, technology
     class actions practice, Michael Eizenga is recognized as one of Canada’s         companies, newspapers and manufacturers, as well as Board members,
     leading class action litigators. Michael advises and represents clients on all   senior management and Special Committees of public companies involved
     issues relating to class proceedings, including securities, product liability,   in regulatory investigations or shareholder litigation.
     competition and other commercial matters.
                                                                                      While Alan was with Cadwalader Wickersham & Taft LLP in New York
     Since its inaugural 2006 edition, Michael has been named annually in Best        (2001-2005), he conducted numerous internal investigations, including
     Lawyers in Canada. He is also named annually in The Canadian Legal               representing CIBC World Markets in connection with market timing and
     Lexpert Directory, and in 2011 was ranked as Most Frequently                     late trading investigations conducted by the United States Securities &
     Recommended in the areas of Litigation – Class Actions and Product               Exchange Commission and New York Attorney General Elliot Spitzer,
     Liability. Michael is also named annually in the Lexpert/American Guide to       including assisting in the settlement of those matters. While at Cadwalader,
     the Leading Lawyers in Canada as a leading class action litigation and           Alan also acted for Bear Stearns in connection with the McKesson
     product liability lawyer.                                                        litigation in the Northern District of California, where he was admitted pro
                                                                                      hac vice. In addition, Alan represented, and continues to represent, Lipper
     Michael teaches Class Actions at the University of Western Ontario’s             Holdings, LLC, the general partner of a group of convertible arbitrage
     Faculty of Law and has also taught in the Departments of Political Science       investment funds founded by Kenneth Lipper, a Former Deputy Mayor to
     and Philosophy. He has also taught at Osgoode Hall’s Intensive Trial             Mayor Ed Koch. Alan has substantial experience both before the New York
     Advocacy Workshop; and the Law Society’s Bar Admission Course.                   courts, and before arbitration panels of the Financial Industry Regulatory
     A frequent lecturer and author regarding class action litigation, Michael has
     presented domestically and internationally to organizations such as the          Since returning to Canada in 2005, Alan has continued to represent
     International Bar Association, the Canadian Bar Association, the Canadian        financial institutions and market participants in connection with regulatory
     Institute and the Advocates’ Society. Michael is co-author of Class Actions      investigations and before the courts. In that regard, Alan has represented
     Law and Practice and co-editor of Readings in the Philosophy of                  Research In Motion Limited in connection with several regulatory
     Constitutional Law.                                                              investigations, including RIM’s settlement with the OSC in connection with
                                                                                      historical stock options dating practices. Often in connection with
     He is a member of the Board of Directors of the Toronto Rehabilitation           regulatory inquiries, Alan is frequently engaged to provide corporate
     Institute Foundation, and has been a member of numerous other                    governance advice and recommendations to conform with best practices.
     community, professional and academic organizations. He is a past member          Alan has been retained numerous times to represent boards, board
     of the Board of Directors of Pro Bono Law Ontario (2008-2011). He is             committees and board members of public companies, including board
     also a past president of The Advocates’ Society (2007-2008), a former            chairs, in connection with regulatory investigations. Alan also represents
     member of its Board of Directors (1999-2008), and founding co-chair and          multiple financial institutions in connection with MFDA and IIROC
     member of its Advisory Board, Institute for Civility and Professionalism         investigations and settlements.
     (2008-present). Michael is a former president of the Liberal Party of
     Canada (2003-2006).


ERIC R. HOAKEN                                                                  DOMINIQUE T. HUSSEY
                     BENNETT JONES                                                                   BENNETT JONES
                     3400 One First Canadian Place,                                                  3400 One First Canadian Place,
                     P.O. Box 130                                                                    P.O. Box 130
                     Toronto, Ontario, M5X 1A4                                                       Toronto, Ontario, M5X 1A4
                     Phone: 416 777 5780                                                             Phone: 416 777 6230
                     Email:                                                 Email:
                     Web:                                                       Web:

Education:                                                                      Education:
Queen’s University, BA (Hons), 1988 | London School of Economics (UK),          McGill University, BSc, 1997 | McGill University, LLB, 1997 | Columbia
MSc, 1989 | Queen’s University, LLB, 1992                                       University (USA), LLM, 2002

Profile                                                                         Profile
As the co-chair of the firm’s class action practice, Eric Hoaken devotes a      Dominique Hussey is the Intellectual Property Litigation Practice Group
large portion of his practice to class proceedings. He regularly represents     leader. Her practice emphasizes pharmaceutical litigation and trademark
defendants in actions commenced pursuant to the Class Proceedings Act           prosecution and litigation, and involves litigating and negotiating and
and is frequently involved in advising and representing parties in complex      structuring settlements of all types of intellectual property disputes. She is
cross-border class proceedings in multiple jurisdictions.                       consulted on regulatory, trademark, copyright and patent matters, including
                                                                                in the course of corporate mergers, acquisitions, restructuring and joint
Eric’s commercial litigation practice also includes matters involving           ventures. Dominique also assists in due diligence and IP matters on
shareholder disputes, breaches of fiduciary and contractual obligations,        technology deals and works on consumer and retail product,
and the interpretation and application of directors’ and officers’ liability    pharmaceutical and biotechnology-specific commercial matters.
insurance policies. He has appeared at all levels of Ontario court, and in
the courts of several other provinces, on a variety of motions, applications,   Before joining Bennett Jones, Dominique practised for three years at a
trials and appeals. Eric also regularly represents parties in administrative    major law firm in New York where she provided litigation and counselling
matters, appearing before a wide range of boards and tribunals.                 services to pharmaceutical and consumer products companies in the areas
                                                                                of patents, trade secrets and false advertising, with a particular focus on
In addition to his class proceedings and commercial litigation practice, Eric   Hatch-Waxman Act and Medicare Modernization Act patent litigation. She
has significant experience in health law, representing health care              previously practised at a prominent law firm in Ottawa, advising on
institutions, corporations and professionals in a variety of proceedings and    pharmaceutical regulatory matters and practising in the areas of patent,
disputes.                                                                       trademark and copyright litigation and trademark prosecution.

Eric is a frequent speaker at professional conferences and seminars on a        Dominique regularly writes, speaks and teaches on advocacy, litigation and
variety of topics relating to litigation, advocacy, class actions and health    intellectual property topics. Articles she has written have appeared in
law. He has also published articles and updates on a variety of litigation      publications such as the Canadian Intellectual Property Law Review and
topics, with a particular emphasis on topics relating to class proceedings.     the Journal of Generic Medicines.

Eric is also active in the community as a member of the adjunct faculty of      She is admitted to the United States District Courts for the Southern and
the University of Western Ontario law school and through his service on         Eastern Districts of New York and the United States Court of Appeals for
the board of directors of Turning Point Youth Services.                         the Federal Circuit.

                                                                       THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                     97

     JEFFREY S. LEON L.S.M.                                                            JOHN F. ROOK Q.C.
                          BENNETT JONES                                                                     BENNETT JONES
                          3400 One First Canadian Place,                                                    3400 One First Canadian Place,
                          P.O. Box 130                                                                      P.O. Box 130
                          Toronto, Ontario, M5X 1A4                                                         Toronto, Ontario, M5X 1A4
                          Phone: 416 777 7472                                                               Phone: 416 777 4885
                          Email:                                                     Email:
                          Web:                                                         Web:

     Education:                                                                        Education:
     University of Alberta, BA (Hons), 1973, gold medallist | University of            Queen’s University, BA, 1968, with honours | University of Toronto, LLB,
     Toronto, MA, 1974 | University of Toronto, LLB, 1977                              1971

     Profile                                                                           Profile
     A certified Specialist in Civil Litigation by the Law Society of Upper Canada     John Rook is recognized by Chambers Global as “among the most sought-
     and co-chair of the firm’s litigation department, Jeffrey Leon has a general      after competition litigators in Canada” and has appeared before the courts
     litigation practice with a focus on business litigation.                          of a number of provinces, the federal courts and the Supreme Court of
                                                                                       Canada. He has also appeared before the Competition Tribunal, the
     Jeff acts in a variety of litigation matters, including securities, commercial,   Canadian Radio-television and Telecommunications Commission, the
     corporate, class proceedings, product liability, professional negligence and      National Energy Board, the Manitoba Public Utilities Board and the Ontario
     health care. As well, he has acted in administrative law matters and has          Energy Board, among others.
     appeared in both domestic and international arbitrations as counsel. He
     has been involved in numerous cross-border and international commercial           John acts as counsel in both civil and criminal proceedings under the
     disputes.                                                                         Competition Act in class actions as well as other specialized administrative
                                                                                       and regulatory matters, including securities, telecommunications and
     Jeff is recognized as a leading practitioner in corporate and commercial          energy law disputes. He is also active in commercial disputes, including
     litigation, securities litigation and directors’ and officers’ liability by The   claims for breach of contract, negligence and product liability claims,
     Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada                claims for breach of fiduciary duties as well as various administrative law
     and is also recognized by The Canadian Legal Lexpert Directory and Best           proceedings.
     Lawyers in those areas as well as class actions and professional liability.
     He has been named by Best Lawyers as one of a select group of “Bet-the-           He writes extensively in his areas of expertise and is a frequent speaker.
     Company Litigators” and as the Lawyer of the Year 2010 in class action
     litigation (Toronto). Chambers Global: The World’s Leading Lawyers for            In the community, John is a director of the Stratford Shakespearean Festival
     Business recognizes Jeff in the area of dispute resolution as an “excellent       Endowment Foundation and Chair of the Board of the St. Andrew’s
     attorney with an erudite approach to matters” and with “a significant             College Foundation.
     presence at the appellate level.”

     In 2005, Jeff was awarded the Law Society Medal by the Law Society of
     Upper Canada in recognition of his outstanding service and contributions
     to the legal profession. In 2010, he became the second recipient of the
     Advocates’ Society’s Catzman Award for Civility and Professionalism,
     which recognizes individuals who have demonstrated a high degree of
     professionalism and civility in the practice of law. He is also a past
     President of the Advocates’ Society.

     A former law clerk to the Chief Justice of Ontario, he is a regular author,
     speaker and panelist, having published two books and numerous articles
     and participated in many CLE programs. He is a member of the editorial
     board of Corporate Liability (Federated Press).

     Jeff is a fellow and Regent of the American College of Trial Lawyers, past
     vice-chair of the organization’s Access to Justice Committee, and past
     chair of the Ontario Province Committee and the Canada-United States
     Committee. He is a fellow and member of the Board of Directors of the
     International Academy of Trial Lawyers and a fellow of the International
     Society of Barristers. Jeff is also a fellow of the Litigation Counsel of
     America and an honourary member of the Commercial Bar Association
     (UK). He serves as the Chair of the Board of Directors of Pro Bono Law
     Ontario and is a member of the Dickson Circle. He is Co-Chair of the
     University of Toronto’s Tribunal and a member of the Law Alumni
     Association Council at the University of Toronto Faculty of Law. He serves
     as a Mentor under the Law Society of Upper Canada’s Civility Complaints
     Protocol and is a Founding Member of the Toronto Commercial Arbitration
     Society. Jeff has been a frequent guest lecturer at the University of Toronto
     Law School and Osgoode Hall Law School. He has for many years taught
     advocacy skills for The Advocates’ Society and for the Osgoode Hall
     Intensive Trial Advocacy Workshop. In the past, he also served as a
     Sessional Lecturer at the University of Western Ontario Law School and
     the Centre of Criminology, University of Toronto.


ROBERT W. STALEY                                                               RICHARD B. SWAN
                    BENNETT JONES                                                                   BENNETT JONES
                    3400 One First Canadian Place,                                                  3400 One First Canadian Place,
                    P.O. Box 130                                                                    P.O. Box 130
                    Toronto, Ontario, M5X 1A4                                                       Toronto, Ontario, M5X 1A4
                    Phone: 416 777 4857                                                             Phone: 416 777 7479
                    Email:                                                 Email:
                    Web:                                                       Web:

Education:                                                                     Education:
University of Toronto, LLB, 1985                                               University of Manitoba, BA, 1985, with distinction | McGill University,
                                                                               LLB/BCL, 1989, with honours
Robert Staley’s practice focuses on complex commercial and securities          Profile
litigation and securities regulation. Rob has extensive experience in          Richard Swan is co-chair of the firm’s commercial litigation practice group
Canadian and cross-border securities regulatory and enforcement matters,       and carries on a focused litigation, arbitration and dispute resolution
class actions, takeover bid litigation, foreign corrupt practices, appraisal   practice. He has comprehensive and extensive trial and appellate
and share valuation remedies, derivative actions, arrangements and the         experience, regularly appearing before a range of tribunals, arbitral bodies
oppression remedy. He also has a broad trial and appellate practice in the     and courts, including all levels of court in Ontario and the Federal Court.
Ontario Superior Court of Justice, Ontario Court of Appeal, Federal Court
of Canada, Federal Court of Appeal and Supreme Court of Canada. Rob            Richard was a successful counsel in the Waxman litigation, one of the best
has appeared before the Ontario, British Columbia and Alberta Securities       known, most extensive and factually complex commercial proceedings in
Commissions. Rob has served as Chair of the firm’s Securities Litigation       Ontario.
Practice Group, as Co-Chair of the firm’s Litigation Department and as a
member of the firm’s Partnership Board.                                        Richard’s practice focuses on corporate, commercial and public law
                                                                               disputes. He has experience in matters pertaining to corporate,
Rob is listed in Chambers Global as one of the world’s leading lawyers for     shareholder, oppression, securities, commercial contract, real property,
dispute resolution. In its 2011 directory Chambers Global commends Rob         injunction, domestic and international arbitration, technology, intellectual
for his “excellent courtroom presence” and his ability to provide “practical   property, licencing, restructuring, project development, fiduciary duty, and
and concise advice.” In 2010 Chambers Global described Rob as “a               professional negligence disputes, among others.
masterful strategic thinker and a very proactive and determined advocate”
and in 2009 as “an extremely able, tactical lawyer who always knows cases      Richard is recognized for his expertise and standing in the areas of
inside-out.” Rob is recognized as a consistently recommended practitioner      corporate and commercial litigation and dispute resolution byChambers
in securities litigation and corporate and commercial litigation by The        Global: The World’s Leading Lawyers for Business,The Best Lawyers in
Canadian Legal Lexpert Directory. Rob has served as a member of the            Canada and Lexpert (Leading Cross-Border Litigators). Chambers Global
board of directors of The Advocates’ Society.                                  observes that his courtroom presentation “leaves judges and even
                                                                               opposing counsel wide-eyed with admiration”. In 2002, Richard was named
                                                                               byLexpert as one of the Top 40 Under 40 Lawyers in Canada.

                                                                               As well, he regularly speaks on corporate, civil, administration and
                                                                               regulatory law at professional conferences.

                                                                               Richard joined Bennett Jones from another leading national law firm.
                                                                               Previously, he clerked at the Federal Court of Appeal in Ottawa.

                                                                      THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                   99

                                                                                      Because of the depth of our national practice, our litigators have significant
                                                                                      experience advising on issues and disputes that involve, among other areas:
                                                                                      •   aboriginal rights                     •   international commercial
                                                                                      •   banking                                   arbitration
                                                                                      •   class actions                         •   labour and employment
                                                                                      •   communications                        •   life sciences
                                                                                      •   competition                           •   media
                                                                                      •   constitutional and Charter of         •   pension and employee benefits
      Contact members of our Litigation & Dispute Resolution Group directly at            Rights                                •   procurement
      any time:                                                                       •   construction                          •   product liability
      Montréal                                Calgary                                 •   corporate commercial                  •   professional negligence
      Robert Torralbo                         Ken Mills                                   agreements                            •   real estate
      Tel. 514-982-4014                       Tel. 403-260-9648                       •   energy                                •   restructuring and insolvency
      Email.       Email.             •   environmental claims                  •   securities
                                                                                      •   information technology                •   tax
      Ottawa                                  David Tupper                            •   insurance                             •   white collar crime
      Gordon Cameron                          Tel. 403-260-9722                       •   intellectual property
      Tel. 613-788-2222                       Email.          As an example of our depth, our group has the most class action experience
      Email.                                                  of any Canadian law firm, having worked with clients in defence of more
                                              Vancouver                               than 200 class actions across different Canadian jurisdictions.
      Toronto                                 William Kaplan
      Bradley Berg                            Tel. 604-631-3304                       We also have an extensive background in domestic and international
      Tel. 416-863-4316                       Email.           commercial arbitration, acting as counsel in disputes and as arbitrators
      Email.                                                     under the rules of all major national and international arbitral institutions.
                                              James Sullivan                          Blakes also has strong experience in international and domestic mediation.
      Joel Richler                            Tel. 604-631-3358
      Tel. 416-863-2735                       Email.        Our propensity to transfer knowledge and expertise across our integrated
      Email.                                                  teams in Canada and around the world is the hallmark of our firm and a key
                                                                                      advantage to our clients.
      Blake Cassels & Graydon LLP (Blakes) is one of Canada’s leading business
      law firms. For more than 150 years, Blakes has proudly represented many of      Our Approach to Partnering with Clients
      Canada’s most prominent corporations and financial institutions as well as
      US and international clients doing business in Canada. We have acquired         Our approach focuses on understanding our clients, exploring all methods
      particular expertise advising Canadian companies with multi-jurisdictional      of dispute resolution and litigating forcefully on their behalf when
      issues and international companies with Canadian interests or operations.       appropriate. On complex cross-disciplinary issues, our clients benefit from
                                                                                      specialized input from leading lawyers throughout our firm. For each issue,
      Blakes has offices in each of the major Canadian commercial and regulatory      we work together with our clients, and other advisers if appropriate, to
      centers: Montréal, Ottawa, Toronto, Calgary and Vancouver. We also have         develop file management plans, budgets and proposals for the most
      very strong relationships with regional firms in parts of Canada where we do    appropriate and cost-effective team at Blakes.
      not have office locations. Internationally, we have offices in New York,
      Chicago, London, Bahrain, Beijing, and associated offices in Al-Khobar and      Over the past year, a small but representative sample of our Canadian and
      Shanghai.                                                                       international clients include:
                                                                                       • Amway Canada Corporation            • McKesson Corporation
      Our integrated office network provides access to the full spectrum of            • BHP Billiton                        • Merck & Co. Inc.
      capabilities found throughout our firm as well as access to our international    • Canadian Imperial Bank of           • Merck Frosst Canada Ltd.
      contacts.                                                                           Commerce                           • Microsoft Inc.
                                                                                       • Caterpillar                         • Nestlé Canada Inc.
      Our firm has built a reputation as both a leader in the business community       • CHC Helicopter                      • Nissan Canada Corporation
      and in the legal profession – leadership that continues to be recognized.        • Cliffs Natural Resources Inc.       • Ontario Power Generation Inc.
      Thanks to our clients and the challenging legal work they generate, Blakes       • Coca-Cola Ltd.                      • RBC Capital Markets
      was named “Canadian Legal Advisor of the Year” for the second time by            • Credit Suisse                       • St. Jude Medical, Inc.
      mergermarket and the Financial Times (2011) and “Canada’s Law Firm of            • Ford Motor Company                  • Suncor Energy
      the Year” for the third consecutive year by Who’s Who Legal (2011). Blakes       • Imperial Oil Limited                • TD Bank Financial Group
      is also named one of “Canada’s Best Diversity Employers” for the fourth          • Johnson & Johnson                   • TransCanada Pipelines
      time (2011).                                                                     • Kinder Morgan, Inc.
      Our National Litigation & Dispute Resolution Group                              Some of our recent client comments have included “The firm’s litigation
                                                                                      strategies are quite brilliant,” “practical and effective lawyers” and “excellent
      As a national Canadian law firm, Blakes has one of the largest and most         personal touch to the service.”
      successful litigation and dispute resolution practices. We represent clients
      in complex commercial disputes in virtually every forum across Canada. This     For more information on our firm, our Litigation & Dispute Resolution Group
      includes the Supreme Court of Canada, where we regularly appear on              and the latest developments in Canadian litigation, visit
      cases at the forefront of developments in Canadian law.               


DAVIES WARD PHILLIPS & VINEBERG LLP tel: +1 416 863 0900 fax: +1 416 863 0871
Managing Partners: D Shawn McReynolds (Toronto), Pierre-André Themens (Montréal), Richard D Cherney (Montréal), Peter A Glicklich (New York)

Firm Overview:                                                                        Markets, Mergers & Acquisitions and Tax. As such, teams of lawyers are
Davies Ward Phillips & Vineberg LLP is an integrated firm of more than 240            typically comprised of different practice areas based on our clients’ specific
lawyers with offices in Toronto, Montréal and New York. The firm is focused on        needs in order to advance their interests at all stages.
business law and is consistently at the heart of the largest and most complex
commercial and financial matters on behalf of its clients, regardless of borders.     Representative Work
                                                                                      • Acted for Potash Corporation of Saskatchewan Inc. in a multibillion-
Market Leading Capability:                                                              dollar dispute before the Courts of Saskatchewan that concerned the
Davies’ focus is business law. Recognised by clients, other professionals and           entitlement of Potash Corporation to vast amounts of potash from the
rating agencies as world-class, Davies lawyers are results-focused, known for           world’s largest potash mine located in southern Saskatchewan.
their business insight and for being decisive. In each of the firm’s core practice    • Acted as lead litigation counsel for Coventree Inc. in connection with
areas, Davies is regarded as a market leader.                                           enforcement proceedings before the Ontario Securities Commission arising
                                                                                        from the collapse of the $35-billion asset-backed commercial paper market
Litigation Practice                                                                     in Canada, in August 2007. This was among the largest and most complex
Davies is regularly at the centre of Canada’s most complex, high-stakes                 enforcement cases in the history of the Ontario Securities Commission.
business litigation. Comprised of approximately 40 lawyers working from               • Acting for the Ontario Lottery and Gaming Corporation in a
Toronto and Montréal, the practice has a proven track record of success acting          multibillion-dollar class action alleging OLG owed a duty of care to prevent
in disputes of virtually every description.                                             “problem gamblers” from gambling in OLG’s commercial casinos, including
                                                                                        successfully defeating a motion for certification.
Our litigators have extensive trial and appellate experience at all levels of court   • Acting for Mars Canada and Mars, Incorporated in Canadian and
across the country, including trial and appeal courts in a number of provinces,         international class action proceedings and in a Competition Bureau
the Federal Court Trial Division and Court of Appeal and the Supreme Court of           investigation involving allegations of price fixing and Competition Act
Canada. Our experience is vast and our successes have included industry-                violations.
defining cases such as the representation of BCE Inc. and Bell Canada in the          • Acted successfully for Brault & Martineau Inc., Corbeil Électrique Inc.
landmark case involving the proposed $51.7-billion privatization of BCE.                and Sears Canada Inc. in defence of various class actions instituted on
                                                                                        behalf of consumers alleging that the sale of additional warranties breaches
Our lawyers also appear as counsel before administrative and regulatory
                                                                                        the provisions of the Consumer Protection Act.
tribunals as well as in private forums involving arbitrations, mediations and other
                                                                                      • Acted successfully for Metromedia CMR Broadcasting Inc. before the
forms of alternate dispute resolution. Furthermore, our litigators are experienced
                                                                                        Québec Court of Appeal and the Supreme Court of Canada in the case of
in dealing with cross-border and multi-jurisdictional disputes and in working
                                                                                        Bou Malhab v. Diffusion Métromédia CMR Montréal Inc. et al., a
closely with counsel retained to act in other jurisdictions.
                                                                                        defamation class action brought by a group of taxi drivers in Montréal. The
                                                                                        Supreme Court of Canada dismissed the appeal and upheld the decision of
Our Clients
                                                                                        the Québec Court of Appeal dismissing the action.
We represent private and publicly held corporations, high-profile business
associations and a variety of organizations across multiple industry sectors
including, but not limited to, mining, securities, automotive, oil and gas, lottery
                                                                                      Several of our lawyers are repeatedly recognized by various ratings agencies as
and gaming, sports and entertainment, telecommunications and media.
                                                                                      leading counsel in Canada, including:
                                                                                      • Chambers Global: The World’s Leading Lawyers for Business.
Our clients rely on us for a wide range of services including:
                                                                                      • The Best Lawyers in Canada®
•   Securities and Mergers & Acquisitions litigation                                  • The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in
•   Shareholders’ disputes                                                               Canada.
•   Corporate governance and director and officer liability
                                                                                      In 2011, the Canadian Legal Lexpert® Directory recognized our practice as a
•   Financial restructuring and insolvency litigation
                                                                                      leader in commercial litigation, tax litigation, insolvency litigation, class actions
•   Arbitration, mediation and dispute resolution
                                                                                      and arbitration and dispute resolution.
•   Trust, tort and contract disputes and other disputes arising out of
    commercial transactions and relationships
                                                                                      Four of our litigators are fellows of the American College of Trial Lawyers, and
•   Competition litigation
                                                                                      one has also recently been inducted as a fellow of the International Academy of
•   Class actions
                                                                                      Trial Lawyers.
•   White-collar investigations and defence
•   Commercial fraud and recovery claims                                              OFFICES
•   Constitutional and administrative litigation                                      TORONTO:                1 First Canadian Place, 44th Floor, ON M5X 1B1
•   Tax litigation & dispute resolution                                                                       Tel: +1 416 863 0900 Fax: +1 416 863 0871
•   Real estate and property valuation litigation
•   Appellate litigation                                                              MONTRÉAL:               501 McGill College Avenue, 26th Floor, QC H3A 3N9
                                                                                                              Tel: +1 514 841 6400 Fax: +1 514 841 6499
Davies is a highly integrated organization, and our litigation practice has the
advantage over our competition by drawing upon the expertise of our other             NEW YORK:               900 Third Avenue, 24th Floor, NY, USA 10022
highly accomplished core practice areas including Competition, Capital                                        Tel: +1 212 588 5500 Fax: +1 212 308 0132

                                                                             THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                            101

      20 Queen St. West, 32nd Floor
      Toronto, ON, Canada M5H 3R3

      Tel:         1-416-971-7202
      Fax:         1-416-971-6638

      Dimock Stratton practices exclusively in the area of intellectual property in both litigation and agency matters. The firm includes lawyers who have been
      certified as specialists by the Law Society of Upper Canada in all facets of intellectual property law and civil litigation, admitted to the American College of
      Trial Lawyers and rated as leading practitioners in the intellectual property field.

      Dimock Stratton lawyers have been counsel in more than 50 trade mark, patent and copyright trials over the past 30 years. Our lawyers have argued more
      than 30 appeals in the Ontario Court of Appeal, Federal Court of Appeal and the Supreme Court of Canada. The lawyers at Dimock Stratton have appeared
      as appellate counsel in four different leading cases in the Supreme Court of Canada, namely Whirlpool v. General Electric and Free World Trust v. Electro
      Santé (patents), Lego & Kirkbi v. Ritvik (trade marks) and Robertson v. Thomson Corp. and Globe & Mail (copyright).

      Based in Toronto, the firm has represented clients in courts across Canada and has acted for clients in disputes that span several jurisdictions.

      Our litigation clients have included such recognizable names as Procter & Gamble, Research In Motion, Dow Chemical, General Electric, BMW, TD Bank,
      Black & Decker, Thomson-Reuters, Bank of Montreal, Cisco Systems, DuPont, and Boston Scientific. Dimock Stratton’s client list includes businesses in the
      following industries: pharmaceuticals, chemical, computer, high tech, biotechnology, telecommunications, consumer goods, consumer electronics, industrial
      machinery, robotics, toys and food products.

      We provide our services to Fortune 500 companies, both large and small domestic and international companies, foreign intellectual property lawyers and
      agents, corporate lawyers, charitable organizations and individuals. Dimock Stratton also has experience in co-ordinating and instructing foreign associates
      regarding patent and trade mark filings in different countries for clients who have multinational portfolios.

      We provide patent and trade mark agency services, including drafting, filing, prosecution, prior art searches, and representation before the Patent Appeal
      Board and in trade mark opposition proceedings. In addition, we advise on due diligence, licensing, and other contract matters pertaining to intellectual

      Dimock Stratton lawyers have earned respect and recognition from their peers for their accomplishments over the years by being ranked in various
      directories such as Managing Intellectual Property, Canadian Legal Lexpert Directory, Chambers & Partners, WTR1000, Best Lawyers, Martindale-Hubble
      and Who’s Who Legal, to name a few.


                                                                                      high-profile cases, including secret commissions, civil and criminal fraud,
                                                                                      conspiracy, tax evasion, misrepresentation, breach of fiduciary duty and
                                                                                      breach of trust. We have particular experience in helping individuals and
                                                                                      corporations respond to criminal and regulatory investigations.
                                                                                  •   Estate Litigation – We specialize in resolving contentious matters
                                                                                      relating to wills, trusts and the administration of estates. We act for
                                                                                      executors/administrators/trustees, heirs and beneficiaries, including
Firm Managing Partner: David Corbett                                                  charitable beneficiaries and persons who feel they have been wrongfully
                                                                                      excluded from a share of an estate.
Regional Managing Partners: Will Westeringh (Vancouver), Gary Rose                •   IP Litigation – We work with multi-national companies and individual
(Calgary), Martin Denyes (Toronto/Ottawa), Éric Bédard (Montréal/Québec               entrepreneurs to protect their intellectual assets—whether patents, trade
City), Gary Howes (London) and Serge Gravel (Paris)                                   marks, or copyrights. We provide strategic counsel in the prosecution of
                                                                                      all types of intellectual property applications and IP litigation before
Partners worldwide: 417                                                               courts and administrative tribunals.
Other lawyers worldwide: 279                                                      •   Insurance – We act on behalf of insurers, claimants and intermediaries
                                                                                      on insurance coverage and liability matters. Members of our team are
Litigation & Dispute Resolution Group Leader: Geoffrey Cowper, QC                     leaders in emerging areas such as “bad faith,” aggravated and punitive
                                                                                      damages, and damages for mental distress. We also have experience
Fasken Martineau is a leading international business law and litigation firm          with the highly technical area of subrogation and handling significant and
with approximately 700 lawyers. We have offices across Canada in                      multi-party losses (e.g. fire, property, construction, oil and gas,
Vancouver, Calgary, Toronto, Ottawa, Montréal and Québec City, and                    commercial and industrial operations, transportation and utilities).
internationally in London, Paris and Johannesburg. We have a history of
                                                                                  •   Product Liability – We advise leading manufacturers in class action
leading counsel and excellence in litigation. Our litigation practice is marked
                                                                                      product liability cases, major mass tort cases, single product claims,
by a focus on our clients’ interests and striving for creative and effective
                                                                                      warnings and recalls. We also represent the interests of manufacturing
strategic solutions to disputes.
                                                                                      corporations, insurers and industry in coroners’ investigations and
Our international excellence and broad industry expertise consistently
garner accolades and top rankings worldwide. Our litigation group is ranked       •   Antitrust/Competition – We have extensive experience in all areas of
by Chambers Global and Chambers UK, and by The Legal 500, Canadian                    Canadian, European and English competition law, including in relation to
Legal Lexpert Directory, Best Lawyers in Canada and several other                     M&A, criminal matters, pricing and distribution issues, marketing and
rankings agencies.                                                                    advertising, competition law litigation, parallel imports, technology
                                                                                      transfers, exploitation of intellectual property rights, and issues relating to
Our litigation expertise spans all areas of private and public law within both        abuse of dominant position.
common law and civil law jurisdictions:                                           •   Regulatory – We deal with regulators frequently and often appear
•   Corporate/Commercial Litigation – We represent clients as trial and               before tribunals and courts on behalf of clients in regulated industries
    appellate counsel in the courts and before arbitration tribunals, at              such as communications, electricity generation and transmission; oil and
    mediation and administrative agencies. We are adept at handling matters           gas exploration, transmission and distribution; automobile insurance;
    of extraordinary complexity, including parallel civil and administrative          transportation; telecommunications; food and drug; fisheries; mining;
    proceedings, and those involving massive document productions and                 and forestry.
    other complicated discovery issues.
•   Domestic and International Arbitration – We act as counsel or as              Representative Work
                                                                                  Lions Gate Entertainment before the British Columbia Court at trial and on
    arbitrator on behalf of public and private clients involved in commercial
                                                                                  appeal. Counsel to Lions Gate in successfully defending a petition filed by
    disputes within Canada and worldwide. Our internationally recognized
                                                                                  the Icahn Group seeking relief from oppression under the Business
    team conducts arbitrations under all the major arbitral regimes and has
                                                                                  Corporations Act (BC). The Icahn Group was a hostile bidder seeking to
    extensive experience in all manner of international disputes, including
                                                                                  take over Lions Gate.
    trade and investment disputes under the NAFTA and bilateral investment
    treaties.                                                                     International Air Transport Association before the Ontario Superior Court
                                                                                  of Justice and the Ontario Court of Appeal in a landmark breach of
•   Securities Litigation – We act for capital market participants including
                                                                                  confidence case in which the court ruled against the appellant, Sabre Inc.
    public issuers, bidders and target companies, institutional shareholders,
    investment dealers, securities advisers and registrants in proceedings        First Quantum Minerals Ltd. and its subsidiaries in two international
    before the courts, securities commissions and self-regulatory                 arbitrations before ICC and ICSID against the Democratic Republic of the
    organizations.                                                                Congo with a value in excess of $2 billion each.
•   Class Actions – We have been at the forefront of many class-action            Kuwait Airways Corporation in all matters including an appeal that
    issues and cases, including those involving primary and secondary             proceeded to the Supreme Court of Canada. The appeal was the latest in a
    market securities disputes, shareholder disputes, international cartels,      series of successful proceedings over 20 years against Iraqi Airways
    defective consumer products, pharmaceuticals, environmental                   Corporation arising from the “theft” of KAC’s aircraft following the Iraqi
    contamination, institutional abuse, vanishing premiums, insurance             invasion of Kuwait in 1990.
    deductibles and after-market parts, pension surpluses and employee            Dr. Peter AIDS Foundation and Canadian Civil Liberties Association
    mass terminations.                                                            before the Supreme Court of Canada in a landmark unanimous decision that
•   Aboriginal Litigation – As recognized leaders in Aboriginal Law, we           the refusal of an exemption from drug laws to allow North America’s first
    have acted in landmark cases that redefined the law to reflect modern         supervised injection site to continue was arbitrary as contrary to scientific
    circumstances. We work with small business, industry, governments,            evidence of Insite’s health benefits, and violated the Charter.
    First Nations, band councils, and individuals to resolve issues related to    Magna International Inc. before the Ontario Securities Commission and
    Aboriginal rights and title, regulatory matters, and business, employment     the Ontario Divisional Court. Counsel to Magna’s special committee in the
    and governance issues.                                                        company’s ultimately successful plan to eliminate its dual-class structure
•   White-Collar Crime – We act for both the Crown and the defence in             over the strong opposition of institutional shareholders.

                                                                       THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                            103

       MONTRÉAL:                                                                       OTTAWA:
       1 Place Ville-Marie, Suite 3900, Montréal, Québec, Canada, H3B 4M7              99 Bank Street, Suite 1420, Ottawa, Ontario, Canada, K1P 1H4

       TORONTO:                                                                        EDMONTON:
       77 King Street West, Suite 400, Toronto-Dominion Centre                         2900 ManuLife Place, 10180-101 Street
       Toronto, Ontario, Canada, M5K 0A1                                               Edmonton, Alberta, Canada, T5J 3V5

       CALGARY:                                                                        VANCOUVER:
       15th Floor, Bankers Court, 850 – 2nd Street SW                                  20th Floor, 250 Howe Street, Vancouver, British Columbia
       Calgary, Alberta, Canada, T2P 0R8                                               Canada, V6C 3R8

      THE FIRM: Fraser Milner Casgrain LLP (FMC) is one of Canada’s leading            such as tax, securities and environmental law, FMC ensures seamless
      business and litigation law firms with more than 500 lawyers in six full-        service, whether in mergers and acquisitions, public or private securities
      service offices located in the country’s key business centres. We focus on       offerings, joint ventures or corporate reorganisations. For more information,
      providing outstanding service and value to our clients, and we strive to excel   visit
      as a workplace of choice for our people. Regardless of where you choose to
      do business in Canada, our strong team of professionals has extensive            Infrastructure/Construction/Public-Private Partnerships: FMC offers
      knowledge and expertise on regional, national and cross-border matters.          expertise in all elements of local and national construction and infrastructure
      FMC’s well earned reputation for consistently delivering the highest quality     development. The firm provides counsel on project development and
      legal services and counsel to our clients is complemented by an ongoing          financing, contracting strategy, alliance agreements, awarding of contracts,
      commitment to diversity and inclusion to broaden our insight and                 health and safety programmes and private-public partnerships. With
      perspective on our clients’ needs. Visit or follow               particular expertise in procurement, FMC advises clients on risk
      @FMC_Law on Twitter at                                   assessment, conflicts avoidance, claims management and dispute
                                                                                       resolution. FMC lawyers have experience in alternative funding and P3
      INTERNATIONAL EXPERIENCE: FMC provides relevant legal expertise                  projects worldwide, representing governments, public sector institutions,
      focusing on key industries including energy, mining,                             lenders and project sponsors.
      construction/infrastructure, financial services and insolvency/restructuring.
      FMC’s prominence in these important economic sectors is augmented and            Banking & Financial Services: FMC advises on banking, financing, credit
      supported by strong core practice areas including corporate commercial,          transactions, restructuring, insolvency and realisations, equipment leasing,
      securities, M&A, tax, competition/antitrust, litigation/ADR,                     asset backed securitisations, financial instrument transactions, project
      employment/labour, pensions, real estate, aboriginal, environmental,             financing, and structured finance. Corporate Finance & Securities: FMC
      government relations/public policy and international trade. An in-depth          advises and acts on a wide range of issues related to public and private
      understanding of legislative and regulatory issues enables the firm to help      financing and capital market transactions involving debt, equity and
      clients navigate the challenges of cross-border business. For more               derivative securities. The firm represents all types of issuers (corporations,
      information, visit                                 income trusts, governments and quasi-government agencies) and
                                                                                       underwriters. FMC has extensive experience advising clients with regard to
      MAIN INTERNATIONAL AREAS OF PRACTICE:                                            reporting and disclosure requirements, and regulatory compliance.
      Energy: FMC is a leading provider of legal services to the Canadian and
      international energy industry. The firm’s well established, interdisciplinary    M&A: FMC has extensive experience in assisting clients with takeover bids
      energy teams in offices in four Canadian provinces make it unique among          (hostile and friendly), amalgamations, capital and asset restructurings,
      Canadian law firms. Energy companies consider FMC a “go to” firm                 spinoffs and arrangements, and advising bidders, targets or independent
      because of the depth and breadth of its expertise, experience, industry          committees of boards of directors regarding all aspects of a transaction
      knowledge and relationships within the Canadian energy sector.                   including tax, environmental, competition, employment, pension, foreign
                                                                                       investment requirements, and intellectual property matters. . For more
      FMC supports and advises project proponents in connection with the               information, visit
      structuring, development and financing of clean and renewable generation
      projects; lending institutions in connection with credit facilities for energy   Taxation: FMC advises on national and international tax planning, cross-
      infrastructure projects; manufacturers and distributors of energy-related        border transactions, the structuring of multinational transactions and
      products and services; pipeline companies in connection with the                 international corporate and commercial transactions. The firm’s tax lawyers
      authorisation, permitting and construction of gas and oil pipelines; investors   also deal with value-added, trade and commodity tax issues in both a North
      in connection with the acquisition of generation and pipeline infrastructure     American and international context. For more information, visit
      projects; and regulated electric and gas transmission and distribution 
      companies in connection with the approval of tolls and tariffs, construction
      approvals, regulatory compliance and conservation and demand side                Other: FMC also offers specialised expertise in several other important
      management.                                                                      areas, such as employment/labour, litigation/ADR, competition/antitrust,
                                                                                       commercial real estate, aboriginal, environmental, technology, international
      Mining: FMC lawyers combine strong technical skills, innovative problem-         trade, and intellectual property law. For more information and a full list of our
      solving techniques and practical business advice with unparalleled               comprehensive client resources, including our microsites and blogs, visit
      understanding of the mining sector. With the support of key practice areas,

                            Visit or follow @FMC_Law on Twitter at


NORM EMBLEM                                                                     J.L. MCDOUGALL
                     FRASER MILNER CASGRAIN                                                          FRASER MILNER CASGRAIN LLP
                     77 King Street West                                                             77 King Street West
                     Suite 400                                                                       Suite 400
                     Toronto-Dominion Centre                                                         Toronto-Dominion Centre
                     Toronto, Ontario                                                                Toronto, Ontario
                     M5K 0A1                                                                         M5K 0A1
                     Phone: 416 863 4487                                                             Phone: 416 863 4624
                     Fax: 416 863 4592                                                               Fax: 416 863 4592
                     Email:                                                  Email:
                     Web:                                                            Web:

Norm is a senior litigation partner with Fraser Milner Casgrain LLP’s           John Lorn McDougall QC is partner emeritus and counsel to Fraser Milner
Toronto office. Norm has a very broad-ranging commercial litigation and         Casgrain LLP, and is based in Toronto. His practice encompasses almost
advocacy practice in the areas of class action defense, securities, auditor’s   all aspects of corporate and commercial dispute resolution, acting as
negligence, CCAA, banking and insolvency, professional negligence, high-        counsel, mediator and arbitrator. A leading civil litigation lawyer in Canada,
end disability income claims, insurance defence, shareholders’ disputes,        John Lorn has appeared in a wide variety of complex cases in the courts
Coroners’ inquests and human rights.                                            and in arbitration. He has particular experience in securities, competition
                                                                                insurance, class actions and insolvency, as well as extensive experience in
Norm has extensive trial and appellate experience in the civil courts and       cross-border cases involving multinational clients. He has sat as an
before numerous regulatory and administrative tribunals throughout the          international arbitrator since 1990, and in 2008 joined the international
province of Ontario, such as the Ontario Securities Commission, the             arbitration group at 3 Verulam Buildings in London.
Institute of Chartered Accountants of Ontario, the Royal College of
Physicians and Surgeons, the Alcohol and Gaming Commission, the                 John Lorn McDougall was appointed Queen’s Counsel in 1980 and has
Workers Compensation Appeal Tribunal and the Ontario Pension Board              served as chairman of the Canadian national arbitration committee of the
and related mediation and arbitration experience. Norm has appeared as          International Chamber of Commerce and is presently a Canadian
counsel before the courts in Ontario, Québec, Saskatchewan, The                 representative to the ICC commission on arbitration in Paris. He is a
Commonwealth of The Bahamas and before The Supreme Court of                     member of a number of other panels of international arbitrators including
Canada.                                                                         the London Court of International Arbitration, International Centre for
                                                                                Dispute Resolution, and CPR Institute for Dispute Resolution. Mr.
Norm also does a significant amount of pro bono work including acting as        McDougall is a Fellow of the American College of Trial Lawyers, a Fellow of
duty counsel before The Law Society of Upper Canada.                            the Chartered Institute of Arbitrators, and an honorary member of the
                                                                                Commercial Bar Association of England and Wales.
Norm is a graduate of Concordia University (B.Comm., with dist., 1983)
and Queen’s Law School (1986) and was called to the Ontario bar in              Mr. McDougall has recently been active in the defence of class actions
1988. He and his wife, Barb, live in Unionville, Ontario and have five          brought against multinational clients, particularly those based on
children.                                                                       allegations of breaches of securities laws and audit negligence. He has
                                                                                also provided advice on reinsurance matters to international clients and, at
Norm moonlights playing electric guitar in three blues-rock bands in            present, he is involved in a number of cross-border proceedings.
Toronto and Montreal (Departure Lounge, Exiled On The Main and Oui B.
Jamon) which play fund raising concerts for charitable organizations such       He has recently represented the following:
as the March of Dimes (Rock For Dimes and Rock For Kids) and CANFAR
(AIDSbeat).                                                                     •   Canadian Wheat Board to fight Government legislation to end the
                                                                                    Board’s monopoly in Canadian Wheat Board and barley (2011-2012).
                                                                                •   Bayer AG in the successful defence of a $40 million claim by the
                                                                                    vendor of a multibillion-dollar petrochemical business (2011).
                                                                                •   Livent Inc., Hollinger Inc. Retained by auditors to defend class action
                                                                                    litigation and regulatory investigations in Canada and the US (2011-
                                                                                •   Member of arbitration tribunal constituted under ICDR rules in dispute
                                                                                    between Swiss-based commodities broker and US-based aluminium
                                                                                    smelter (2009).
                                                                                •   Chair of the ICC arbitration arising out of frauds at an Austrian Bank
                                                                                    subject to New York law, seated in New York City (2011).

                                                                                Chair of an ICDR arbitration arising out of claims between reinsurance and
                                                                                medical insurance providers in the USA. Subject to California law seated in
                                                                                New York City (2011).

                                                                                John Lorn McDougall is a frequent speaker and author on legal and
                                                                                arbitration issues, both domestic and international.

                                                                      THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                      105

      SCOTT MCLEAN                                                                       NEIL RABINOVITCH
                            FRASER MILNER CASGRAIN LLP                                                        FRASER MILNER CASGRAIN LLP
                            99 Bank Street                                                                    77 King Street West
                            Suite 1420                                                                        Suite 400
                            Ottawa, Ontario                                                                   Toronto-Dominion Centre
                            K1P 1H4                                                                           Toronto, Ontario
                            Phone: 613 783 9665                                                               M5K 0A1
                            Fax: 613 783 9690                                                                 Phone: 416 863 4656
                            Email:                                                   Fax: 416 863 4592
                            Web:                                                              Email:
      Scott is a senior partner and head of the litigation group in the Ottawa
      office of Fraser Milner Casgrain LLP where he practises predominantly in           Neil’s civil, commercial litigation and insolvency practice includes an
      the areas of corporate and commercial litigation. Since 1977, Scott has            emphasis on cross-border restructurings, shareholder disputes, franchising,
      appeared at all trial and appellate levels in Ontario, as well as at all federal   mortgage remedies, banking, real estate, commercial leasing, and medical
      levels, including several appearances before the Supreme Court of                  product liability defence litigation. Neil has acted for a diverse range of
      Canada. Scott has also been involved in complex commercial matters in              clients including large groups of bondholders, New Solutions Financial
      Alberta, Manitoba, the Northwest Territories and Québec (trial and appeal)         Corporation, Dunkin Donuts, Shoppers Drug Mart, Baskin Robbins, Imasco
      with the privilege of special calls, representing interests in the financial,      Retail Incorporated, The Golden Griddle Corporation, Allied Domecq
      high-tech and business sectors.                                                    Retailing International, The Toronto-Dominion Bank, The Cadillac Fairview
                                                                                         Corporation, The Royal Bank of Canada, W-A Construction Limited, St.
      In addition to his commercial trial and appellate experience, Scott has            Jude Medical Inc. and Caesar’s Palace Casino Hotel.
      regulatory experience before economic tribunals in Ontario and Canada;
      significant experience as counsel to independent investigators in both the         Neil acts for debtors, creditors and Boards of Directors in complicated
      public and private sectors; and particular expertise in the conduct of             cross-border restructurings and have been counsel to among others
      commercial litigation involving governments at municipal, provincial and           Foamex International, the Board of Directors of Richtree Inc., second lien
      federal levels. In recent years, Scott has developed particular interest and       debtholders of Calpine Corporation, unsecured noteholders of CIT, Smurfit
      expertise in disputes involving companies offering a full suite of domain          Stone and AbitibiBowater
      registration, web hosting and email services.
                                                                                         Neil regularly advises clients on all aspects of dispute resolution and he
      Scott is recommended by The Best Lawyers in Canada 2012 as one of                  brings a practical ‘’hands-on’’ approach using the Alternative Dispute
      Canada’s leading lawyers in the area of Corporate and Commercial                   Resolution process. Neil has litigated in all levels of courts.
      litigation and has a reputation as an experienced strategist in the
      structuring and conduct of “bet-the-farm” litigation.                              Neil has lectured and written for the annual Franchising Expo. Neil has also
                                                                                         lectured and written on mortgage remedies and construction liens for the
                                                                                         Technical University of Nova Scotia and is co-author of a text relating to
                                                                                         power of sale.

                                                                                         Neil is also a member of various professional affiliations including the Law
                                                                                         Society of Upper Canada, the American Trial Lawyers Association and the
                                                                                         Metropolitan Toronto Lawyers Association among others. Previously, Neil
                                                                                         was the research assistant to the president of the Law Reform Commission
                                                                                         of Canada.


Firm Overview                                                                     Recognized Lawyers
Heenan Blaikie is one of Canada’s top national law firms. The firm has more      Bernard Amyot, Ad. E., specializes in commercial litigation and class
than 575 lawyers and professionals in offices in Ontario, Québec, British        actions. Fellow of the American College of Trial Lawyers, he has extensive
Columbia and Alberta, as well as in Paris and Singapore. The firm is             experience before the Québec courts, representing in particular Canada’s
exceptionally qualified to advise and represent clients in Canada’s bilingual    leading investment dealers and life insurance companies.
and bi-jurisdictional context.
                                                                                 Daniel Dumais, Ad. E., is an expert in insurance law and has extended
We deliver strategic legal advice and innovative business solutions under six    expertise in civil and professional liability as well as product and sports law.
broad sectors: litigation, business law, labour and employment, tax,             He also practises in commercial litigation, including arbitration and holds an
intellectual property and entertainment. Our clients range from Canada’s         M.A. in insurance law from Osgoode Hall Law School
largest firms to regional start-ups, public institutions and government
bodies. We also represent multinational and international clients seeking to     Marie-Josée Hogue has wide-ranging expertise in civil and commercial
protect and expand their interests in Canada.                                    litigation. Her practice is equally divided between commercial litigation and
                                                                                 professional liability litigation.
Our lawyers are regularly called upon to play key roles in policy setting,
decision making and transactions of all kinds. Our expertise covers banking      Don Jack focuses his practice on commercial disputes, professional liability,
and financial services, construction, energy, entertainment and media,           class actions, constitutional, competition and securities law, and appellate
insurance, life sciences and technology, manufacturing and distribution,         advocacy. He has a wide range of experience and has appeared at all levels
mining, natural resources, professional services, real estate, retail, sports,   of courts in Canada.
telecommunications and transportation.
                                                                                 Angus T. McKinnon’s practice focuses on complex commercial disputes,
Heenan Blaikie has within its ranks a number of prominent individuals who        class action litigation and employment law matters. In addition, he has
have made their mark on the national and international stage including the       extensive experience in insolvency and restructuring litigation, directors’ and
Rt. Hon. Jean Chrétien, former Prime Minister of Canada; the Hon. Donald J       officers’ liability and professional negligence claims.
Johnston, former OECD Secretary-General; the Hon. Michel Bastarache, a
judge of the Supreme Court of Canada for over a decade; and Pierre Marc          Gary D. D. Morrison focuses his practice on complex litigation in both civil
Johnson, former Premier of the Province of Québec.                               and commercial matters, including class action defense, while appearing
                                                                                 before various courts and appellate divisions, including the Supreme Court
Litigation Practice                                                              of Canada and the Federal Court of Canada.
Heenan Blaikie’s thriving litigation practice brings together over 190
experienced litigators, many of whom are recognized as leading advocates         L. David Roebuck focuses his practice on matters related to shareholder
in the business and legal communities. Members of the firm include former        disputes, partnership disputes, real property, and securities-related litigation.
judges of the Supreme Court of Canada, the Courts of Appeal of Ontario           Other major practice areas include professional disciplinary matters,
and Québec and the Superior Court of Québec, as well as eight Fellows of         including medical, legal and accounting; employment litigation;
the prestigious American College of Trial Lawyers. Along with the firm’s         environmental law; income tax; securities litigation; and class actions.
130-lawyer Labour and Employment Group, our Litigation Group can
                                                                                 Andrew Skodyn’s practice is focused on intellectual property litigation, with
provide an efficient solution to conflicts of all kinds.
                                                                                 extensive experience in complex patent litigation cases at all levels of Court.
Our litigators’ rich and multifaceted expertise allows them to provide           He also has a broad civil and commercial litigation background.
dynamic and efficient representation. Our practice includes general civil and
                                                                                 Jonathan Stainsby heads Heenan Blaikie’s Intellectual Property litigation
commercial matters as well as cases focused on securities, investment, libel
                                                                                 team and appears regularly before all levels of the Courts. Jon acts in
and slander, bankruptcy, regulation, public law, intellectual property, health
                                                                                 complex IP matters (patents, trade marks and copyright), a wide variety of
law, administrative law and employment, to name but a few.
                                                                                 commercial litigation mandates and defamation claims.
We defend our clients’ rights before provincial courts, the Federal Court and
the Supreme Court of Canada as well as before tribunals, regulatory              Offices
                                                                                 Toronto, Montréal, Vancouver, Calgary, Québec City, Ottawa, Sherbrooke,
agencies and arbitration boards and in direct negotiations across a
                                                                                 Trois-Rivières, Victoria, Paris, Singapore
conference table. Whenever possible, we help our clients avoid litigation by
seeking alternative means of dispute resolution. When litigation proceeds to
trial, our primary concerns are to minimize risk, ensure cost-effectiveness
and achieve practical results. We are recognized as highly effective problem
solvers. To provide a perfectly suited solution to each client’s case, our
lawyers draw from the firm’s considerable resources.

The firm has made its mark in several facets of litigation, such as class                      
actions, acting for defendants in numerous class actions with stakes
reaching billions of dollars; the defence of financial institutions against
investors’ claims; complex, high-profile cases; and sophisticated intellectual
property matters — for example, Heenan Blaikie was named the 2010
Canadian Firm of the Year–Patent Contentious by Managing Intellectual
Property magazine.

                                                                       THE DEFINITIVE GUIDE TO CANADA’S LEADING LITIGATION FIRMS & ATTORNEYS                         107

      55 Metcalfe Street Suite 900                                                    Rankings and recognitions
      PO Box 2999 Station D                                                           Named 2011 Canadian IP Firm of the Year.
      Ottawa ON K1P 5Y6                                                               • Managing Intellectual Property’s 2011 North America Awards
      Phone: 613.232.2486                                                             Twenty-two lawyers selected in the areas of intellectual property law and
      Fax: 613.232.8440                                                               biotechnology law — more than any other firm in Canada.                                                          • The Best Lawyers in Canada, 2012 Edition
                                                                                      Eight lawyers listed in the areas of intellectual property and intellectual
      Chair of the firm: John Bochnovic                                               property: litigation — more than any other firm in Canada.
      Litigation contacts: Steven B. Garland (Ottawa), Mark K. Evans (Toronto),       • Chambers Global – The World’s Leading Lawyers for Business, 2011
      François Guay (Montreal), Michael D. Manson (Vancouver)                            Edition
      Number of partners worldwide: 33
      Number of lawyers worldwide: 79                                                 Honoured as having successfully handled the Canadian Case of the Year —
                                                                                      Federal Court’s decision in, Inc. v. Commissioner of Patents,
      Firm profile                                                                    2010 FC 1011.
      Smart & Biggar/Fetherstonhaugh is Canada’s largest practice devoted             • Managing Intellectual Property’s 2011 North America Awards
      exclusively to IP and technology law, with offices in four of Canada’s major
      technological and commercial centres. Our tradition of hiring professionals     Seventeen preeminent lawyers selected for inclusion in the areas of
      who are trained in engineering or the technical sciences is a hallmark of our   biotechnology, intellectual property and intellectual property litigation. No
      practice. Virtually every member of our firm has an engineering or scientific   other firm in Canada has more lawyers listed in these areas.
      educational background, and dozens of our practitioners also have               • The Canadian Legal LEXPERT Directory, 2011 Edition
      postgraduate degrees in their respective areas of practice. The firm acts for
                                                                                      Four leading lawyers recognized in the areas of intellectual property,
      clients in many sectors, including: biotechnology; chemistry and
                                                                                      intellectual property litigation and biotechnology – more than any other firm
      pharmaceuticals; electrical and electronic; media and broadcasting; food,
                                                                                      in Canada.
      beverage and tobacco; luxury goods and apparel; retail; industrial and
                                                                                      • The LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in
      mechanical; metals and mining; software; information technology and
                                                                                          Canada, 2011 Edition
      internet; consumer products; aerospace and defence; energy and utilities;
      financial services; transportation; and telecommunications. Our client list
                                                                                      Three preeminent lawyers selected in the areas of patent litigation and
      also includes hundreds of Fortune 500 companies as well as Canadian
                                                                                      patent counselling.
      leaders in research and development.
                                                                                      • PLC Cross-border Life Sciences Handbook 2011
      Litigation practice
                                                                                      Four preeminent lawyers selected in the guide. No other firm in Canada has
      We have handled a significant share of Canada’s most commercially
                                                                                      more lawyers listed.
      important and technically complex intellectual property law cases, many of
                                                                                      • IAM Patent Litigation 250 – The World’s Leading Patent Litigators
      which still stand as leading Canadian precedents. We represent clients in
      both the Common Law and Civil Law Courts in Canada, at the highest
      appellate levels and in both official languages. As well, we are able to        Seven lawyers selected in the areas of commercial IP, IP: non-patent
      represent clients not only in the Federal Court of Canada, but also in the      litigation and IP: patent litigation — more than any other firm in Canada.
      Provincial Courts of Quebec, British Columbia, Ontario and Alberta. We          • The PLC Cross-border IP in Business Transactions Handbook 2011/12
      also have significant experience in multi-jurisdictional cases, not only
      representing clients in the Canadian aspect of the dispute, but participating   Ranked as a Tier One firm in all five categories relating to intellectual
      in the coordination of litigation strategies worldwide.                         property: patent prosecution, patent contentious, trade mark prosecution,
                                                                                      trade mark contentious and copyright.
                                                                                      • Managing Intellectual Property’s 2011 World IP Survey

                                                                                      Eleven lawyers selected in the areas of Patents, Trademarks and Life
                                                                                      Sciences — more than any other firm in Canada.
                                                                                      • Who’s Who Legal: Canada 2011

      Other offices
      Toronto                                               Montreal                                              Vancouver
      Box 111 Suite 1500                                    Suite 3300                                            Box 11115
      438 University Avenue                                 1000 De La Gauchetière Street West                    2300-1055 West Georgia Street
      Toronto ON M5G 2K8                                    Montreal QC H3B 4W5                                   Vancouver BC V6E 3P3
      Canada                                                Canada                                                Canada
      Phone: 416.593.5514                                   Phone: 514.954.1500                                   Phone: 604.682.7780
      Fax: 416.591.1690                                     Fax: 514.954.1396                                     Fax: 604.682.0274                                         


         Suite 3200, 100 Wellington Street West
         P. O. Box 329, Toronto-Dominion Centre
         Toronto, ON M5K 1K7 Canada
         T 416.304.1616
         F 416.304.1313

         Thornton Grout Finnigan LLP (“TGF”) is a Canadian boutique law firm with
         an office located in the financial district of Toronto, Ontario, practicing
         exclusively in two areas: (i) insolvency and restructuring, and (ii) litigation.
         As one of the first Canadian firms to recognize the value provided by a
         high-end boutique model, TGF was founded in a spirit of innovation with a
         view to providing a more focused and efficient vehicle for delivering legal
         services to sophisticated clients.

         TGF is a mix of senior lawyers with a full range of experience gained by
         years of practice, both inside and outside major full service law firms,
         combined with talented and energetic younger lawyers who thrive in the
         entrepreneurial environment of a boutique firm. The firm’s reputation and
         expertise is reflected in the series of high-profile retainers it has enjoyed
         over the years and its wide range of clients, including financial institutions,
         regulatory agencies, publicly traded corporations and officers and
         directors. The firm’s focus is to identify, with precision, the client’s goals
         and work to achieve these in partnership with them.

         TGF delivers practical, business-oriented advice in a dynamic and time-
         sensitive environment. Our retainers reflect TGF’s unique position in the
         delivery of the highest quality services to sophisticated clients in a
         specialized market. The TGF Litigation Group has arrived at the top of the
         commercial litigation bar by focusing on representing sophisticated parties
         in complex commercial disputes. TGF’s work begins with developing a
         clear understanding of the client’s business goals, and then developing a
         strategy to ensure that those goals are met through an efficient and
         effective use of the TGF team.

         TGF litigators craft assertive and creative materials at every stage of the
         dispute resolution process, and the firm is also widely recognized for its
         leading national and international restructuring practice. The TGF
         Restructuring Group applies its deep experience in restructuring to finding
         creative and business-oriented solutions that have led to strong, long-
         lasting relationships with its clients. TGF lawyers have been involved in all
         major insolvency proceedings within this jurisdiction over the last 20 years
         covering virtually every business sector.

         The recognition of TGF’s skill and experience is reflected in the leading role
         the firm’s lawyers have been invited to assume in professional development
         initiatives. Lawyers at TGF include editors and contributing editors of
         professional publications and a leading text book used by practitioners, as
         well as instructors in the Faculties of Law at three Ontario law schools.

 tel: 416.865.0040 fax: 416.865.7380

      Chair: Sheila Block tel: 416.865.7319 email:

      Department Coordinator: Crawford Smith tel:416.865.8209 email

      Torys consistently ranks as having the top corporate/commercial litigation practice among Canada’s leading firms, and the firm has been recognized as
      having a “juggernaut of a commercial litigation practice, strong bench strength and extremely capable advocates” (Chambers Global). While commercial,
      securities and corporate litigation lie at the core of our litigation and dispute resolution practice, and we have a particular strength in class actions, our
      litigators act in a wide range of business disputes in the courts and in arbitration, both domestic and international, arising out of the following:
      • commercial transactions and relationships
      • securities laws
      • mergers and acquisitions
      • investor disputes
      • director and officer liability claims
      • business breakups
      • intellectual property and technology matters
      • antitrust and competition laws
      • pension and employment
      • restructuring and insolvency situations

      We also regularly advise on disputes, claims and proceedings in matters concerning the following:
      • product liability
      • administrative and regulatory issues
      • media and defamation
      • healthcare
      • constitutional issues
      • construction
      • professional negligence and discipline
      • trusts and estates
      • criminal offenses
      • environmental, health and safety offenses
      • public inquiries
      • internal investigations
      • privacy
      • trade
      • taxation
      • energy
      • sports and entertainment

      Our clients range in size from large industrial corporations and financial institutions to start-up venturers and entrepreneurs. We work effectively in teams
      with corporate counsel and other external counsel. We handle significant cases with hundreds of millions of dollars at stake – complex and high-profile
      disputes in which there is a premium on experience, judgment and strategic advice – as well as more routine business disputes. We have the depth to
      handle large, complex cases and document-intensive cases, and to fight litigation battles on more than one front. As necessary, we call on other Torys
      lawyers who can help with specific issues when either a particular expertise is needed or the demands of the case hit a short-term peak.

      Disputes increasingly cross state, national and provincial boundaries and require that proceedings be conducted and coordinated in several jurisdictions.
      Torys litigators, as part of an international business law firm with offices in Toronto, New York and Calgary, have significant experience in dealing with cross-
      border and multi-jurisdictional disputes, and extensive trial and appellate experience in both the United States and Canada. We provide our clients with
      realistic assessments of their positions and with sound, practical advice. Litigation is often intense for businesspeople and their corporate counsel. We see
      our job as not only to work to achieve our clients’ objectives in the litigation, but also to assist in dealing with the implications of ongoing litigation for a
      business and its people.


                               WEIRFOULDS LLP
                               1600 – 130 King Street West
                               The Exchange Tower
                               M5X 1J5 Toronto
                               Phone: 416-947-5011
                               Fax: 416-365-1876

         “Mr. Finlay, with his usual consummate skill...” (Ontario Court of Appeal).

         Bryan Finlay, QC, is a senior trial and appellate counsel. He clerked for
         Justice Spence, Supreme Court of Canada.

         Bryan is a fellow of the American College of Trial Lawyers and an honorary
         overseas member of the Commercial Bar Association (England and
         Wales). He is the founding member of the Dickson Circle, a group of senior
         litigation lawyers dedicated to acting in significant cases as counsel (pro
         bono) on behalf of those with disabilities.

         Bryan is identified in Chambers Global and the Canadian Legal Lexpert
         Directory in four categories: corporate commercial litigation, directors’ and
         officers’ liability, securities litigation and public law litigation; Lexpert’s US
         Guide to the Leading 100 Creative Lawyers in Canada; Lexpert’s Guide
         to the Leading 100 Canada/US Cross-Border Litigators in Canada;
         Lexpert/ALM Guide to the Leading 500 Lawyers in Canada; the Best
         Lawyers in Canada (in six categories) including the prestigious category of
         “Bet-the-Company” litigators; The International Who’s Who of Commercial
         Litigators, Law Business Research and PLC Global Counsel 3000.

         Bryan’s counsel practice is broad and has engaged the most complex
         commercial, constitutional, tort and public law issues. These have included
         issues of corporate espionage, spoliation, fraud, shareholder rights,
         directors’ and officers’ responsibilities, financial reporting obligations,
         responsibilities and obligations of government and its various agencies,
         securities regulation, fiduciary obligations, defamation, policing, and
         competition law issues.


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