PUBLIC COMPANY / CORPORATE GOVERNANCE / M&A LITIGATION

  • Acted for acquiring and target companies and independent committees of targets in connection with merger transactions and subsequent arrangement proceedings.
  • Acting for a 1/3 shareholder of a major Canadian manufacturing and retail enterprise in litigation leading to the forced removal of the CEO and board member.
  • Acted for a litigation trustee in multi-billion dollar lawsuits against multiple parties in connection with the demise of a publicly traded company.
  • Acted for a private equity investment firm in an OSC proceeding relating to a $2.7 billion acquisition in the television broadcasting industry. 
  • Acted for a special committee of a publicly traded metals trust in connection with a hostile takeover bid. 
  • Acted for a major shareholder of a Canadian oil and gas company in a proxy contest relating to a proposed merger.
  • Acted for a Canadian mining company in defence of a hostile takeover bid by another mining company. 
  • Acted for a manufacturer of communications equipment in an OSC poison pill hearing. 
  • Acted for bondholders opposing the forced redemption of bonds of B.C. forestry company.
  • Acted for managers of a public fund in OSC proceedings relating to a takeover bid.
  • Acted for the acquiring company in a hostile bid in the telecommunications space.
  • Acted for bondholders in oppression proceedings against a gold mining company.
  • Acted for a superior proposal bidder in court proceedings relating to competing hostile bids. 
  • Acted for a public company whose merger was being attacked by a major activist investor.
  • Acted for warrantholders in opposing a $1.7 billion merger transaction.
  • Acted for a technology company in connection with shareholder litigation relating to option-granting practices.
  • Acted for public companies defending activism campaigns and for stakeholders conducting campaigns, both in respect of transactions and board composition.

JOINT VENTURE / PRIVATE COMPANY LITIGATION

  • Acted for a Canadian company in a Canadian-based manufacturing joint venture in a mediation/arbitration dispute with its Chinese state-owned company joint venture partner.
  • Acted for a Canadian company in a Chinese-based manufacturing joint venture in an arbitration dispute with its Chinese state-owned company joint venture partner
  • Acted for a team of investment advisors and a private wealth firm in an alleged fiduciary duty / unfair competition case.
  • Acted for shareholders of numerous private companies in oppression and related proceedings where the parties did not have liquidity exit provisions.
  • Acted for a major resource company in litigation relating to an alleged option for a multi-billion dollar project.
  • Acted for an indenture trustee of bonds issued in connection with a failed real estate development and resisting injunctive relief sought by the developer.

INSOLVENCY LITIGATION

  • Acted for the debtor in the Sino-Forest Corporation, Tamerlane Ventures/Pine Point Holdings and Hollinger Canadian Publishing Holdings CCAA proceedings.
  • Acted for bondholders in the Crystallex, Nortel, Ivaco, and Stelco CCAA proceedings.
  • Acted for creditors in the BuildDirect.com Technologies, Rift Energy, Greyhawk Equity Partners and Fortress Brookdale insolvency proceedings. 
  • Acted for directors in the Timminco, Unique Broadband Systems, and IceGen CCAA proceedings.
  • Acted for shareholders in the Growthworks and Canwest Global CCAA proceedings.
  • Acted for affiliated companies and clients in the Ravelston and Lehman Brothers insolvency proceedings.

GOVERNMENTAL LITIGATION

  • Acted for a party in an application to be delisted from Canadian economic sanctions.
  • Acted for clients in numerous applications, complaints, and investigations to and by the Ontario, Albert and B.C. Securities Commissions.
  • Acted for clients in connection with Competition Tribunal proceedings and other matters involving the Commissioner of Competition.
  • Acted for the Prime Minister of Canada, his Chief of Staff and a Member of Parliament in defamation proceedings brought by a former cabinet minister.
  • Acted for interveners in appeals of numerous constitutional and other public law challenges, including a challenge to legislation altering the size of Toronto city council, a challenge to alleged discriminatory practices in airlines, a challenge to a school board’s practices with respect to religious texts, a human rights complaint relating to speech, two challenges by persons said to have been wrongfully convicted of murder, a challenge to Canada’s prostitution laws, and many others.