Maple Leaf Foods Inc.

Acting for Maple Leaf Foods Inc., as well as several current and former executives of the company, in complex litigation pending before the Ontario Superior Court of Justice against Grupo Bimbo S.A.B. de C.V. and Canada Bread Company, Ltd. involving claims of more than C$2.2 billion arising from the 2014 sale of Canada Bread to Grupo Bimbo, as well as allegations concerning price-fixing in the bread industry in Canada.

Riot Platforms Inc.

Acted for Riot Platforms Inc., a Bitcoin mining and digital infrastructure company, in connection with its successful application to the Capital Markets Tribunal of Ontario to cease trade the 15% trigger poison pill adopted by Bitfarms Ltd., a Toronto-based bitcoin mining company, in response to Riot’s unsolicited strategic pursuit of Bitfarms and shareholder meeting requisition. This decision was named one of the top 10 business decisions of 2024 by Law360 Canada.

Riot Platforms Inc.

Acted for Riot Platforms Inc. in connection with its strategic pursuit of change at Bitfarms Ltd., including its shareholder meeting requisition and successful challenge to Bitfarms' 15% trigger poison pill at the Ontario Capital Markets Tribunal, which culminated in the parties entering into a settlement agreement and Riot's director nominee being appointed to Bitfarms' board. 

Google LLC

Defending Google LLC and Google Canada Corporation in an application launched by the Commissioner of Competition before the Competition Tribunal in late November 2024 concerning allegations of abuse of dominance in the digital display advertising technology, or "ad tech", industry. In the application, the Commissioner seeks, among other things, an order requiring Google to divest significant assets as well as potentially compelling the payment by both companies of administrative monetary penalties of up to 3% of their worldwide gross revenues.  

StarKist Company and Dongwon Industries Company Limited

Successfully represented StarKist Company and Dongwon Industries Company Limited in class action proceedings commenced in Ontario alleging anti-competitive behaviour in the market for canned tuna. Davies successfully defeated certification in the Ontario Superior Court and that decision was upheld by the Court of Appeal for Ontario.

TotalEnergies EP Canada Ltd.

Acted for TotalEnergies EP Canada Ltd., a subsidiary of TotalEnergies SE, in connection with its acquisition of an additional 6.65% working interest in the Fort Hills oils sands project located approximately 90 km north of Fort McMurray, Alberta.

Insolvency Institute of Canada

Acted for the Insolvency Institute of Canada (IIC) as an intervener before the Supreme Court of Canada in Aquino v. Ernst & Young (Aquino) and Scott v. Golden Oaks (Golden Oaks), two important commercial cases concerning corporate attribution and set-off in the bankruptcy and insolvency context. These decisions were named #2 of the top 10 business decisions of 2024 by Law360 Canada.

National Beef Packing Company

Acting for National Beef Packing Company in antitrust class actions commenced in Québec and British Columbia alleging a supply and price-fixing conspiracy in respect of cattle and beef.

Regional Municipality of Halton

Acted as counsel to the Regional Municipality of Halton, the Town of Milton, the Halton Region Conservation Authority and other municipalities in a constitutional challenge concerning the enforcement of dozens of provincial and municipal laws in respect of a major industrial development that the Canadian National Railway Company intends to proceed with in Milton and Halton. The matter was heard by a Justice of the Superior Court of Ontario in May and June, 2022.

OMERS Administration Corp and OMERS Private Equity Inc.

Acting for OMERS Administration Corporation and OMERS Private Equity Inc. in five separate lawsuits filed by former employees of OMERS Private Equity, including one that initially claimed C$65 million in damages. The plaintiffs allege, among other things, breach of a long-term compensation plan.

Canadian Real Estate Association

Acting for the Canadian Real Estate Association (CREA) to defend a proposed class action in the Federal Court alleging that CREA’s rule regarding broker commissions is anti-competitive.

Occidental Chemical Corporation and Oxy Canada Sales Inc.

Acting for Occidental Chemical Corporation and Oxy Canada Sales Inc. in antitrust class actions commenced in the Federal Court of Canada and in Québec, alleging that Occidental, together with a number of other chemical manufacturers, engaged in a price-fixing conspiracy in connection with the global sale of caustic soda, also known as sodium hydroxide (NaOH) or lye.

Delta Air Lines

Acting for Delta Air Lines in defending a multi-billion dollar proposed class action alleging a conspiracy to constrain the capacity of the passenger airline industry in North America.

Zimmer Biomet Holdings, Inc.

Acting for Zimmer Biomet Holdings, Inc. in defending class action proceedings in the Superior Court of Ontario concerning alleged defects in Biomet's metal-on-metal hip replacement and resurfacing devices.

Capital Markets Tribunal Establishes New Framework for Evaluating Poison Pills

Nov. 21, 2024 - The Ontario Capital Markets Tribunal recently released its highly anticipated reasons for cease trading a shareholder rights plan adopted by Bitfarms Ltd. (Bitfarms) with a 15% trigger (15% Rights Plan). In Riot Platforms, Inc. v. Bitfarms Ltd., 2024 ONCMT 27, the Tribunal exercised its...

Making a Profit Is Not Illegal: Capital Markets Tribunal Dismisses Enforcement Proceedings Finding Borrowed Free Trading Shares Remain Unaffected By Pledge of Restricted Shares

Nov. 11, 2024 - The Ontario Capital Markets Tribunal (Tribunal) recently dismissed enforcement proceedings brought against several respondents by the Ontario Securities Commission (Commission) in Cormark Securities Inc (Re). The Commission alleged that settling a short sale with free-trading shares...