Kent E. Thomson

Partner

Kent Thomson

Kent E. Thomson

Partner

“I think he is the best litigator in Canada. He can find the winning argument like a jet-seeking missile. He has a flawless execution and court presence; his oral and written work is stellar.”
Client – Chambers Canada 2021

Kent is the Head of the Litigation Department of Davies in Toronto. He specializes in complex, high-stakes commercial litigation. Recognized repeatedly as one of Canada’s leading trial and appellate counsel, Kent is trusted by clients to act on their most critical matters.

Described by clients as “one of the premier litigators in the country,” Kent appears regularly in courts at every level throughout Canada. (Client, Chambers Canada 2021) He also acts before a number of tribunals in Canada, including the Ontario Securities Commission and the Competition Tribunal.

Lead counsel in many of Canada’s most closely watched cases, Kent has succeeded in obtaining numerous precedent-setting decisions in areas as diverse as oppression, plans of arrangement, class actions, corporate law, securities law, tort law, competition law, tax law, voting law and defamation, including on a number of occasions in the Supreme Court of Canada. He has also succeeded in obtaining numerous Awards for clients in complex domestic and international arbitrations in Canada, the U.S., Europe, Australia and Africa.

As one client says, “He’s indefatigable; he has a motor like no one else” and a “very strong sense of how to move a case forward, how to organise the tactics of a case and how to manage interactions with the court system.” (Chambers Canada 2021)

Kent E. Thomson

Partner

“I think he is the best litigator in Canada. He can find the winning argument like a jet-seeking missile. He has a flawless execution and court presence; his oral and written work is stellar.”
Client – Chambers Canada 2021

Kent is the Head of the Litigation Department of Davies in Toronto. He specializes in complex, high-stakes commercial litigation. Recognized repeatedly as one of Canada’s leading trial and appellate counsel, Kent is trusted by clients to act on their most critical matters.

Described by clients as “one of the premier litigators in the country,” Kent appears regularly in courts at every level throughout Canada. (Client, Chambers Canada 2021) He also acts before a number of tribunals in Canada, including the Ontario Securities Commission and the Competition Tribunal.

Lead counsel in many of Canada’s most closely watched cases, Kent has succeeded in obtaining numerous precedent-setting decisions in areas as diverse as oppression, plans of arrangement, class actions, corporate law, securities law, tort law, competition law, tax law, voting law and defamation, including on a number of occasions in the Supreme Court of Canada. He has also succeeded in obtaining numerous Awards for clients in complex domestic and international arbitrations in Canada, the U.S., Europe, Australia and Africa.

As one client says, “He’s indefatigable; he has a motor like no one else” and a “very strong sense of how to move a case forward, how to organise the tactics of a case and how to manage interactions with the court system.” (Chambers Canada 2021)

BCE Inc.

Acted for BCE Inc. and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by Justice Silcoff of the Quebec Superior Court following a lengthy and highly expedited trial.

Shaw Communications Inc.

Acted for Shaw Communications Inc. in a successful appeal to the Supreme Court of Canada from a decision of the Federal Court of Appeal that would have permitted the CRTC to implement a so-called "value for signal" regime in Canada. The implementation of that regime would have had a transformative impact on television broadcasting in Canada. This case involved the intersection of Canadian copyright and broadcasting laws. The reference question at issue was whether the CRTC had jurisdiction to implement the proposed regime. A majority of the Supreme Court of Canada (with four judges dissenting) held that the CRTC did not have jurisdiction, noting limits on the powers of a subordinate legislative body such as the CRTC.

Ted Opitz

Acted for Member of Parliament Ted Opitz in a successful appeal to the Supreme Court of Canada from a decision of the Ontario Superior Court overturning the results of a federal election in the riding of Etobicoke Centre. This case involved the first consideration by the Supreme Court of election laws in Canada in more than 50 years.

Casey Hill

Acted for the plaintiff, Casey Hill, in a successful appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal in a libel case against the Church of Scientology and its lawyer, Morris Manning. This case resulted in one of the largest jury awards in Canadian history in favour of Mr. Hill, rendered following the conclusion of a lengthy trial, and remains one of the leading decisions of the Supreme Court in the areas of defamation and punitive damages.

Continental Bank of Canada

Acted for Continental Bank of Canada and its subsidiary Continental Bank Leasing Corporation in successful appeals to the Supreme Court of Canada from decisions of the Federal Court of Appeal concerning the proper tax treatment of complex partnership transactions entered into at the time of the winding-up of Continental Bank. The Federal Court of Appeal had set aside a decision rendered in favour of the Bank and its subsidiary by the Honourable Mr. Justice Bowman following the conclusion of a lengthy trial in the Tax Court of Canada. This remains one of the leading decisions of the Supreme Court in the areas of tax law and partnerships.

Government of Canada

Acted for the Government of Canada in an appeal to the Supreme Court of Canada in a controversial case involving legislative changes to Canada's compulsory licensing regime governing the production, marketing and sale of generic pharmaceutical products.

Thomson Newspapers Limited

Acted for Thomson Newspapers Ltd. in an appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal concerning the constitutional validity of the investigative provisions of the Combines Investigation Act (now, the Competition Act). This case gave rise to a rare application to the Supreme Court by both parties to the appeal for reconsideration of the Court's original decision.

Apotex Inc.

Acted for Apotex Inc. in defending successfully at trial in the Superior Court of Ontario claims made by Alcon Canada Inc. concerning an alleged settlement of claims between the parties arising from patent disputes in the United States and Canada. Alcon's claims were dismissed by a Justice of the Commercial List in Toronto following the conclusion of an expedited trial.

Baffinland Iron Mines LP and Baffinland Iron Mines Corporation

Acted as counsel for Baffinland Iron Mines LP and Baffinland Iron Mines Corporation (together, “BIM”) in a high-stakes application to set aside or overturn an arbitral award of more than $114 million in damages. The resulting appeal in this case resulted in an important decision rendered by the Ontario Court of Appeal in April 2023 that addresses the circumstances in which an arbitration agreement will be interpreted as excluding rights of appeal, the application of the presumption of consistent expression in the interpretation of Canadian contracts, and the narrow circumstances in which a refusal to grant leave to appeal by a Superior Court may be appealed directly to the Court of Appeal.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in defence of multi-billion dollar class actions in Ontario and Québec alleging breaches of the public disclosure requirements under provincial securities legislation concerning Barrick's Pascua Lama mining project in Chile and Argentina.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in international tort litigation concerning the mining operations of an affiliate of Barrick in Africa, brought in the courts of Canada, the United Kingdom and Tanzania.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in defending successfully claims asserted against Barrick by Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and St. Andrew Goldfields Ltd. in respect of royalty and other agreements entered into in conjunction with the sale of a sizeable operating mine in Northern Ontario. The claims asserted against Barrick were dismissed following a highly expedited trial in the Superior Court of Ontario that was conducted in the absence of pleadings and discoveries.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in defending successfully litigation in the Ontario Superior Court concerning its pre-bid agreement with Goldcorp Inc. to dispose of certain assets acquired by Barrick in its takeover bid for Placer Dome Inc. and in the subsequent disposition of US$1.6 billion of assets to Goldcorp.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in an appeal to the British Columbia Court of Appeal from a decision reached at the conclusion of a four-month trial pertaining to a failed commercial transaction involving the proposed acquisition of an operating mine in Québec.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in class action and other litigation in the United States and Canada arising from the Bre-X debacle, in which Bre-X was found to have perpetrated a $6-billion fraud involving a non-existent gold deposit in Busang, Indonesia.

Bayer Corporation

Acted for Bayer Corporation in successfully opposing in the Ontario Divisional Court and Ontario Court of Appeal certification of a proposed national class action concerning alleged price fixing in the supply of iron oxide, a colourant in bricks and paving stones. This case, known as Chadha v Bayer, is one of the leading decisions in Canada concerning the certification of antitrust class actions.

Beaverbrook (U.K.) Foundation

Acted for the Beaverbrook (U.K.) Foundation in closely watched trial and appellate arbitration proceedings that were held in public in New Brunswick concerning the ownership of numerous valuable works of art acquired by the Beaverbrook (U.K.) Foundation between 1954 and 1965 that are currently housed at the Beaverbrook Art Gallery in Fredericton. This case was the subject of extensive media coverage throughout Canada, including a lengthy book written by a reporter from the Canadian Broadcasting Corporation.

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.

Canada Life Company

Acted as counsel to Canada Life in a significant appeal argued recently in the Court of Appeal for Ontario concerning the proposed rectification of a complex corporate transaction that gave rise to an unintended tax liability measured in the tens of millions of dollars. The appeal is under reserve.

Canada Pipe Company Ltd.

Acted for Canada Pipe Company Ltd. before the Competition Tribunal, Federal Court of Appeal and Supreme Court of Canada with respect to the only fully contested abuse of dominance case to be decided in Canada in more than 15 years. This matter was decided in favour of Canada Pipe following a lengthy trial in the Competition Tribunal and against Canada Pipe in the Federal Court of Appeal. The matter was eventually resolved through a negotiated Consent Agreement in December 2007.

Centerra Gold Inc.

Acted for the special committee of independent directors of Centerra Gold Inc. in successfully obtaining approval of a contested plan of arrangement under the Canada Business Corporations Act in relation to the global arrangement agreement between Centerra, Kyrgyzaltyn JSC and the Government of the Kyrgyz Republic.

CIBC World Markets Inc.

Acted for CIBC World Markets, the financial advisors to the Special Committee of Magna International Inc., in connection with litigation before the Ontario Securities Commission and the Superior Court of Ontario arising from the elimination by Magna of its dual-class share structure and the creation by Magna of a single class of equity securities by way of a plan of arrangement.

Confidential client

Acting for the claimant in a C$1.1-billion ICC arbitration regarding a major Canadian infrastructure project.

Continental Casualty Company

Successfully defended Continental Casualty Company (CNA) in the Ontario Superior Court of Justice in a class action in which billions of dollars of claims were asserted by or on behalf of thousands of businesses throughout Canada for business interruption coverage arising from the COVID-19 pandemic. This matter was decided by a Justice of the Commercial List in early June 2023 in favour of CNA and other insurers following a multi-week common issues trial. This is the first case to determine authoritatively at trial in Canada that the SARS-CoV-2 virus does not cause “physical loss or damage to property”, and that mere loss of use of property resulting from the COVID-19 pandemic does not trigger coverage under ordinary commercial property insurance policies.

Commissioner of Competition

Acted for the Commissioner of Competition, the Head of the Canadian Competition Bureau, in the first challenge ever brought under the civil price maintenance provisions of the Competition Act alleging that the merchant rules of Visa and MasterCard are unlawful. This is one of the most significant proceedings to be brought before the Competition Tribunal in recent years, and resulted in a lengthy trial before the Tribunal.

Coventree Inc.

Acted for Coventree Inc. in defending enforcement proceedings brought against Coventree and two of its officers by Staff of the Ontario Securities Commission following the collapse of the $35-billion asset-backed securities market in August 2007. A number of allegations made against Coventree were dismissed following a lengthy trial at the OSC. This was the only matter that proceeded to trial following the collapse of the ABCP market in 2007.

Fido Solutions Inc.

Acted for Fido Solutions Inc. in the Superior Court of Ontario and Ontario Court of Appeal in defending successfully a $160-million claim commenced against it by Unique Broadband Wireless Services, Inc. relating to an alleged breach of contract, breach of confidence and breach of fiduciary duty.

General Motors of Canada Limited

Acted for General Motors of Canada Limited in defending successfully claims asserted against it for approximately $1 billion in a class action before the Ontario Superior Court on behalf of approximately 180 former dealers of GMCL who were eliminated from GMCL's dealer network during the restructuring of the company in 2009. This case resulted in a lengthy trial in the Ontario Superior Court and appeals to the Ontario Court of Appeal. All claims asserted against GMCL were dismissed by the trial judge. The Ontario Court of Appeal upheld the trial judge's decision dismissing all claims against GMCL. This has been described by legal commentators as "one of the highest profile cases in Canadian franchise history".

General Motors of Canada Limited

Acted for General Motors of Canada in defending claims asserted against it in the Ontario Superior Court of Justice for approximately $250 million by approximately 20 Buick GMC dealers who were retained by GMCL following the restructuring of the company in 2009. The claims asserted were resolved consensually on the eve of trial.

General Motors of Canada Limited

Acted for General Motors of Canada Limited in defending claims asserted against it in the Ontario Superior Court for approximately $400 million by approximately 20 dealers in the Toronto area arising from changing market conditions in the period following the restructuring of GMCL in 2009.

GrowthWorks Ltd.

Acted for GrowthWorks Ltd. in its successful opposition to a plan of arrangement put forward by VenGrowth Funds in proceedings before the Ontario Superior Court of Justice.

HudBay Minerals Inc.

Acted for Jaguar Financial Corporation, a shareholder of HudBay Minerals Inc., in its successful and precedent-setting application to the Ontario Securities Commission to set aside a decision of the Listing Committee of the Toronto Stock Exchange and compel HudBay to obtain shareholder approval in respect of HudBay's proposed $550-million acquisition of Lundin Mining Corporation. This case led to the termination of the proposed transaction and ultimately to the removal from office of members of the Board of Directors of HudBay.

Kemira Chemicals Canada Inc.

Acted for Kemira Chemicals Canada Inc. in its defence of multiple class actions across Canada alleging a price fixing conspiracy in respect of hydrogen peroxide.

Legion Partners Asset Management

Acted for U.S. activist shareholder Legion Partners Asset Management in connection with its campaign for operational change and board seats on the board of Primo Water Corporation, a TSX-NYSE listed pure-play water solutions provider in North America and Europe. Legion’s campaign included the commencement by Legion of an oppression Application in the Superior Court of Ontario concerning the legality of Primo’s Advance Notice By-Laws. It culminated in an agreement to appoint two Legion nominees to the Primo board and Primo agreeing to adopt certain corporate governance enhancements, including changes to its advance notice bylaw provisions.

Liquor Control Board of Ontario

Acted for the Liquor Control Board of Ontario in defending claims asserted against it for approximately $1.5 billion in antitrust class action proceedings pending in the Ontario Superior Court against the LCBO, Brewers Retail Inc. and a number of major brewers. In March 2018, Justice Perell of the Ontario Superior Court granted summary judgment dismissing all claims asserted against the LCBO and the other defendants, and awarded substantial costs of almost $800,000. The decision of Justice Perell granting summary judgment in favour of the LCBO was affirmed by the Ontario Court of Appeal in April 2019.

Eugene Melnyk

Acted for Eugene Melnyk, the founder of Biovail and the owner of the Ottawa Senators, in defending enforcement proceedings before the Ontario Securities Commission arising from an "earnings warning" issued by Biovail in 2003. This case resulted in a lengthy trial before the OSC, following which many of the allegations made against Mr. Melnyk were dismissed.

MI Developments Inc.

Acted for a subsidiary of Magna International Inc. in defending successfully a precedent-setting oppression application brought against it before the Ontario Superior Court by Greenlight Capital Corporation and its founder, David Einhorn. Magna prevailed at trial, as well as on appeal in the Divisional Court of Ontario and Ontario Court of Appeal.

MI Developments, Inc.

Acted for MI Developments, Inc. (MID) in its successful defence of applications made by minority shareholders of MID to the Ontario Securities Commission by seeking orders denying MID the use of various securities law exemptions and seeking to require MID to obtain minority shareholder approval before proceeding with proposed related party transactions with Magna Entertainment Corp.

National Hockey League

Acted for the National Hockey League and a number of teams in defending dozens of arbitrations in the United States and Canada involving the National Hockey League Players Association.

Nevsun Resources Ltd.

Acted for Nevsun Resources Limited in defending cross-border securities class actions in Canada and the United States. This litigation was resolved successfully following mediations in New York and Los Angeles.

Newmont Mining Corporation (now known as Newmont Corporation) and other defendants

Acted for Newmont Mining Corporation, Fronteer Gold Inc. and its founder Mark O’Dea in a successful defence against a claim for over C$1.2 billion in damages and other relief asserted by Jacqui Safra and his holding company, NWG Investments Inc. Safra alleged fraud and misrepresentation concerning a transaction in which Fronteer acquired a mineral exploration company he founded and controlled. Safra’s claim was commenced after the newly formed Government of Nunatsiavut imposed a moratorium on uranium mining in April 2008. Justice Steele of the Superior Court of Ontario dismissed the claim on the grounds of delay in August 2023. Mr. Safra’s appeal from the decision of Justice Steele was dismissed from the bench by the Court of Appeal for Ontario in May 2024.

Nunavut Iron Ore Acquisition Inc.

Acted for Nunavut Iron Ore Acquisition Inc. and The Energy and Minerals Group in takeover bid proceedings at the Ontario Securities Commission in connection with their unsolicited takeover bid for Baffinland Iron Mines Corporation, and their subsequent successful joint bid with ArcelorMittal, in a transaction valued at $590 million. Nunavut succeeded in its efforts to cease trade the Shareholders Rights Plan of Baffinland, and as a result was able to proceed with its unsolicited bid.

Ontario Lottery and Gaming Corporation

Successfully acted for the Ontario Lottery and Gaming Corporation in a judicial review application brought by the City of Niagara and the Region of Niagara Falls concerning the selection process for an operator of the Niagara gaming bundle.

Ontario Securities Commission

Acted as counsel to the Chairman and Enforcement Branch of the Ontario Securities Commission in connection with enforcement proceedings against a number of the senior officers and directors of Research in Motion concerning a stock option backdating scheme. This case resulted in the imposition of some of the most severe sanctions ever levied in enforcement proceedings by Securities Commissions in Canada.

Osprey Media Income Fund

Acted for Osprey Media Income Fund in defending successfully takeover bid litigation in the Superior Court of Ontario concerning competing bids for Osprey by Quebecor and Black Press. This transaction was valued at approximately $600 million.

Patheon Inc.

Acted for the Special Committee of Patheon Inc. in defending successfully at trial claims of unlawful proxy solicitation made by JLL Partners Inc. in connection with its hostile bid for Patheon. This is now one of the leading cases in Canada in the area of proxy solicitation.

Pershing Square Capital Management LP

Acted for Pershing Square Capital Management, L.P. and other shareholders in trial and appellate proceedings before the Ontario Securities Commission, Ontario Divisional Court and Ontario Court of Appeal concerning a coercive insider bid for Sears Canada Ltd. made by its controlling shareholder, Sears Holdings. Pershing Square prevailed before the OSC, as well as in the Divisional Court and Court of Appeal.

Potash Corporation of Saskatchewan (now known as Nutrien Ltd.)

Acted for Potash Corporation of Saskatchewan (now known as Nutrien Ltd.) in prosecuting complex commercial claims before the Courts of Saskatchewan. This was a multi-billion dollar dispute over the ownership of potash reserves in the world's largest potash mine in Esterhazy, Saskatchewan, and gave rise to more than 100 days of discovery, numerous interlocutory motions as well as an appeal to the Saskatchewan Court of Appeal. This case was settled shortly before the commencement of a lengthy trial in Saskatoon.

Potash Corporation of Saskatchewan (now known as Nutrien Ltd.)

Acted for Potash Corporation of Saskatchewan in an appeal to the Saskatchewan Court of Appeal from a trial judgment requiring PCS to pay damages arising from an undertaking given when PCS obtained an interlocutory injunction restraining its former General Counsel from breaching his fiduciary duties and duty of confidence.

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.

Riot Platforms Inc.

Successfully acted for Riot Platforms, Inc. in an expedited, trial-like hearing before the Capital Markets Tribunal in an application by Riot for a cease trading order regarding an unusual Shareholders Rights Plan adopted by the board of Bitfarms Ltd. The plan would have been triggered if any shareholder had acquired 15% or more of the outstanding shares of Bitfarms. The Tribunal issued the cease trading order in late July 2024.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in opposing successfully a widely publicized Application for injunctive relief brought by indigenous leader Douglas Cardinal that, if granted, would have had the effect of preventing Rogers from broadcasting any Major League Baseball game involving The Cleveland Indians, including the American League Championship Series against The Toronto Blue Jays and The World Series against The Chicago Cubs. Cardinal objected to the use by Cleveland of the team's name and logo. His Application was dismissed from the bench by the Honourable Mr. Justice McKeown of the Ontario Superior Court in October 2016.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in connection with its successful defence in closely watched misleading advertising proceedings in the Ontario Superior Court brought by the Commissioner of Competition. The case concerned comparative performance-based advertising used by Rogers in connection with its launch in 2010 of Rogers' Chatr brand. This case gave rise to a lengthy trial fought over many weeks, and involved complex expert evidence concerning the testing and operation of wireless networks as well as constitutional challenges to the misleading advertising provisions of the Competition Act.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in obtaining summary judgment dismissing Allarco Entertainment's claim against Rogers for more than $100 million in damages for alleged breach of contract, negligence, breach of fiduciary duty and intentional interference with economic relations.

Rogers Communications Inc.

Acting for Rogers Communications Inc. in connection with numerous multi-billion dollar class action proceedings across Canada to recover "system access fees" charged to consumers by wireless service providers in Canada in the period since 1987. These are some of the largest class actions in Canadian history and have given rise to numerous trial level and appellate decisions in favour of Rogers in various provinces in Canada, including Saskatchewan, Manitoba, Québec, Nova Scotia, Alberta and British Columbia.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in defending successfully a consumer class action seeking damages of more than $100 million alleging, among other things, that certain cable services of Rogers were not made available as advertised.

Rogers Communications Inc.

Acting for Rogers Wireless Inc., Fido Solutions Inc. and other Rogers and Fido companies in their defence of a proposed national class action in the courts of Saskatchewan in respect of 911 fees charged by wireless service providers.

Robert Schad and Athena Automation Limited

Acted for Robert Schad and his company Athena Automation Limited in defending successfully a series of claims asserted against them for damages and injunctive relief arising from their alleged misuse of confidential information and the breach by Mr. Schad of his non-compete and non-solicitation obligations owed to Husky Injection Molding Systems Limited, a company founded by Mr. Schad half a century ago. All claims asserted by Husky against Mr. Schad and Athena in this "bet the company" case were dismissed by Justice Newbould of the Ontario Superior Court in April 2016, following a lengthy trial in the Commercial List.

Royal Group, Inc.

Acted for Royal Group, Inc. in its successful defence of a wrongful dismissal action commenced by its former Chief Financial Officer. The action was dismissed by Justice Myers of the Ontario Superior Court of Justice in July 2017, following a three-week trial in the Commercial List. Royal Group prevailed on every issue, proving that the Plaintiff's role in certain related party transactions gave rise to cause for dismissal notwithstanding that the Plaintiff had previously been acquitted of criminal charges brought against him in respect of those transactions.

Sears Canada Inc.

Acted for Sears Canada Inc. in defending claims for approximately $100 million asserted against it by Canadian Premier Life Insurance Company arising from the termination of arrangements between the parties. This case was settled on the eve of trial in the Supreme Court of Ontario.

Shaw Communications Inc.

Successfully acted for Shaw Communications in landmark trial and appellate proceedings in which the Government of Canada challenged the company’s C$26-billion merger with Rogers Communications, the largest contested merger case ever heard in this country. This case was named the #1 business decision of 2023 by Law360 Canada and one of Lexpert’s Top 10 Business Decisions of 2023.

SONY BMG Music (Canada) Inc.

Acted for Sony BMG Music (Canada) Inc. in the successful defence of a national class action brought against Sony in the Ontario Superior Court concerning music copy protection software contained in CDs that were produced, marketed and sold by Sony.

Syndicate of underwriters

Acted for a syndicate of underwriters in defending a securities class action in the Superior Court of Ontario arising from the IPO of Zungui Haixi Corporation, a China-based issuer.

TransAlta Corporation

Acted for TransAlta Corporation in defending successfully "public interest" proceedings initiated against TransAlta by Mangrove Partners before the Ontario Securities Commission and Alberta Securities Commission in respect of the election of Directors of TransAlta at its Annual Meeting on April 26, 2019, and concerning a $750 million financing transaction entered into between TransAlta and Brookfield Renewable Partners.

Vale Canada Limited

Acted for Vale Canada Limited and its affiliates in defending contractual claims before the Supreme Court of Newfoundland and Labrador in an amount of almost C$500 million that were asserted by the Plaintiff under an Option Agreement pertaining to the Voisey's Bay Nickel Project. This case was settled in September, 2018, at the end of the first week of a four month trial that would have involved dozens of lay and expert witnesses. This was the first "hybrid trial" and first electronic trial ever conducted in the Province of Newfoundland and Labrador.

Bruce Walter

Acted for Bruce Walter, a senior Canadian mining executive, in defending successfully enforcement proceedings brought against him by Staff of the Ontario Securities Commission in connection with a takeover bid for a public mining company. Every allegation made against Mr. Walter was rejected by the Ontario Securities Commission following a lengthy trial.

West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully claims asserted against it by The Catalyst Capital Inc. for more than $500 million arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. at a profit of approximately $1.3 billion. Every claim asserted by Catalyst against West Face was dismissed by Justice Newbould of the Superior Court of Ontario in August 2016, following the conclusion of a closely watched trial in the Commercial List. In February 2018, the Ontario Court of Appeal dismissed from the bench Catalyst's appeal from the decision of Justice Newbould.

West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully against a second claim asserted against it by The Catalyst Capital Inc., this time for more than $1.3 billion, arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. On April 18, 2018, Justice Hainey of the Ontario Superior Court of Justice determined that this second claim was essentially an attempt to re-litigate the same facts and issues that had previously been decided by Justice Newbould in the first such claim between Catalyst and West Face. As such, Justice Hainey dismissed the claim as against West Face, and all of the other defendants, as an abuse of process. Catalyst's appeal from the Order of Justice Hainey dismissing this action as an abuse of process was dismissed by the Ontario Court of Appeal in early May 2019. In November 2019, the Supreme Court of Canada dismissed Catalyst's application for leave to appeal.

Confidential Client

Acted for a leading global services provider and its Canadian subsidiary in a high-stakes arbitration relating to the termination of a series of long-term services agreements.

Xstrata plc

Acted for Xstrata plc in complex takeover bid litigation, including in contested hearings at the Ontario Securities Commission associated with Xstrata's hostile $22-billion takeover bid for Falconbridge Inc. Xstrata succeeded in its efforts to cease trade the Shareholders Rights Plan of Falconbridge. As a result, Xstrata was able to proceed with its hostile bid, which was accepted by the shareholders of Falconbridge. This was at the time, and remains, one of the largest takeover bids in Canadian history.

Bulletin

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...

Speaking Engagement

Lecturer and Member of the Faculty, American College of Trial Lawyers, Diversity Trial Advocacy Program; Toronto, ON

May 10, 2024

Speaking Engagement

Moderator and Panelist, The Advocates’ Society and The American College of Trial Lawyers Program, “Trial Advocacy in Action: Al Capone and the St. Valentine's Day Massacre”; Toronto, ON

Apr. 19, 2024

Speaking Engagement

Co-Chair, The Advocates’ Society, “Examining and Cross-Examining Experts”; Webcast

May 30, 2023

Speaking Engagement

Co-Chair, The Advocates’ Society, “Dealing With Difficult Counsel”; Webcast

May 09, 2023

Speaking Engagement

Panelist, Canadian Bar Association, Spring Conference on Competition Law, “Mergers in a Dangerous Time: Litigating Deals”; Toronto, ON

Apr. 27, 2023

Speaking Engagement

Co-Chair, The Advocates’ Society, “Dealing With Difficult Counsel”; Webcast

June 07, 2022

Speaking Engagement

Co-Chair, The Advocates’ Society, Dealing With Difficult People Series, “The Difficult Witness”; Webcast

Oct. 19, 2021

Speaking Engagement

Co-Chair, The Advocates’ Society, Dealing With Difficult People Series, “The Difficult Client”; Webcast

Sept. 24, 2021

Speaking Engagement

Co-Chair, The Advocates’ Society, Dealing With Difficult People Series, “Opposing Counsel”; Webcast

June 15, 2021

Speaking Engagement

Panelist, Osgoode Hall Law School, 17th Annual National Symposium on Class Actions, “The Great Debate: Unsung Heroes – What is the Most Underrated Class Action Case?”; Webcast

Apr. 22, 2021

Speaking Engagement

Institute of Corporate Directors and Rotman School of Management, University of Toronto, “The Changing World of Director Liability”; Webcast

Mar. 23, 2021

Speaking Engagement

National Judicial Institute, “Injunctions, Oppression and Extraordinary Remedies”; Webcast

Jan. 28, 2021

In the News

Kent Thomson Quoted in The Globe and Mail on Telecom Rates Appeal

May 25, 2020 - The Globe and Mail quoted Davies partner Kent Thomson in an article published last week following a request by Canada’s large cable carriers that the Federal Court of Appeal hold an in-person hearing of their pending appeal in that Court. The companies are appealing an August ruling of...

Speaking Engagement

Co-Chair, The Advocates’ Society, Civil Litigation Skills Certificate Program, “Evidence for Litigators”; Toronto, ON

Oct. 16, 2019

Speaking Engagement

Panelist, The Advocates’ Society, Trial Advocacy in Action: The Rosenberg Spy Case, “The Art of Cross-Examination”; Toronto, ON

Sept. 10, 2019

Speaking Engagement

Faculty, The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2019, “Demonstration & Discussion: What Category of Expert Is Your Opponent Calling And Why Does It Matter?”; Toronto, ON

Apr. 24, 2019

Speaking Engagement

Faculty and panelist, Osgoode Professional Development, 16th National Symposium on Class Actions, “The Kings of Comity: When Should a Class Action Court Defer to a Case in Another Jurisdiction?”; Toronto, ON

Apr. 04, 2019

Speaking Engagement

University of Toronto, Faculty of Law, “Perspectives in Class Actions in Canada”; Toronto, ON

Apr. 03, 2019

Speaking Engagement

Queen’s University, Faculty of Law, “The Future of Corporate Litigation”; Kingston, ON

Feb. 04, 2019

Speaking Engagement

Faculty, The Advocates’ Society, Alternative Dispute Resolution Skills Certificate, “ADR Advocacy: Advanced Techniques”; Toronto, ON

Dec. 11, 2018

Speaking Engagement

Co-Chair, The Advocates’ Society, Civil Litigation Skills Certificate Program, “Evidence for Litigators”; Toronto, ON

Nov. 29, 2018

Speaking Engagement

Law Society of Ontario, Securities Law Update, “Securities Litigation Update”; Toronto, ON

Nov. 14, 2018

Speaking Engagement

Law Society of Ontario, Class Actions Update, “Recent Trends in Class Certification and Common Issues Trials”; Toronto, ON

Nov. 08, 2018

Speaking Engagement

The Advocates’ Society, Civil Litigation Skills Certificate Program, “Summary Judgment Motions”; Toronto, ON

May 25, 2018

Speaking Engagement

Co-chair, The Advocates’ Society, “Examining and Cross-examining Experts: Strategic Advice for Litigators”; Toronto, ON

Apr. 18, 2018

Speaking Engagement

The Advocates’ Society, “Electronic Trials and Arbitrations”; Toronto, ON

Apr. 09, 2018

Speaking Engagement

Moderator, Ontario Securities Commission, Embracing Change Conference, “Retooling Enforcement Strategies for Changing Times” Panel Discussion (with the Director of Enforcement of the OSC, the Co-Director of the Division of Enforcement of the U.S. Securities & Exchange Commission, the Senior Director of Market Regulation Technology of FINRA and the Executive Director of the Enforcement Department of the Monetary Authority of Singapore); Toronto, ON

Oct. 12, 2017

In the News

Home Capital Faces Long Road at OSC: Hearings Could Be a Multi-Year Process

May 11, 2017 - Davies partner Kent Thomson was recently quoted in National Post, Financial Post, about Home Capital Group Inc. and the lengthy process it will face as it struggles to shore up its liquidity and restore market confidence. Kent pointed out that depending on how the proceedings play out,...

Guide

Working Smarter But Not Harder in Canada: The Development of a Unified Approach to Case Management in Civil Litigation, principal author

Dec. 01, 2016 - American College of Trial Lawyers

Speaking Engagement

The Law Society of Upper Canada, Twelve-Minute Civil Litigator Conference, “Three Surprises at Trial and How to Deal with Them”; Toronto, ON

Sept. 15, 2016

Speaking Engagement

The Advocates’ Society, Class Actions Advocacy Symposium, “Taking it to Trial: Top Practical Advocacy Tips”; Toronto, ON

Mar. 03, 2016

Speaking Engagement

The Advocates’ Society, Civil Litigation Skills Certificate Program: Trial from A to Z Program, “Preparing and Leading Expert Evidence”; Toronto, ON

Feb. 25, 2016

Speaking Engagement

Western Law, “High Stakes Litigation and the Importance of Civility: The Chatr Trial”; London, ON

Nov. 12, 2015

Speaking Engagement

2015 Northwind Class Actions Invitational Forum, “Developing Issues in Class Action Litigation”; Cambridge, ON

June 11, 2015

Speaking Engagement

2015 Competition Law Spring Forum, “Competition Class Actions and Criminal Cartel Enforcement – The Road Ahead”; Toronto, ON

June 09, 2015

Speaking Engagement

Osgoode Professional Development, M&A Skills Boot Camp, “Corporate Governance Matters and Regulatory Update”; Toronto, ON

Apr. 01, 2015

Speaking Engagement

The Law Society of Upper Canada, Securities Law Practitioner’s Conference, “Litigation Update”; Cambridge, ON

Feb. 20, 2015

Speaking Engagement

Osgoode Professional Development, conference, “Public Interest in Securities Adjudication: Past, Present and Future”; Toronto, ON

Feb. 04, 2015

Speaking Engagement

The Advocates’ Society, Fall Convention, “Communications with Testifying Witnesses”; Mayan Riviera, Mexico

Nov. 08, 2014

Speaking Engagement

The Law Society of Upper Canada, Securities Law Update, “Shareholder Activism”; Toronto, ON

Nov. 06, 2014

Speaking Engagement

The Advocates’ Society, conference, “Practice Management Essentials: Managing Your Way to Trial Success – Practice Management at Trial – What You Need to Know”; Toronto, ON

May 23, 2014

Speaking Engagement

The American College of Trial Lawyers and The Advocates’ Society, Joint Symposium, “Shareholder Activism”; Toronto, ON

May 02, 2014

Speaking Engagement

The Law Society of Upper Canada, 17th Biennial National Conference: New Developments in Communications Law and Policy, “Canada’s Anti-Spam Law and Its Implications for Businesses and The Law That Governs Them: Some Constitutional Concerns, Unanswered Questions and Practical Issues”; Ottawa, ON

May 01, 2014

Article

Proxy Contests in an Era of Enhanced Shareholder Activism

Apr. 02, 2014 - Osgoode Professional Development

Speaking Engagement

Osgoode Professional Development Program, Mergers and Acquisitions Course, “Proxy Contests in an Era of Enhanced Shareholder Activism”; Toronto, ON

Apr. 02, 2014

Speaking Engagement

Canadian Bar Association, Brown Bag Program for Young Lawyers in Competition Law Appeals; Ottawa, ON

Feb. 19, 2014

Speaking Engagement

The Rotman School of Management, University of Toronto, “The Changing World of Directors’ Liability”; Toronto, ON

Sept. 20, 2013

Speaking Engagement

The Advocates’ Society, Spring Symposium 2013: Advocacy in the Real World, “Unpacking Pandora’s Box: Consumer Arbitration Law After Seidel”; Toronto, ON

Apr. 26, 2013

Article

The Use of Arbitration Clauses as a Shield Against Consumer Class Actions in the Wake of Seidel

Dec. 31, 2012 - Corporate Litigation, Vol. 13, No. 2

Speaking Engagement

Faculty member, The Advocates’ Society, 2012 National Expert Witness Academy; Toronto, ON

Apr. 26, 2012

Speaking Engagement

Osgoode Professional Development, M&A Skills Boot Camp, “Corporate Governance and Regulatory Update”; Toronto, ON

Apr. 10, 2012

Speaking Engagement

The Advocates’ Society, Civil Litigation Skills Certificate Program: Trial from A to Z, “Successful Use of Cross-Examination: When, Why and How”; Toronto, ON

Apr. 03, 2012

Speaking Engagement

The Advocates’ Society, Arbitration Conference, “Ethical Challenges in Arbitration Advocacy”; Toronto, ON

Mar. 27, 2012

Article

The Magna Proceedings: Devising a Litigation Strategy Having Regard to the BCE Test

Dec. 31, 2011 - The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (Carswell)

Article

One Hand Taketh Away: Recent Developments in Indirect Purchaser Competition Class Actions in Canada

Sept. 01, 2011 - The Advocates’ Quarterly, Vol. 38, Nos. 3 and 4

Speaking Engagement

Ontario Bar Association, Ethics and Immigration Conference, “Ethics and Immigration: Tips and Traps”; Toronto, ON

June 08, 2011

Speaking Engagement

Art Gallery of Ontario, “The Perils of International Disputes – Lessons Learned from the Lawsuit Against Chevron in Ecuador”; Toronto, ON

May 02, 2011

Speaking Engagement

The Advocates’ Society, National Expert Witness Academy, “Recognizing Opposing Counsel’s Cross-Examination Strategies and Maintaining Your Composure”; Toronto, ON

Apr. 28, 2011

Speaking Engagement

Osgoode Professional Development, “Corporate Governance and Regulatory Issues”; Toronto, ON

Apr. 12, 2011

Article

Private Competition Litigation in Canada: Private Rights of Action in Canada

July 28, 2010

Speaking Engagement

Osgoode Professional Development, Litigating Commercial Disputes Program, “Proving (or Disproving) Damages: Implied Undertaking and Inadvertent Disclosure”; Toronto, ON

June 16, 2010

Speaking Engagement

Osgoode Professional Development, M&A Skills Boot Camp, “Corporate Governance and Regulatory Issues”; Toronto, ON

Apr. 28, 2010

Speaking Engagement

Osgoode Professional Development, Advising the Public Company Board of Directors Program, “The Role of the Business Judgment Rule in Securities Litigation”; Toronto, ON

Feb. 19, 2010

Speaking Engagement

30th Annual Securities Law Practitioners’ Conference, “The Role of the Business Judgment Rule in Securities Litigation”; Cambridge, ON

Feb. 18, 2010

Speaking Engagement

Queen’s Conference on International Business; Toronto, ON

Jan. 23, 2010

Speaking Engagement

Osgoode Professional Development, Corporate Insolvency & Restructuring Program, “Shareholders’ Rights and Directors’ Duties in a Restructuring Environment”; Toronto, ON

Nov. 19, 2009

Speaking Engagement

The Advocates’ Society, 2009 Fall Convention, “Securities Fraud: How to Beat the Rap”; Grand Cayman, Cayman Islands

Nov. 13, 2009

Speaking Engagement

University of Saskatchewan Faculty of Law, “BCE Bondholder Litigation”; Saskatoon, SK

Nov. 03, 2009

Article

Class Action First in Canada: Contested Price-Fixing Class Action Including Indirect Purchasers Certified for First Time by a Canadian Court

Oct. 07, 2009

Speaking Engagement

Insight, Advanced Mergers & Acquisitions: Leading Players – Innovative Strategies Conference, “BCE Bondholder Litigation: Corporate Governance Implications”; May 05 & 06, 2009

May 05, 2009

Article

Practical Advice of a Litigator Concerning Effective Written Advocacy

May 01, 2009 - Ontario Bar Association

Speaking Engagement

Osgoode Professional Development, Third Annual Managing Internal and Regulatory Investigations, “Managing the Multi-Jurisdictional Investigation: Special Challenges”; Toronto, ON

Apr. 20, 2009

Speaking Engagement

The Rotman School of Management, University of Toronto, “Directors Liability: Recent Developments in an Ever-Changing Area of the Law”; Toronto, ON

Mar. 07, 2009

Speaking Engagement

Osgoode Professional Development, Corporate Insolvency and Restructuring Advanced Program, “The BCE Litigation: Principles of Corporate Law Reaffirmed”; Toronto, ON

Dec. 11, 2008

Speaking Engagement

Insight, Advanced Mergers & Acquisitions: Leading Players, Leading Deals Conference, “The BCE Litigation: Principles of Corporate Law Reaffirmed”; Calgary, AB

Dec. 02, 2008

Speaking Engagement

American Bar Association, Business Law Fall Meeting, “The BCE Litigation: Principles of Corporate Law Reaffirmed”; Washington, D.C.

Nov. 22, 2008

Speaking Engagement

The Institute of Corporate Directors and the Rotman School of Management, University of Toronto, meeting, “Risk and the Unforeseen Events on the BCE Litigation”; Toronto, ON

June 25, 2008

Speaking Engagement

Osgoode Professional Development, Litigating Commercial Conference, “Proving Damages: Lost Profits & Value”; Toronto, ON

June 10, 2008

Speaking Engagement

American College of Trial Lawyers and The Advocates' Society, joint meeting, “The Bermuda Triangle of Litigation: Missing Documents and the Tort of Spoliation”

May 02, 2008

Speaking Engagement

Canadian Bar Association, 2007 Annual Fall Conference on Competition Law, “Reviewable Matters and Private Enforcement: A Two-Year Review”; Ottawa, ON; Oct. 11 & 12, 2007

Oct. 11, 2007

Speaking Engagement

Conference Board of Canada, Class Actions Conference, “Establishing a Reasonable Alternative to a Class Action”

Oct. 03, 2007

Speaking Engagement

Osgoode Professional Development, Canadian Securities Law Update, “Securities Commission as an Antidote to Poison Pills: Xstrata's Bid for Falconbridge”

Jan. 30, 2007

Speaking Engagement

Conference Board of Canada, Mergers and Acquisitions: New Threats and Opportunities Conference, “Lessons from Sears: The Fundamental Importance of Fairness”

Jan. 18, 2007

Speaking Engagement

The Canadian Institute, 7th Annual National Forum on Litigating Class Actions, “The Impact of Currie v. McDonald's on Defence Counsel in Class Proceedings”; Toronto, ON; Sept. 26 & 27, 2006

Sept. 26, 2006

Article

Competition Tribunal to Reconsider Loyalty Rebate Case

June 28, 2006

Speaking Engagement

Ontario Bar Association, Threats and Opportunities: Litigating Under the OBCA/CBCA Conference, “The Oppression Remedy and the Duty to Maximize Shareholder Value”

May 01, 2006

Speaking Engagement

The Law Society of Upper Canada, Commercial Litigation Conference, “The Oppression Remedy and the Duty to Maximize Shareholder Value”

Apr. 28, 2006

Article

Truncated Disclosure in Competition Tribunal Proceedings in the Aftermath of Canada Pipe: An Experiment Gone Wrong

Feb. 01, 2006 - The Advocates’ Quarterly, Vol. 31, No. 1

Article

Putting the New Tribunal Rules to the Test: Lessons from the Canada Pipe Proceedings

Dec. 31, 2005 - Canada Competition Record

Speaking Engagement

Osgoode Professional Development, Regulatory Investigations Program, “Enhanced Information Gathering in the Post-Enron Era: Issues for In-House and Outside Corporate Counsel”

June 13, 2005

Speaking Engagement

Canadian Bar Association, International Commercial Arbitration Conference, “Judging from Afar? Interim Measures in International Commercial Arbitration & the Need for Reform”; Vancouver, BC

June 01, 2005

Speaking Engagement

Northwinds Professional Institute, 2005 Competition Law and Policy Forum, “Dual Tracking: Do the Railroad Tracks Lead to the Brink of a Cliff?”

May 01, 2005

Speaking Engagement

Osgoode Professional Development, Recent Developments in Corporate Litigation Program, “Judicial Intervention in Commercial Arbitrations”

June 01, 2004

Speaking Engagement

The Law Society of Upper Canada, Special Lectures 2004: Corporate & Commercial Law, “When the Going Gets Tough: Emerging Trends in Securities Litigation”; Toronto, ON

Apr. 01, 2004

Speaking Engagement

The Advocates’ Society, annual conference, “Cyberlibel: The Litigation Challenges Associated with Defamation on the Internet”; Cancun, Mexico

Nov. 01, 2003

Speaking Engagement

International Bar Association, conference, “Arbitration in a Canadian Antitrust Setting”; San Francisco, CA

Sept. 15, 2003

Speaking Engagement

The Canadian Institute, Litigating Class Proceedings Conference, “Who Pays the Piper? Costs Awards in Class Proceedings”

Sept. 01, 2003

Speaking Engagement

Ontario Bar Association, Shareholder Disputes Conference, “The Judge Said I was Personally Liable – BUTT I am Director! Keeping One Step Ahead: The Latest in Shareholder Disputes and Remedies”; Toronto, ON

May 01, 2003

Speaking Engagement

Atlas Information (Canada), Competition Law Issues in Difficult Times Conference, “Litigating Abuse of Dominance Cases After Bill C-23”

Nov. 01, 2002

Speaking Engagement

Canadian Bar Association, Competition Law Annual Fall Conference, “The Certification of Proceedings Involving Antitrust Claims by Indirect Purchasers”; Ottawa, ON

Oct. 01, 2002

Speaking Engagement

The Canadian Institute, Third Annual National Class Actions Forum, “The Use of Arbitration Clauses as a Shield to Class Actions”; Toronto, ON

Sept. 01, 2002

Speaking Engagement

Osgoode Professional Development, Current Issues in Corporate Litigation Program, “Effective and Expeditious Dispute Resolution: The Use of Arbitration Clauses in Commercial Agreements”

Apr. 01, 2002

Speaking Engagement

Insight, seminar conference, “Drumming Up Business: Class Counsel and the Ethics of Giving Notice”; Toronto, ON

Jan. 31, 2002

Speaking Engagement

Osgoode Professional Development, “Winning the Battle of Experts: Putting Your Best Case Forward – Using Evidence Effectively”; Toronto, ON

Dec. 01, 2001

Speaking Engagement

The Law Society of Upper Canada, conference, “The Certification of Proceedings Involving Antitrust Claims by Indirect Purchasers”

Oct. 15, 2001

Speaking Engagement

The Law Society of Upper Canada, conference, “Conduct of Commercial Arbitrations”

Oct. 01, 2001

Speaking Engagement

Canadian Bar Association, Competition Law Annual Fall Conference, “The Certification of Class Proceedings Involving Antitrust Claims by Indirect Purchasers”

Sept. 01, 2001

Speaking Engagement

Insight, conference, “Advertising Regulated Products Under the Food and Drugs Act

Feb. 01, 2001

Speaking Engagement

Insight, conference, “For Your Eyes Only?”

May 15, 2000

Speaking Engagement

New York State Bar Association, conference, “Selected Issues in the American and Canadian Law of Expert Witnesses”

May 01, 2000

Speaking Engagement

Insight, conference, “Advertising: You and Your Competitor - Comparative Advertising and Recent Amendments to the Competition Act

Oct. 01, 1999

Speaking Engagement

Canadian Bar Association, Competition Section Conference, “Internal Investigations and Solicitor-Client Privilege: Yours, Mine or Ours?”

Sept. 01, 1998

Speaking Engagement

Insight, conference, “Defending Allegations of Misleading or Deceptive Advertising”

Apr. 01, 1998

Speaking Engagement

The Law Society of Upper Canada, symposium, “The Commercial Arbitration: It’s What You Make of It”

Mar. 01, 1998

Article

Hercules Management Ltd. v. Ernst & Young: Narrowing the Scope of Auditors’ Liability

Dec. 31, 1997 - Credit and Banking Litigation Quarterly, Vol. 4, No. 3

Speaking Engagement

The Canadian Institute, conference, “Defending Investigations Of Alleged Misleading Or Deceptive Advertising”

June 01, 1997

Article

The Paramountcy of Federal Bankruptcy Priorities Over Provincial Lien Interests

Dec. 31, 1996 - Credit and Banking Litigation Quarterly, Vol. 3

Speaking Engagement

Insight, conference, “The Private Enforcement of Rights Under the Competition Act”; Toronto, ON

June 01, 1996

Speaking Engagement

The Canadian Institute, conference, “The Aftermath of Thomson Newspapers: Compelled Testimony Under the Competition Act

May 01, 1996

Speaking Engagement

Canadian Bar Association, National Competition Law Section, conference, “A Measure of Avoidance: The Design and Implementation of Competition Law Compliance Programs”

Sept. 01, 1995

Speaking Engagement

The Canadian Institute, conference, “Recent Developments in Enforcement Initiatives Pertaining to the Competition Act

June 01, 1994

Speaking Engagement

The Canadian Institute, conference, “Wholesale Travel: The Availability of the Due Diligence Defence in a Misleading Advertising Prosecution”

May 01, 1994

Speaking Engagement

Canadian Corporate Counsel Association, Spring Seminar, “A Moveable Feast: Recent Developments in the Law Pertaining to Solicitor-Client Privilege”; Montréal, QC

Apr. 01, 1994

Speaking Engagement

Canadian Bar Association, Living with the Competition Act in the 1990s seminar, “The Constitutional Validity of the Investigative Provisions of the Competition Act: The Implications of Thomson Newspapers”; Vancouver, BC

Sept. 01, 1993

Article

Classification of Creditors under the CCAA - Excessive Fragmentation of Classes

July 31, 1993 - Credit and Banking Litigation Quarterly, Inaugural Issue

Article

Testing the Authority of the Competition Tribunal

Jan. 31, 1993 - McGill Law Journal

Speaking Engagement

Insight, Intellectual Property in Commercial Transactions Seminar, “Competition Laws and Restrictions on Exploitation”

Nov. 01, 1992

Speaking Engagement

The Canadian Institute, Fraudulent Insurance Claims Symposium, “Fraudulent Insurance Claims: A Survey of Legal Issues”

Sept. 01, 1991

Speaking Engagement

The Canadian Institute, Second Annual Competition Law & Competitive Business Practices Conference, “Commercial Equality: The Law of Price Discrimination in Canada”

May 01, 1991

Speaking Engagement

The Canadian Institute, Third Annual Corporate Counsel Symposium, “A Time of Change: Recent Developments in Canadian Competition Law” (1991) 23 Ottawa Law Review 373

Jan. 31, 1991

Speaking Engagement

Insight, Educational Services Seminar, “Misleading Advertising: Legislative and Judicial Attempts to Strike the Appropriate Balance”

Sept. 01, 1989

Article

Structural Rationalization: An Analysis of The Specialization Agreement, Merger and Pre-Merger Notification Provisions of Bill C-91, co-author

Dec. 31, 1986 - Insight Educational Services Limited

Speaking Engagement

Canadian Competition Policy Record Symposium, “The Investigative Provisions of the Competition Act: An Analysis”

Sept. 01, 1986

Article

Corporate Liability for the Toxic Tort

Apr. 30, 1986 - Corporate Structure, Finance and Operations, Vol. 4

Article

Restricting Absolute Liability: What You Don’t Know May Not Hurt You

Mar. 31, 1986 - Business and the Law, Vol. 3, No. 4

Article

Developments in Canadian Combines Legislation and Enforcement, co-author

Feb. 28, 1986 - Section of International Law and Practice of the American Bar Association

Article

Limiting the Search and Seizure Powers of Combines Investigators: The Southam Decision and its Aftermath

Dec. 31, 1985 - Canadian Business Law Journal, Vol. 55

Article

An Overview of the Courts of Justice Act, 1984 and The Rules of Civil Procedure, co-author

Jan. 31, 1985 - Osler, Hoskin & Harcourt

Article

Oral Examinations for Discovery Under The Rules of Civil Procedure

June 30, 1984 - Insight Educational Services Limited

American Bar Foundation—Fellow

American College of Trial Lawyers—Fellow

International Society of Barristers—Fellow

International Academy of Trial Lawyers—Fellow

Expert Guides’ Best of the Best—Top 30 Litigators Worldwide

Benchmark Canada’s Hall of Fame Award (2020)—Presented to select practitioners who have had an illustrious career with considerable achievements and have earned unanimous market recognition.

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 50 Trial Lawyers in Canada (2017-2024)

Who’s Who Legal: Canada—The Top Ranked Most Highly Regarded Practitioner in Litigation in Canada in 2019

Ranked repeatedly as a Band 1 Litigation Counsel in Chambers Global: The World’s Leading Lawyers for Business for Dispute Resolution

Ranked repeatedly as a Band 1 Litigation Counsel in Chambers Canada: Canada’s Leading Lawyers for Business for Dispute Resolution in respect of Commercial Litigation and the defence of Class Actions.

Chambers Canada Award—Litigation Firm of the Year (2018)

Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial Department: Ontario (Band 1)

The Legal 500 Canada—Dispute Resolution: Ontario (Hall of Fame)

Ranked repeatedly as one of Canada’s leading Litigation Counsel in The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada for Dispute Resolution in respect of Class Actions, Competition Law, Corporate Commercial Litigation, Directors’ & Officers’ Liability Litigation and Securities Litigation.

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Dispute Resolution

Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Competition Law; Corporate Commercial Litigation; Class Actions; Securities Litigation

Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada—Competition Law

Lexpert Special Edition: Finance and M&A

Lexpert Special Edition: Litigation

The Canadian Legal Lexpert Directory—Class Actions (Most Frequently Recommended); Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Directors’ & Officers’ Liability (Most Frequently Recommended); Litigation: Securities (Most Frequently Recommended); Competition Law (Most Frequently Recommended)

Expert Guides—Competition and Antitrust; Litigation

The Best Lawyers in Canada—Lawyer of the Year, Corporate and Commercial Litigation (Toronto, 2021)

The Best Lawyers in Canada—Lawyer of the Year, Class Action Litigation (Toronto, 2020)

The Best Lawyers in Canada—Competition/Antitrust Law Lawyer of the Year (2013)

The Best Lawyers in Canada—Bet-the-Company Litigation; Class Action Litigation; Competition/Antitrust Law (Litigation); Corporate and Commercial Litigation; Director and Officer Liability Practice; Securities Law

Global Competition Review’s The International Who’s Who of Competition Lawyers and Economists

Who’s Who Legal: Thought Leaders Commercial Litigation; Who’s Who Legal: Commercial Litigation; Who’s Who Legal: Canada—Commercial Litigation; Competition

Canadian Who’s Who (Repeatedly Included)

The Canadian Law Awards—Commercial Litigation Team of the Year (2023)

Law360 Canada—Top Business Decision (2023)

Benchmark Litigation Canada Awards—Impact Case of the Year (2017, 2019, 2020, 2023)

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 25 Trial Lawyers in Canada; Class Action (Litigation Star); General Commercial Litigation (Litigation Star); Competition Law (Litigation Star); Securities (Litigation Star)

Martindale-Hubbell—AV Preeminent: highest ranking for legal ability and integrity

Bar Admissions

Ontario, 1984

Education

Queen’s University, LLB, 1982
Queen’s University, BA (with Distinction), 1979

Professional Affiliations

American Bar Foundation, Fellow
American College of Trial Lawyers, Fellow
International Society of Barristers, Fellow
International Academy of Trial Lawyers, Fellow

Board Memberships

The Advocates’ Society, former Director

Community Involvement

American College of Trial Lawyers, former Vice-Chair of the General Committee on Judicial Independence; former Vice-Chair and Chair of the Judiciary Committee; Vice Chair and Chair of the Special Problems in the Administration of Justice Committee for Canada; Member of the Ontario Province Committee; Member of the American College Task Force on Judicial Independence; Principal author of the Report of the American College entitled “Working Smarter But Not Harder in Canada: The Development of a Unified Approach to Case Management in Civil Litigation” (2016)
Member of Chief Justice Strathy’s Task Force concerning improvements to case management in civil cases in Ontario
Queen’s University Faculty of Law, Advisory Council, former member
The Canadian Institute, Commercial & Business Litigation Review, Associate Editor
Various community, school-related and charitable activities
Coach of numerous children’s hockey, soccer and baseball teams

Teaching Engagements

Kent has been asked to deliver presentations on a wide variety of litigation-related topics, including in Canada, the United States, Mexico and the Cayman Islands. He has taught trial and appellate advocacy programs in Canada and the United States, and appeared as a guest lecturer at Queen’s University, York University, the University of Toronto and the University of Western Ontario.