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.

Confidential client

Acted for a public company in defence of a proposed securities class action alleging misrepresentations contrary to the Securities Act (Ontario) in connection with government contracting and the importation of goods.

Atlantic Lottery Corporation, British Columbia Lottery Corporation, Manitoba Liquor and Lotteries, Lotteries and Gaming Saskatchewan

Acting for provincial lottery corporations representing seven out of 10 provinces in a criminal law reference before the Court of Appeal for Ontario concerning the scope of a province’s authority to conduct and manage online gambling with international aspects.

Moez Kassam and Anson

Acting for Moez Kassam and Anson funds in pursuing claims for defamation and conspiracy, arising from a series of false and defamatory statements published about them anonymously on the internet.

Gotham Green Partners, LLC

Acting as counsel to Gotham Green Partners, LLC in defence of a petition seeking to unwind the debt restructuring transaction of iAnthus Capital Holdings Inc.

Gotham Green Partners, LLC

Acted for Gotham Green Partners, LLC in a successful application by the Gotham lenders to compel the enforcement of a restructuring and support agreement concerning the recapitalization of iAnthus Capital Holdings.

Agnico Eagle Mines Limited

Acted for Agnico Eagle Mines Limited in its all-cash acquisition of TMAC Resources Inc. by way of assignment to Agnico Eagle from Shandong Gold of an arrangement agreement between Shandong Gold and TMAC pursuant to a court-approved plan of arrangement under the Business Corporations Act (Ontario). The transaction had a total equity value of approximately C$287 million and, in connection with the acquisition, Agnico Eagle also retired TMAC's outstanding debt and deferred interest of approximately US$135 million.

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.

YMCA of Southwestern Ontario

Acting for YMCA of Southwestern Ontario in a dispute over its business interruption insurance coverage provided by Northbridge General Insurance Corporation in relation to the global COVID-19 pandemic.

Maxit Capital LP

Acted for Maxit Capital LP, as a financial advisor to Guyana Goldfields Inc., in a successfully contested plan of arrangement under the Business Corporations Act (Ontario) in relation to Maxit's retainer agreement with Guyana. 

Canadian Chamber of Commerce

Acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning the applicability of arbitration clauses to class actions in Ontario.

Delta Air Lines

Acting for Delta Air Lines in a class action alleging failure to offer refunds for all air carrier services that were cancelled after March 1, 2020, as a result of the COVID-19 pandemic.

Canadian Chamber of Commerce

Acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning whether Canadian law should recognize a novel tort of disgorgement of profits gained as a result of wrongdoing.

James MacDonald

Acted for Mr. James S.A. MacDonald before the Supreme Court of Canada in an appeal concerning the difference between speculation and hedging, and the tax treatment applicable to gains or losses arising from derivative transactions.

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.

KSV Kofman Inc. (now known as KSV Restructuring Inc.)

Acted for KSV Kofman Inc. (now known as KSV Restructuring Inc.), as monitor for the Urbancorp Group of Companies, in an appeal concerning whether a certain transaction was a fraudulent conveyance or otherwise voidable by the monitor in connection with Urbancorp's CCAA proceedings.

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.

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.

Confidential Arbitration

Successfully arbitrated a contractual dispute for a Québec-based client in the retail products industry. The dispute involved synthesizing the 20 year history of a series of multi-lateral relationships and resulted in a complete victory for Davies' client.

Endo International plc

Represented Endo International plc in a Canadian securities class action alleging that Endo made material misrepresentations and omissions concerning (i) its receipt of "a subpoena from the State of Connecticut about likely antitrust violations concerning" certain products; and (ii) the erosion in its generic pharmaceutical business.

Roy Gardiner

Acted for the defendants on appeal in Todd Family Holdings Inc. v Gardiner, in which the Ontario Court of Appeal overturned a number of trial findings made against Roy Gardiner and Dayl Armstrong arising out of a loan by the plaintiffs to the defendants. The trial judge had made findings of fraud against Gardiner and Armstrong; awarded damages of over US$2.2 million; awarded costs of almost $1 million; assigned the defendants' intellectual property to the plaintiffs until all debts were satisfied; and held that the plaintiffs had not recovered any sums owing during the period leading up to trial, despite having held the IP for seven years. The Ontario Court of Appeal reversed the finding of deceit against Armstrong; reduced the damages award by approximately US$1 million; reversed the award of costs; reversed the finding that the plaintiffs had not recovered any sums owing up to the trial date; and ordered an accounting of all sums recovered by the plaintiff to date.

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.

Anson Advisors Inc.

Acted for Anson Advisors Inc. and others in defending a $300-million claim for defamation and intentional interference with economic relations relating to a blog post published on the website "Seeking Alpha". This claim and the $50-million counterclaim for defamation were consensually resolved.

Shaw Communications Inc.

Acted successfully for Shaw Communications Inc. In the Matter of an Application by The Catalyst Capital Group Inc., the first case in which the Ontario Securities Commission has denied standing to a party to commence an application under the "public interest" jurisdiction of the Ontario Securities Act.

EMEA Nortel Debtors

Acted for the EMEA Nortel Debtors in the Ontario Commercial List and Delaware Court of Bankruptcy concerning allocation of approximately $7.5 billion of proceeds from the sale of Nortel assets. The Nortel allocation proceedings were unique in their size, complexity, and multi-jurisdictional nature.

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.

WIND Mobile Corp. and its shareholders

Acted for WIND Mobile Corp. (WIND) and its shareholders, including West Face Capital, in connection with the sale of WIND to Shaw Communications Inc. for approximately $1.6 billion.

Ontario Lottery and Gaming Corporation

Acting for the Ontario Lottery and Gaming Corporation (OLG) in successfully bringing a motion to have a claim dismissed for failure to state a cause of action. The plaintiff alleged that OLG owed a duty of care to identify and exclude problem gamblers from its facilities. In striking the claim at the pleadings stage, the Court established for the first time in Ontario that as a matter of law, casinos do not owe a duty of care to problem gamblers. This decision follows numerous actions alleging such a duty and a proposed class action premised on such a duty, for which class certification had been denied.

Maple Leaf Foods Inc.

Acted for Maple Leaf Foods Inc. in connection with its defence to a claim by its former food broker for reasonable notice of termination and breach of contract.

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.

Maple Leaf Foods Inc.

Acted for Maple Leaf Foods Inc. in putting Nutreco, a leading animal nutrition company, on notice to hold Maple Leaf harmless for any losses as a result of mislabelled hog feed.

Joseph Cassano

Acting in defence of Joseph Cassano in a class action against AIG and certain of its former officers and directors.

Ontario Lottery and Gaming Corporation (OLGC)

Acted for the Ontario Lottery and Gaming Corporation ("OLG") in connection with a $3.5-billion class action and numerous individual actions alleging OLG owed a duty of care to prevent "problem gamblers" from gambling in OLG's commercial casinos.  Successfully defeated certification at hearings before the Superior Court of Justice, Divisional Court and Court of Appeal for Ontario.

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.

Maple Leaf Foods Inc.

Acted for Maple Leaf Foods Inc. and Olivieri Foods Limited in defending a breach of contract lawsuit regarding the supply of pasta products by Benevito Foods.

Platinum Partners Value Arbitrage Fund

Acted for Platinum Partners Value Arbitrage Fund before the courts of Ontario and Supreme Court of Canada in successfully obtaining summary judgment dismissing a $200 million claim alleging fraud in respect of ownership of a Peruvian mine. This case was one of the first cases in which summary judgment was upheld by the Ontario Court of Appeal following the Combined Air decisions, which limited the scope of summary judgment.

Samsung Renewable Energy Inc. and Pattern Renewable Holdings Canada ULC

Acted for Samsung Renewable Energy Inc. and Pattern Renewable Holdings Canada ULC in hearings before the Environmental Review Tribunal in the successful defence of appeals of the renewable energy approvals for the South Kent 270 MW and Grand Renewable 148 MW wind energy projects.

Audley Capital

Acted for Audley Capital in successfully defeating motions for class certification and for leave to commence a claim for securities misrepresentation under Part XXIII.1 of the Ontario Securities Act in the leading case of Gould v. Western Coal Corporation et al. This action was the first case in which leave to proceed under Part XXIII.1 was denied on the merits of the claim since that legislation permitting "secondary market claims" was introduced in Ontario. Justice Strathy's decision in this case established important precedents on issues of expert evidence, the standard for leave to proceed under Part XXIII.1, conspiracy, and oppression.

Maple Leaf Foods Inc.

Acted for Maple Leaf Foods Inc. in defending class action proceedings in the Superior Court of Ontario concerning alleged mislabelling in Maple Leaf's "Natural Selections" and Schneider's "Country Naturals" brands of processed meats.

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.

Ontario Lottery and Gaming Corporation (OLG)

Acted successfully for the Ontario Lottery and Gaming Corporation (OLG) with respect to Loveless v. Ontario Lottery and Gaming Corporation in a decision denying class certification to a proposed class of individuals who bought lottery tickets from OLG between the years 1975 to 2009.

Canadian Coalition for Good Governance

Acted for the Canadian Coalition for Good Governance, a collection of Canada's leading institutional investors, in a reference to the Supreme Court of Canada concerning the constitutional validity of proposed legislation creating a National Securities Regulator in Canada.

Maple Leaf Foods Inc.

Acted for Maple Leaf Foods Inc. in the successful lawsuit launched against Illinois-based Formax Inc. for defective meat slicers.

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.

Osprey Media Income Fund

Acted for Osprey Media Income Fund in its auction process and the resulting negotiated all-cash takeover bid for Osprey by Quebecor Media Inc., including successfully defending Osprey against litigation initiated by Quebecor to challenge Black Press Ltd.'s superior proposal that was eventually matched by Quebecor in a transaction valued at $578 million.

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.

PetroKazakhstan Inc.

Acted for PetroKazakhstan Inc., a Canadian-listed energy company, in its US$4.18-billion acquisition by China National Petroleum Corporation by way of negotiated takeover bid.

Ontario Court of Appeal Issues Decision in The Catalyst Capital Group Inc. v West Face Capital Inc.

June 06, 2023 - The Ontario Court of Appeal, following the guidance issued by the Supreme Court of Canada in 1704604 Ontario Ltd. v Pointes Protection Association¹ (Pointes Protection) and Hansman v Neufeld² (Neufeld), has issued its much-anticipated...

Canada’s Top Court Confirms Anti-SLAPP Motions Protect Speakers, Not Plaintiffs

May 25, 2023 - The Supreme Court of Canada, in commenting on anti-SLAPP¹ legislation for the third time in the span of three years, has confirmed that even potentially meritorious claims must be dismissed if the public interest in the defendant’s expression outweighs the public interest in allowing the...

The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2021: The Effective Advocate, “The Year in Review: Key Cases in 2020”; Webcast

Apr. 21, 2021

Canada’s Top Court Provides Guidance on SLAPPs

Sept. 21, 2020 - Overview Strategic lawsuits against public participation (SLAPPs) are lawsuits that are intended not to seek justice, but instead to intimidate and silence critics. Regardless of the merits of its underlying claim, a well-heeled plaintiff is often able to drag the critic through costly and...

Class Actions: Gambling on a Novel Cause of Action May Not Be a Winner

July 29, 2020 - In Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 (Babstock), the Supreme Court of Canada (SCC) clarifies the contentious doctrine of “waiver of tort” and provides helpful guidance on the way courts should assess novel claims at the stage of certification of a proposed...

Canada’s Top Court Invalidates Uber’s Arbitration Clauses and Clarifies the Doctrine of Unconscionability

July 03, 2020 - The Supreme Court of Canada has released its highly anticipated decision in Uber Technologies Inc. v David Heller (Uber), ruling that a proposed class action on behalf of Uber drivers can proceed despite an arbitration clause contained in the standard form agreement between drivers and...

Force Majeure and Frustration in Light of COVID-19

Mar. 25, 2020 - The global COVID-19 pandemic has resulted in unprecedented and rapidly developing challenges for companies attempting to fulfill their contractual obligations in the face of supply chain interruptions, labour shortages, government-ordered closures and unexpected declines in demand. In these...

COVID-19: Material Adverse Change and Material Adverse Effect

Mar. 23, 2020 - The COVID-19 pandemic has had, and is likely to continue to have, a major impact on the global economy as countries implement various levels of “social distancing” and other restrictions on normal activities. In these uncertain times, many businesses may find themselves reviewing their contracts...

Ontario Court of Appeal Upholds Application of Regulated Conduct Defence to Dismiss Class Action Alleging Conspiracy in Beer Industry, co-author

June 30, 2019 - Competition Policy International
Read the article.

Ontario Bar Association, “Introducing Evidence at Trial”; Toronto, ON

Mar. 01, 2019

Matt Milne-Smith Speaks to Lexpert on Slowdown in Securities Class Actions

Dec. 04, 2018 - In an article published in the Lexpert Special Edition – Canada’s Leading Litigation Lawyers, Davies partner Matt Milne-Smith discusses the impact of the Supreme Court of Canada’s 2015 trilogy of decisions interpreting the leave standard for secondary market securities class action filings...

Ontario Court Awards $2.35 Million in Costs to Successful Defendants in Proposed Antitrust Class Proceeding

Aug. 20, 2018 - Justice Perell, of the Ontario Superior Court of Justice, has rendered his costs award in respect of his earlier decision granting summary judgment (see our March 23, 2018 bulletin) in favour of the defendants in Hughes v Liquor Control Board of Ontario. The case was a proposed class...

Ontario Court of Appeal Clarifies Jurisdictional Reach of Secondary Market Misrepresentation Claims

July 26, 2018 - The Ontario Court of Appeal has issued an important decision concerning the jurisdiction of Ontario courts in relation to secondary market misrepresentation claims brought under the Ontario Securities Act. In Yip v HSBC Holdings plc, released on July 11, 2018, the Court...

Ontario Court Applies Regulated Conduct Defence on Summary Motion to Dismiss Class Action Alleging Market Allocation Conspiracy

Mar. 23, 2018 - On March 15, 2018, Justice Perell of the Ontario Superior Court of Justice dismissed a proposed class action (Hughes v. Liquor Control Board of Ontario) concerning a document (Framework) signed by the Liquor Control Board of Ontario (LCBO) and the owner and operator of The Beer Store,...

If we can’t trust witnesses, can we trust trials?

Oct. 01, 2017 - The Advocates’ Journal, Vol. 36, No. 2 (The Advocates’ Society)
Download this article. This article was originally published in The Advocates’ Journal (Fall 2017). Posted with permission.

Canada’s Top Court Rules on Personal Liability of Directors for Oppression

July 18, 2017 - On July 13, 2017, the Supreme Court of Canada issued its decision in Wilson v. Alharayeri (Alharayeri). The decision sounds an important cautionary note to directors concerning the potential consequences of engaging in conduct that is improper or defeats the...

Ontario Court of Appeal Denies Leave to Appeal Nortel Allocation Decision

May 04, 2016 - On May 3, 2016, the Court of Appeal for Ontario released its decision (Leave Decision) denying leave to appeal from Justice Newbould’s allocation of the proceeds of sale of the remains of the Nortel Networks group of companies (Allocation Decision). The main points arising from the decision are as...

OSC Releases Written Reasons Why It Rejected an Investor’s Attempt to Block Corus-Shaw Deal – Financial Post, National Post

Apr. 29, 2016 - A Financial Post article regarding the Ontario Securities Commission’s written reasons why it denied Catalyst Capital Group Inc. ’s application to delay a shareholders’ vote on Corus Entertainment’s proposed acquisition of Shaw Media quotes...

The OSC Releases Its Reasons for Decision In the Matter of an Application by The Catalyst Capital Group Inc.

Apr. 26, 2016 - On April 25, 2016, the Ontario Securities Commission released its reasons for decision In the Matter of an Application by The Catalyst Capital Group Inc. As this is the first case in which the Commission has denied standing to a party to commence an application under the “public...

Hafichuk-Walkin v BCE: Manitoba Becomes the Fifth Province to Shut Down Duplicative Class Actions as “Abuse of Process”

Mar. 22, 2016 - On March 14, 2016, the Manitoba Court of Appeal issued its long-awaited decision in Hafichuk-Walkin v BCE, 2016 MBCA 32, joining the increasing number of Canadian appellate courts that have stayed duplicative class actions using the “abuse of process” doctrine. ...

Competition Tribunal Dismisses Refusal to Deal Application Against CarProof, AutoTrader and Kijiji

Jan. 06, 2016 - On January 4, 2016, the Canadian Competition Tribunal publicly released its decision dismissing Audatex Canada ULC’s application for leave to bring a refusal to deal application under the Competition Act against CarProof Corporation, Trader Corporation and Marktplaats BV. Audatex wanted...