Morgan Stanley Capital Group Inc.

Acting for Morgan Stanley in class action proceedings in Québec and in Ontario taken against it and other banks and financial institutions, alleging the manipulation of the market for precious metals.

Valport Maritime Services Inc.

Successfully defended Valport Maritime Services Inc. and its president against accusations by indictment under Part II of the Canadian Labour Code which resulted in a definitive stay of the criminal prosecution against our clients by way of nolle prosequi.

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.

Creditors

Acted for several creditors in applications to enforce in Canada arbitration awards and judgments rendered against the Republic of Iraq.

ING Bank NC

Acted for ING Bank NC against the Republic of Zimbabwe for the enforcement in Canada of a foreign judgment relating to a default under various loan facilities.

Kerry Logistics (Canada) Inc.

Acted for Kerry Logistics (Canada) Inc., an international freight forwarder and logistics services provider, in the restructuring under the Bankruptcy and Insolvency Act of its customer, Stokes Inc., a tableware and kitchenware retailer with 147 retail locations across Canada.

Confidential Client

Acting for an institution with worldwide activities in its opposition to a request made by a foreign state to Canada by virtue of the Mutual Legal Assistance Treaty and the Mutual Legal Assistance in Criminal Matters Act. This matter is important because it involves a large and cross-border fraud investigation that is under international public scrutiny.

Wärtsilä Canada Inc.

Acted for Wärtsilä Canada Inc., a Finnish based engineering firm, before the Supreme Court of Canada in connection with a product liability litigation which turned on the application of the Civil Code of Québec to a claim governed by Canadian maritime law.

Moose International Inc.

Acted for Moose International Inc. in the sale of the Moose Knuckles business to a consortium of investors led by Cathay Capital.

Honeywell International Inc.

Representing Honeywell International Inc. against an action in damages claiming approximately $14 million in damages, brought by Bombardier Inc. and Short Brothers PLC.

Honeywell International Inc.

Representing Honeywell International Inc. against Bombardier Inc. in the context of a $450-million claim in relation to various contracts for the supply by Honeywell of aircraft propulsion units for Bombardier's Challenger 300, Challenger 350 and CSeries programs.

Sistem Muhendislik Insaat Sanayi Ve Ticaret Anonim Sirketi

Acted for Sistem Muhendislik Insaat Sanayi Ve Ticaret Anonim Sirketi, a Turkish construction company, in its application before the Superior Court of Justice in Ontario for the recognition and enforcement of an arbitration award rendered against the Kyrgyz Republic in a case of illegal expropriation of an hotel it owned and operated in Bishkek, capital city of Kyrgyzstan.

Cominar Real Estate Investment Trust

Acting for Cominar Real Estate Investment Trust  in an injunctive matter involving Librairie Raffin and Librairie Renaud-Bray in connection with the leasing of commercial premises.

MSG Lac Mirabel s.e.c., Morgan Stanley Real Estate Fund (MSREF) IV Mirabel Trust and others

Acted for MSG Lac Mirabel s.e.c., Morgan Stanley Real Estate Fund (MSREF) IV Mirabel Trust and others in defence of a $55-million lawsuit with respect to an alleged agreement for the purchase and sale of a 7.2-million square foot site in Mirabel, Québec, on which a large shopping centre and residential project are now underway.

First Capital Realty

Acted for First Capital Realty, a shopping centre developer, in connection with the contestation of one of its tenant's proceeding as he was seeking to avoid cancellation of his lease to allow centre to be redeveloped.

Linpac Group Holdings, Ltd.

Acted for a leading packaging manufacturer in connection with a damage claim for product liability.

El Paso Corporation

Acted for Parachem and El Paso Energy Corp. in the case of a $2-million action and a counterclaim in the amount of $25 million in regard to a chemical spill.

Canadian Forum Investments Inc.

Acted for the current owners of the Pepsi Forum, Canadian Forum Investments Inc., who sued Pepsi for the recovery of unpaid sponsorship fees for an amount of $5 million.

Cormark Securities Inc.

Acted for a broker that was sued for the recovery of damages in the amount of $1.5 million for libel and slander consisting of statements made in a reporting letter.

Confidential Client

Acted for a global provider of information technology services in disputes arising out of servicing agreements.

Honeywell International Inc.

Acted for Honeywell International Inc. in its defence of a class action alleging a price-fixing conspiracy in respect of the manufacture and sale of after-market automobile oil filters.

Retail Decisions Inc.

Acted for Retail Decisions Inc., a leading provider of credit card transaction processing services, in a significant dispute under a processing agreement.

State Property Fund of Ukraine

Acted for the State Property Fund of Ukraine in a dispute based on a joint-venture agreement for the modernization of an oil refinery.

State Property Fund of Ukraine

Acted for the State Property Fund of Ukraine on the successful challenge before the Federal Court (Trial Division) and the Federal Court of Appeal of the validity of the registration of a $60 million arbitral award against the State Property Fund of Ukraine. The Federal Court of Appeal's ruling secured the release of an Aircraft Antonov AN124-100 that had been impounded in Goose Bay, Newfoundland.

Nesbitt Burns Inc.

Acted for Nesbitt Burns Inc. in defending a class action claiming damages for alleged market time trading in Guardian Group of Funds Ltd. mutual funds.

Ivaco Inc.

Acted for Canadian steel giant Ivaco Inc., and several Ivaco subsidiaries, in Companies' Creditors Arrangement Act proceedings commenced in September of 2003, including the sale to The Heico Companies, L.L.C., a U.S.-based holding company, of the assets of the Ivaco companies for $375 million.

Noranda Inc.

Acted for Noranda Inc. in an action before the Superior Court of Québec against the Société générale de Financement for the recovery of amounts owed in connection with the closure of the Magnola magnesium plant in Danville, Québec.

National Wildlife Federation

Acted for the National Wildlife Federation in litigation before the Superior Court of Québec arising out of the financing and production of IMAX format wildlife films.

Global Television Network Inc.

Acted for Global Television Network Inc. in an action instituted against it arising out of an alleged copyright violation in respect of the POPSTARS television show.

Information Management Network (IMN), Third Annual International Litigation Finance Forum, “Litigation Funding and Litigation Insurance: Can They Work Together?”; London, UK

Oct. 23, 2024

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Aug. 29, 2024 - Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and ensure that they report claims to their insurer in a timely manner. As a...

Information Management Network, International Litigation Finance Forum, “Enforcements and International Arbitration”; London, U.K.

Oct. 18, 2022

Québec Court Refuses to Certify Class Action for Recovery of COVID-Related Business Interruption Losses

Sept. 30, 2021 - The Québec Superior Court has refused to certify a class action proceeding seeking the recovery of business interruption losses related to the COVID-19 pandemic. This decision, in Centre de santé dentaire Gendron Delisle inc. v La Personnelle, assurances generales inc., is among the...

ADR Institute of Canada, CanArb Week 2020, “Enforcement of Arbitral Awards”; Webinar

Sept. 24, 2020

COVID-19 Insurance Related Considerations - Business Interruption Coverage Update

Apr. 03, 2020 - In an article posted to our website on March 18, 2020, we discussed the potential for the recovery of property and business interruption losses arising from the COVID-19 epidemic. Our advice then was that while the pandemic would likely be considered a fortuity, it was uncertain whether, in the...

COVID-19: Insurance Claims Considerations

Mar. 18, 2020 - The COVID-19 outbreak is a challenge for all. We are here to assist in this rapidly developing situation. The following provides an overview of insurance claims considerations relating to the COVID-19 outbreak.   Potential Exposures  The COVID-19 outbreak is disrupting global...

Country Perspective: Canada, co-author

Dec. 16, 2019 - Perspectives in Practice of the UNIDROIT Principles 2016: Views of the IBA Working Group on the Practice of the UNIDROIT Principles 2016 (International Bar Association)
Read the article.

George Pollack and Michael Lubetsky Reflect on Landmark Maritime Law Ruling in Canadian Lawyer and Lawyer’s Daily

Dec. 11, 2019 - Following the Supreme Court of Canada’s ruling in Desgagnés Transport Inc. v Wärtsilä Canada Inc., George Pollack and Michael Lubetsky, who represented the respondent defendants along with Joseph-Anaël Lemieux, spoke to Canadian Lawyer and The Lawyer’s Daily to share...

Desgagnés Transport v Wärtsilä Canada: Canadian Maritime Law Enters Uncharted Waters

Dec. 04, 2019 - The Supreme Court of Canada has plotted a new course for Canadian maritime law in Desgagnés Transport v Wärtsilä Canada, 2019 SCC 58. Distinguishing over 30 years of precedent, the Court held that provincial legislation that regulates private law matters (such as the Civil Code of...

Juris Conferences, “Enforcement of Arbitral Awards–Current Legal Challenges in Enforcement”; Amsterdam, NED

Sept. 21, 2018

George Pollack Quoted in The Lawyer’s Daily About Québec Court of Appeal Decision

Oct. 17, 2017 - Davies partner George J. Pollack was quoted in The Lawyer’s Daily regarding a case he successfully argued on behalf of Wärtsilä Canada Inc. before the Québec Court of Appeal. The Court of Appeal held that the trial judge in a dispute between Wärtsilä and Transport Desgagnés Inc. (TDI)...

Canadian Corporate Counsel Association, “Arbitration–Myths & Realities”; Montréal, QC

Jan. 31, 2013