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.

Canadian Women’s National Soccer Team Players’ Association

Advising the Canadian Women's National Team in their high-profile dispute against the national federation, Canada Soccer, for fair treatment and wages.

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.

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.

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.

A long-term shareholder of BlackBerry Limited

Acted for a long-term shareholder in BlackBerry Limited, in engaging with staff of the TSX and OSC regarding requiring shareholder approval of BlackBerry's September 2020 recapitalization. Successful in having BlackBerry provide additional public disclosure and compelling BlackBerry to amend the transaction terms.

Denso Corporation

Acting for Denso Corporation (and related entities) in its defence of dozens of class actions commenced across Canada alleging anti-competitive conduct in respect of the sale of various automotive parts, including contested certification proceedings and with respect to cross-border issues arising out of parallel U.S. class actions.

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.

Canadian Women's National Soccer Team

Advised the Canadian Women's National Team on the formation of a Players' Association and compensation negotiations on behalf of the Canadian Women's National Soccer Team Players' Association.

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.

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.

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.

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.

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.

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

Acted for Potash Corporation of Saskatchewan (now known as Nutrien Ltd.) in proceedings 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. The case was settled shortly before the commencement of a lengthy trial in Saskatoon, on terms satisfactory to Potash Corporation.

Pershing Square Capital Management LP

Acted for Pershing Square Capital Management LP and other institutional investors in Sears Canada Inc. in connection with their successful efforts to oppose Sears Holdings Corporation's efforts to squeeze out the minority shareholders of Sears Canada, including proceedings before the Ontario Securities Commission and the Ontario courts.

International Association of Defense Counsel, IADC Annual Meeting, "Third Party Litigation Funding: The Dark Money Driving High-Stakes Litigation"; Vancouver, BC

July 09, 2024

CanArbWeek 2024, “ArbitralWomen – Experts in Action: A Cross-Exam Demo”; Toronto, ON

June 03, 2024

Interview, Lexpert Special Edition: Infrastructure, “Pricing and complexity driving disputes in infrastructure construction projects”; Web Publication

May 13, 2024 - Read the article.

Ontario Bar Association, “Avoiding Pitfalls in Waiver of Privilege”; Webcast

Mar. 28, 2024

Osgoode Hall Law School Professional Development, The 18th Annual Civil Litigator’s Survival Guide to Evidence, “The Latest on Privilege”; Webcast

Jan. 18, 2024

Law Society of Ontario, Financial Accounting for Litigators 2023, “Current Topics in Professional Ethics Best Practices for Managing Valuation and Litigation Support Mandates”; Toronto, ON

Apr. 04, 2023

Canadian Bar Association, OBA Civil Litigation Lawyers Program, “Avoiding Pitfalls in Common Interest Privilege”; Webcast

Jan. 30, 2023

Ontario Bar Association, OBA Civil Litigation Lawyers Program, “Avoiding Pitfalls in Litigation Privilege”; Webcast

Feb. 15, 2022

Co-chair, Ontario Bar Association, Today’s Advocacy Challenge: Mastering Remote Interactions with the Courts; Toronto, ON

Apr. 21, 2020

In Defence of Transactional Common Interest Privilege

Nov. 22, 2019 - This article was originally published by The Lawyer’s Daily (www. thelawyersdaily.ca), part of LexisNexis Canada Inc. On Oct. 31, 2019, The Lawyer’s Daily published “Transactional common interest privilege: Not over till it’s over,” by Alexander Gay. Commenting on the Federal...

Luis Sarabia and Maureen Littlejohn Speak to Lexpert on Key Business Decisions of 2018

Feb. 21, 2019 - Davies partners Luis Sarabia and Maureen Littlejohn recently shared their insights on notable rulings from the past year in Lexpert’s summary of the top business decisions of 2018. Luis noted that the Supreme Court of Canada’s ruling in Reference re: Pan-Canadian Securities Regulation...

Law Society of Ontario, Twelve Minute Civil Litigator 2018, “Privilege Update”; Toronto, ON

Sept. 18, 2018

Maureen Littlejohn Interviewed in Law Times About Federal Court of Appeal Ruling

Apr. 03, 2018 - In an article published recently in Law Times (available to subscribers), Davies partner Maureen Littlejohn discusses the Federal Court of Appeal’s decision in IGGillis Holdings Inc. v. Minister of National Revenue, which confirmed the legitimacy of transactional “common interest...

Maureen Littlejohn Speaks to the National Post About FCA Ruling Affirming Common Interest Privilege

Mar. 14, 2018 - In an article published on Tuesday in the National Post, Davies partner Maureen Littlejohn spoke about the Federal Court of Appeal’s (FCA’s) ruling last week in IGGillis Holdings Inc. v. The Minister of National Revenue, 2018 FCA 51. The decision confirmed the existence of...

Commercial Certainty Restored: The Federal Court of Appeal Reaffirms the Existence of Transactional Common Interest Privilege

Mar. 13, 2018 - Every day, across Canada, business and tax lawyers rely on the judge-made doctrine of “transactional common interest privilege” to facilitate the due diligence process and to ensure the efficient structuring and negotiation of commercial transactions. This beneficial common law doctrine allows a...

Maureen Littlejohn Quoted in Lexpert about the Supreme Court of Canada’s Rulings on Solicitor-Client and Litigation Privilege

Feb. 08, 2018 - In Lexpert Magazine’s recent article about the top business decisions of 2017, Davies partner Maureen Littlejohn spoke about the cases of Alberta v. University of Calgary, 2016 SCC 52 (Alberta) and Lizotte v. Aviva Insurance, 2016 SCC 53 (Lizotte),...

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...

Federal Court Refuses to Recognize Common Interest Privilege in the Transactional Context

Dec. 23, 2016 - The doctrine of “common interest privilege” ensures that a document or communication that is already protected by solicitor-client or litigation privilege does not lose that protection when it is shared between two parties sharing a “common interest” in either litigation or a...

Supreme Court of Canada Affirms Protections for Privilege in the Face of Statutory Production Demands

Nov. 29, 2016 - On November 25, 2016, the Supreme Court of Canada rendered two decisions confirming that express, clear legislative language is required to compel production of solicitor-client- or litigation-privileged documents, and reaffirming the wide protection afforded these privileges. Alberta...