Areas of Concentration
- Business Litigation | Oppression
- Class Action Defence
- Commercial Litigation
- Contract Disputes
- Construction Litigation
- Cross-Border Litigation
- Debt Recovery
- Enforcement of Foreign Judgments
- Enforcement of Judgments
- Finance Litigation
- Injunctions and Mandatory Orders
- Insurance Litigation
- International Commercial Arbitration
- Securities Litigation
- Removing a Director | Replacing a Director
June 28th, 2018
- Gilbertson Davis LLP Assists Client in Recognizing a Foreign Injunction in Ontario
June 25th, 2018
- Forum Non Conveniens Win Proves To Be A Pyrrhic Victory In Paniccia v. MDC Partners Inc.
June 16th, 2018
- The Divisional Court Reconfirms That Leave To Appeal Is Required When A Class Action Is Certified Against Some But Not All Defendants (LBP Holdings Ltd. v. Hycroft Gold Corp.)
June 10th, 2018
- The Paradox of Cross-Border Securities Cases – Pretium Resources Inc.
June 3rd, 2018
- The Corporate Separateness Doctrine and the Enforcement of Foreign Judgments (Yaiguaje v. Chevron Corporation)
May 4th, 2018
- Shareholder Derivative Lawsuit Against General Motors Arising Out Of The Faulty Ignition Switch Recall Dismissed by U.S. Federal Court
May 3rd, 2018
- The Divisional Court Confirms That Class Action Case Management Judges Have Broad Discretion To Curb The Use Of Foreign Subpoenas Used By Plaintiffs To Obtain Evidence Pre-Certification.
April 21st, 2018
- The Court of Appeal for Ontario finds that the “multiple misrepresentations” provision contained in section 138.3(6) of the Securities Act was enacted to benefit public companies, not investors.
April 15th, 2018
- “Like a forest fire in this era of climate change, costs in class proceedings have gotten out of control” – The Honourable Justice Perell.
March 18th, 2018
- Court Reconfirms that the Securities Act Applies Extra-Territorially to Securities Traded on Foreign Stock Exchanges.
January 25th, 2018
- Worldwide Asset Freezing Orders Can Be Obtained In Ontario Against Defendants With No Assets In The Province.
December 17, 2017
- Perrelli v. The Corporation of the Town of Richmond Hill, 2017 ONSC 6062. Successful motion for summary judgment to quash a municipal by-law on the basis of illegality and bad
- Wong v. Pretium Resources, 2017 ONSC 3361. Successfully represented the proposed representative plaintiff on a motion for leave to proceed under Part XXIII.1 of the Securities Act, R.S.O. 1990, c.5.
- Gerard v. Detour Gold Corporation, 2017 ONSC 2547. Motion for certification under the Class ProceedingsAct,1992,O.1992,c.6forsettlementpurposesresultingintherecoveryof$6millionfor investors in Detour Gold Corporation`s commonstock.
- WrightDetourGoldCorporation,2016ONSC6807.Motionfortheproductionofthedraftsofan expert’s report following an admission on cross-examination that he was not itsauthor.
- LBP Holdings Ltd. v. Allied Nevada Gold Corp., 2016 ONSC 6037 (Div. Ct.). Defeated a motion for leave to appeal a lower court judgment adding two investment banks to a proposed securities class
- LBP Holdings Ltd. v. Allied Nevada Gold Corp., 2016 ONSC 5326 (Div. Ct.). Successful in striking out a reply factum filed in the Divisional Court on the basis that it failed to comply with Rule03.1(11).
- MaskSilvercorpMetalsInc.,2016ONCA641.Co-counselfortheappellantonanappealfromthedenial of leave to proceed under Part XXIII.1 of the Securities Act, R.S.O. 1990, c.S.5.
- Kaynes v. BP, P.L.C., 2016 ONCA 601. Successfully represented the moving party in a motion before a panelofthe CourtofAppealtosetasideaforumnonconveniensstayonthebasisofcircumstancesarising after the stay was initially granted.
- LBP Holdings Ltd. v. Allied Nevada Gold Corp., 2016 ONSC 1629. Successful motion to add two investment banks to a securities class action following the reporting issuer filing for protection under Chapter 11 of the U.S. Bankruptcy Code. Defeated a cross-motion to strike out two expert reports on the basis of alleged
- Mask v. Silvercorp Metals Inc., 2015 ONSC 7780. Successful in reducing a costs award by$392k.
- Mask v. Silvercorp Metals Inc., 2015 ONSC 5348. Represented the proposed representative plaintiff on a motion for leave to proceed under Part XXIII.1 of the Securities Act, R.S.O. 1990, c. S.5, andcertification under the Class Proceedings Act, 1992, S.O. 1992, c.
- Mask v. Silvercorp Metals Inc., 2014 ONSC 7381 (Div. Ct.). Defeated a motion for leave to appeal to the Divisional Court on the grounds of mootness.
- Mask v. Silvercorp Metals Inc., 2014 ONSC 5727. Successful motion for the production of the drafts of a “hybrid” witness’ affidavits on the basis that litigation privilege had been
- Kaynes v. BP plc, 2014 ONCA 580; 122 O.R. (3d) 162. Represented the respondent on an appeal to the Court of Appeal concerning jurisdiction simpliciterand forum non conveniens in a proposed global securities class action involving the 2010 Horizon Deepwater oil
- Mask v. Silvercorp Metals Inc., 2014 ONSC 4647 (Div. Ct.). Represented the moving party on a motion for leave to appeal to the Divisional
- Mask v. Silvercorp Metals Inc., 2014 ONSC 4161; 121 O.R. (3d) 705. Represented the moving party on a production motion to obtain documents referred to in affidavits tendered by a
- Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2013 ONSC 4901 (Div.). Represented the moving party on a motion for leave to appeal to the DivisionalCourt.
- Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2013 ONSC 4846. Decisionon costs.
- Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2013 ONSC 3271. Represented therespondentona motionbyaproposedrepresentativeplaintiffforleaveto maintain a securities class action commenced in violation of the registration requirements of the Limited Partnerships Act, R.S.O. 1990, c. L.16.
- Rousseau v. Scotia Mortgage Corp., 2013 ONSC 677. Successfully defended a prominent personal injury lawyer against a personal costs award under Rule07.
- Orr v. Magna Entertainment Corp.,  O.J. No. 5818 (C.A.). Drafted the responding materials and assisted in responding to the appeal of a trial judgment that turned on the contractual interpretation of the severance provisions contained in an executive employment
- Mask v. Silvercorp Metals Inc. et al (September 22, 2014, Ct. File No. CV-13-480848-00CP. Successfully defeated a motion to strike out affidavit evidence in advance of a substantive hearing on the basis that the rule against case spitting did not apply to motions for leave to proceed under Part XXIII.1 of the Securities Act, R.S.O. 1990, c.5.
- Wilson-Myers et al v. Jason Flear et al (September 29, 2011, Ct. File No. 70940/04). Successful motion for production of collateral insurance files on the eve of
- 1588444 Ontario Ltd. dba Alfredo’s et al v. State Farm Fire and Casualty Company (September 20 and October 20, 2011). Motion to stay a corporation’s action in an insurance coverage dispute on the grounds that the sole individual director and shareholder of the corporate plaintiff declared bankruptcy after the cause of action arose. Second motion to vary a previous order on whether the plaintiffs had to re-attend examinations for discovery.
- Heartworks Communications Inc. v. The Dalton Company Ltd. et al, (August 15, 2011, Ct. File No. CV-09- 371054). Co-counsel for the responding party on a complex summary judgment motion that turned on the impact of a release signed by the insured on the insurer’s subrogated claim in the context of a construction negligence case.
- Vandenbergh et al v. State Farm Fire & Casualty Company (August 9, 2011, Ct. File No. CV-08- 00367571). Motion to prohibit one plaintiff from attending the other’s examination for discovery and for a further and better affidavit of documents in an insurance coverage dispute involving
- Crawford Funeral Services Ltd. v. Sparks (July 5, 2010, Ct. File No. CV-09-382244). Successful motion for judgment in this subrogated fire loss
- Myers et al v. Rolfe (July 5, 2011, Ct. File No. 06-CV-306047PD3). Motion to dismiss a minor’s case for delay.
- Griffith v. Knox (June 22, 2011, Ct. File No. CV-09-387526). Successful motion to compel answers to undertakings and a further and better affidavit of
- Latta et al v. State Farm Insurance et al (April 14, 2011, Ct. File No. SC-11-00071620). Successfully had an application before the Small Claims Court dismissed on the basis that the court lacked jurisdiction to hear applications or grant the specific equitable relief
- Staffiere v. Bajaj et al (October 5, 2010, Ct. File No. CV-08-092419-00). Motion to strike out a responding affidavit and for summary judgment on the bases that the moving party was not
- Hoosein v. Gopalakrishnan et al. (November 18, 2010, Ct. File No. 63365/09). Successful motion to add the guardian of an underage motorist as a defendant to an action, pursuant to s. 10(2) of the Parental Responsibility Act, S.O. 2000, c. 4, on the basis of negligent parental
- Khan v. Vrana (September 17, 2010, Ct. File No. CV-09-0541-00). Successful motion for a further and better affidavit of documents and disclosure of business records in an occupier’s liability
- LaCalamita v. McCarthy Tétrault LLP (April 23, 2009, Ct. File No. 08-CV-352778PD1). Drafted factum for successful motion for the production of partnership documentation in this wrongful dismissal andsexual discrimination
- Ramdass v. Jairam et al,  CCJ 6 (AJ). Prepared a bench memorandum for a land dispute appeal originating out of Guyana before the Caribbean Court of Justice pursuant to its appellate jurisdiction.This case turned on whether equitable interests in land are recognized under Guyanese law due to that country’s unique history of bijuralism of English common law and Roman-Dutch civil law.