Meet our litigators in this area

Corporate and Commercial Litigation

BUSINESS - Corporate and Commercial Litigation

Among the firm's many significant cases in this area are the following:

  • We represented the former Prime Minister, the Right Honourable Brian Mulroney, in having an action brought against him in Ontario by Karlheinz Schreiber – based on an alleged oral agreement – dismissed on jurisdictional grounds. Schreiber v. Mulroney (2007), 88 O.R. (3d) 605 (S.C.J.).

  • We acted for the Commissioner of Competition at first instance in The Commissioner of Competition v. Labatt Brewing Co. Ltd., 2007 Comp. Trib. 9. This decision is ranked in the Top Ten Business Cases of 2007 in Canada by Lexpert.

  • We acted as Ontario counsel for WestJet in its litigation (now settled) with Air Canada. See: (1) Air Canada v. WestJet Airlines Ltd. (2006), 81 O.R. (3d) 48 (S.C.J.),. decision ranked as #1 in the Top Ten Business Cases of 2006 in Canada by Lexpert; (2) (2005), 20 C.P.C. (6th) 141; (3) [2005] O.J. No. 2310; and (4) (2004), 72 O.R. (3d) 669.

  • We represented the plaintiff in an action for an accounting and damages in connection with a highly complex corporate "work out" of a business empire involving one of Canada's leading corporate conglomerates.

  • We represented the Canadian Broadcasting Corporation Pension Board of Trustees and other creditors of BCE Development Corporation seeking recovery of $250 million of investments. Canadian Broadcasting Corporation Pension Plan (Trustee of) v. B.F. Realty Holdings Ltd. (2000), 18 C.B.R. (4th) 181 (Ont. C.A.).

  • We represented The Toronto-Dominion Bank in an appeal of an $80 million claim over "comfort" letters provided to it by a foreign corporation. This is the leading case in Canada on the differences between comfort letters and guarantees. Toronto-Dominion Bank v. Leigh Instruments Ltd. (Trustee Of) (1999), 178 D.L.R. (4th) 634 (Ont. C.A).

  • We were retained to act in the Supreme Court of Canada for one of the respondents in Colborne Capital Corp. v. 542775 Alberta Ltd., [1995] 7 W.W.R. 671 (Alta. Q.B.), varied (1999), 228 A.R. 201, 45 B.L.R. (2d) 21 (Alta. C.A.). The case raised issues concerning the scope of the powers of a director of a single shareholder company, the standard of conduct governing competitors for the control of a corporation and, where tortious conduct was found, the appropriate level of damages. (SCC Case No. 27188).

  • We acted for the individual co-owner of a property in establishing a right to prepay under section 18 of the Mortgages Act (Ont.) and section 10 of the Interest Act (Can.) to discharge a long-term closed commercial mortgage. Re Glied and Confederation Life Insurance Company (1996), 30 O.R. (3d) 579 (C.A.).

  • We acted for the estate of Harold E. Ballard in a case involving allegations by a minority shareholder of oppression in a corporation created to effect an estate freeze. 820099 Ontario Inc. v. Harold E. Ballard Ltd. (1991), 3 B.L.R. (2d) 113 (Ont. Div. Ct.).

  • We represented the plaintiff in a lengthy trial and subsequent appeal concerning the ownership of a multi-million dollar gold property in Northern Ontario. The case involved significant issues of breach of contract and fiduciary duties, misrepresentation, and misuse of confidential information. Ontex Resources Ltd. v. Metalore Resources Ltd. (1990), 75 O.R. (2d) 513 (Gen. Div.), appeal allowed in part (1993) 13 O.R. (3d) 229 (C.A.).

  • We established the priority of a public authority's statutory lien over floating charge debentures. Re Standard-Modern Technologies Corp. (1989), 69 O.R. (2d) 737 (H.C.J.), aff'd (1992), 6 O.R. (3d) 161 (C.A.).

  • We acted on the leading case in Canada on the doctrine of non est factum in contract law. Marvco Color Research Ltd. v. Harris, [1982] 2 S.C.R. 774.

  • We acted on one of the leading cases in Canada on the "passing-off" doctrine. Oxford Pendaflex Canada Ltd. v. Korr Marketing Ltd. et al., [1982] 1 S.C.R. 494.