Nadia is a litigation associate at WeirFoulds LLP, one of Canada's oldest law firms. She is part of a team that handles a wide variety of matters, with a particular emphasis on multi-jurisdictional litigation involving complex corporate and commercial disputes in various jurisdictions including the Eastern Caribbean, Central America and the US.

Nadia recently obtained her Legal Education Certificate from Hugh Wooding Law School in Trinidad, the designation which is required to be called to the bar in most of the common law jurisdictions in the Caribbean and Central America. While at Hugh Wooding Law School, Nadia also completed a placement with the appellate judges at the Caribbean Court of Justice, an international court with exclusive jurisdiction in respect to the Revised Treaty of Chaguaramas, and which is the appellate court of last resort for Barbados, Belize and Guyana.

Nadia has a keen interest in Constitutional litigation and is spearheading WeirFoulds' pro bono human rights litigation initiative in the Caribbean which contemplates Constitutional challenges to current legislation offending fundamental rights in international law.

Nadia Chiesa practises in the firm's litigation group, with a focus on commercial litigation and multi-jurisdictional disputes.

Nadia is a litigation associate at WeirFoulds LLP, one of Canada's oldest law firms. She is part of a team that handles a wide variety of matters, with a particular emphasis on multi-jurisdictional litigation involving complex corporate and commercial disputes in various jurisdictions including the Eastern Caribbean, Central America and the US.

Nadia recently obtained her Legal Education Certificate from Hugh Wooding Law School in Trinidad, the designation which is required to be called to the bar in most of the common law jurisdictions in the Caribbean and Central America. While at Hugh Wooding Law School, Nadia also completed a placement with the appellate judges at the Caribbean Court of Justice, an international court with exclusive jurisdiction in respect to the Revised Treaty of Chaguaramas, and which is the appellate court of last resort for Barbados, Belize and Guyana.

Nadia has a keen interest in Constitutional litigation and is spearheading WeirFoulds' pro bono human rights litigation initiative in the Caribbean which contemplates Constitutional challenges to current legislation offending fundamental rights in international law.

Notable Mandates

Represented the minority shareholder of a Nevis LLC with respect to a claim for relief from unfair prejudice in hard-fought litigation in Nevis and the Commercial Division of the Eastern Caribbean Supreme Court in BVI, and in contemporaneous related actions in Belize and the US.

Acted for the Israeli protector and UK-based trustee of a Nevis international trust in an action alleging misappropriation of trust funds, breach of fiduciary duty and professional misconduct. After successfully challenging several procedural applications by the claimant, and obtaining an order for security for costs, the action was recently dismissed by the Court of Appeal.

Successfully defeated an application to the Judicial Committee of the Privy Council for permission to appeal from a decision of the Court of Appeal for the Eastern Caribbean Supreme Court, bringing to an end almost twenty years of litigation before the courts in Canada and the Eastern Caribbean involving a dispute over valuable property in the Caribbean and clarifying the law on the registration and enforcement of foreign judgments.

Acted as counsel to a client in an Eastern Caribbean country charged under laws criminalizing private consensual sexual activity between adult men. After commencing an application challenging the constitutionality of the laws, the criminal charges were withdrawn.

Represented a government employee in an Eastern Caribbean country facing disciplinary charges arising out of a failure to accommodate her Constitutional right to freedom of conscience, thought and religion, and following various hearings, was instrumental in obtaining an accommodation for the employee from her employer.

Advised the majority shareholder of one of the largest privately held corporations in the Caribbean with respect to corporate governance issues arising from a government financial intervention.

Acted for a minority shareholder of a closely-held corporation in a claim in arbitration for oppression under the Ontario Business Corporations Act and wrongful dismissal.

Retained as counsel to a Canadian-based company in a claim against a Barbados corporation for breach of contract. Successfully revived the defendant company which had been improperly dissolved. The action is ongoing.

Defended the majority shareholder of a closely-held corporation against a claim for oppression under the Ontario Business Corporations Act.

Retained to defend an Ontario corporation and its directors in an oppression and breach of fiduciary duty claim by a minority shareholder.

Advised a group of homeowners who entered into partnership contracts (mortgages) to finance their homes that complied with Shariah law with respect to their rights when the mortgage provider went into receivership.

Reported Cases

McFlow Capital Corp. v. James, 2017 ONSC 1049

McFlow Capital Corp. v. Leon B. Carter and Stewart Title Guaranty Company, 2016 ONSC 2325 (http://canlii.ca/t/gpr6w)

James Bay Resources Ltd. v. Mak Mera Nigeria Ltd. (2016), 128 O.R. (3d) 198 (Ont. C.A.) (http://canlii.ca/t/gm3dv)

James Bay Resources Limited v. Mak Mera Nigeria Limited, 2015 ONCA 781 (http://canlii.ca/t/gm3dv)

James Bay Resources Limited v. Mak Mera Nigeria Limited, 2015 ONSC 1538 (http://canlii.ca/t/ggm9p)

MacDonald v. Glasford, 2014 ONSC 2448 (http://canlii.ca/t/g6kqf)

Publications

"Back to Basics: A Refresher on the Fundamentals of Contractual Interpretation", WeirFoulds LLP, September 2017

"Quiz: Litigating in the Caribbean", Canadian Lawyer Magazine, November 2015 (with Frank Walwyn)

"Spilling secrets: The end of confidentiality in offshore financial centres", WeirFoulds LLP, December 2013

"Case Law Update: Quebec (Attorney General) v Canada (Human Resources and Social Development)", WeirFoulds Litigation Update, December 2011

"Case Law Update: R v Côté", WeirFoulds LLP Litigation Update, November 2011

"Case Law Update: Rondel v Robinson Estate", WeirFoulds LLP Litigation Update, September 2011

External Publications

"The Ethics of Dealing with Experts in Civil and Commercial Litigation: Part 1", with Prem Lobo, Jambar Journal (published by the Jamaican Bar Association), Vol. 30 No. 1

"Expedited Justice – How Modernizing Arbitration Legislation and Utilizing International Arbitrations Can Expedite the Resolution of Commercial Disputes in the Caribbean", presentation to the University of the West Indies's 14th Annual Caribbean Commercial Law Workshop, Jamaica, 23-25 August 2015 (with Prem Lobo)

"How Rule of Law Can Help Foster Economic Growth in the CARICOM", presentation to the University of the West Indies's 13th Annual Caribbean Commercial Law Workshop, Miami, Florida, August 2014 (with Frank E. Walwyn)

"A port in the storm: The availability of protection for minority shareholders in the Commonwealth Caribbean", paper presented to the Jamaican Bar Association's Continuing Legal Education Seminar, Jamaica, November 2013

"Electronic Discovery in the Caribbean: Practical Considerations", paper presented to the Jamaican Bar Association's Continuing Legal Education Weekend Seminar, Jamaica, November 2012 (with Frank E. Walwyn)

"The Availability of an Unfair Prejudice Remedy in Common Law in the Caribbean for Minority Shareholders - Fact or Fiction?", paper presented to the OECS Bar Association 9th Regional Law Fair, St. Vincent & the Grenadines, September 2012 (wth Frank E. Walwyn)

Speaking Engagements

Panelist, "Anti-Money Laundering, Anti-Bribery & Anti-Corruption", Jamaican Bar Association's Annual Weekend Conference, Jamaican Bar Association, Montego Bay, Jamaica, November 16-19, 2017

Co-Presenter, "Practical Considerations for Lawyers Involved in or Managing Multi-Jurisdictional Litigation", Canadian Bar Association, April 18, 2017

Presenter, "Crisis Management: How to Utilize the Bankruptcy and Insolvency Act", WeirFoulds, St. Michael, Barbados, March 17, 2017

Presenter, "Shareholder Disputes: A Practical Guide to the Proving of Damages", Jamaican Bar Association's Annual Weekend Conference, Jamaican Bar Association, Montego Bay, Jamaica, November 18-20, 2016

Facilitator, Jamaica's Insolvency Act & Other Developments in Insolvency Law: 2016 Workshop, Jamaican Bar Association, Jamaica, July 23, 2016

Presenter, "When Corporate Governance Breaks Down – Putting Available Remedies into Practice" and "Recent Developments in Canadian Company Law", The Association of Caribbean Corporate Counsel (ACCC) and WeirFoulds LLP: An Insolvency and Company Law Seminar for Corporate Counsel, Trinidad, April 7-8, 2016

Presenter, "Expedited Justice – How Modernizing Arbitration Legislation and Utilizing International Arbitrations Can Expedite the Resolution of Commercial Disputes in the Caribbean", University of the West Indies's 14th Annual Caribbean Commercial Law Workshop, Jamaica, August 23-25, 2015

Presenter, "Recent Developments in Canadian Company Law: What Caribbean Companies Need to Look Out For", 2nd Annual Caribbean Corporate Counsel Summit 2014, Association of Caribbean Corporate Counsel, Miami, November 6-7, 2014

Presenter, "A port in the storm: The availability of protection for minority shareholders in the Commonwealth Caribbean", Jamaican Bar Association's Continuing Legal Education Seminar, Jamaican Bar Association, Jamaica, November 15-17, 2013

Presenter, "Electronic Discovery – Practical Considerations", Jamaican Bar Association's Continuing Legal Education Seminar, Jamaican Bar Association, Jamaica, November 10-11, 2012

Speaker, "The Availability of an Unfair Prejudice Remedy in Common Law in the Caribbean for Minority Shareholders - Fact or Fiction?", Organisation of Eastern Caribbean States (OECS) Law Fair and Bar Council Meeting, St. Vincent and the Grenadines, September 14-16, 2012

Speaker, "Legal Hold Orders: Strategies and Solutions for your Organization 2012", Information Management, Access and Privacy Symposium (IMAPS 2012), Toronto, May 23-24, 2012

Presenter, "The Board's Role in Technology Investment Oversight: A Discussion", 7th Annual Board Risk Management Seminar, Federated Press, April 17, 2012

Speaker, "Multi-Jurisdictional Litigation: Some Lessons Learned", The International Law Section of the State Bar of Michigan Council Meeting and Program, Detroit, Michigan, January 25, 2012

Affiliations

Ontario Bar Association

Canadian Bar Association

The Advocates' Society

Association of Caribbean Corporate Counsel

Community Involvement

Alumni Mentor, Osgoode Hall Law School's Osgoode Mentor Programme

Associate

Toronto
Direct 416.947.5084
Fax 416.365.1876
nchiesa@weirfoulds.com

Practice Areas

Litigation

International Law

Anti-Corruption, Anti-Money Laundering & Regulatory Compliance

Called to the Bar

Ontario (2011)

St. Kitts and Nevis

British Virgin Islands

Education
Osgoode Hall Law School
J.D. 2010

Hugh Wooding Law School, Trinidad
Legal Education
Certificate 2014

Ryerson University
Bach. of Journalism 2006
(Hons.)

Languages
  • French
  • Spanish (conversational)
Affiliations

Ontario Bar Association

Canadian Bar Association

The Advocates' Society

Association of Caribbean Corporate Counsel

Community Involvement
Alumni Mentor, Osgoode Hall Law School's Osgoode Mentor Programme

Called to the Bar

Ontario (2011)

St. Kitts and Nevis

British Virgin Islands

Education

Osgoode Hall Law School
J.D. 2010

Hugh Wooding Law School, Trinidad
Legal Education
Certificate 2014

Ryerson University
Bach. of Journalism 2006
(Hons.)

Languages

  • French
  • Spanish (conversational)