Nadia Chiesa

Acted in a constitutional challenge to the eligibility of the Leader of the Opposition in St. Kitts and Nevis to continue to hold his seat in government. The case involved the interpretation of a provision found in the Constitutions of most common law Caribbean countries, and resulted in the first reported decision on that question.

Litigated the discharge of extra-territorial freeze orders registered in the Eastern Caribbean pursuant to anti-money laundering legislation and advised on Mutual Legal Assistance Treaty (MLAT) enforcement, and treaty rights and obligations in these areas.

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 After commencing an application challenging the constitutionality of the laws, the criminal charges were withdrawn.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.