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Scott Kugler
Partner, Leader - Class Actions Group (Canada)

Speaks: English

Year of Call: 2001 - Ontario

Primary Office: Toronto

Scott Kugler

Scott Kugler is a partner in Gowling WLG's Toronto office and head of the firm’s Canadian National Class Actions Group. His practice emphasizes complex commercial matters, including class actions (securities and competition law/antitrust), shareholder disputes, claims against directors/officers, broker/dealer disputes (civil and regulatory), product liability cases, franchise disputes, dealer/distributor disputes, and multi-faceted corporate litigation often involving the oppression remedy.

Scott has been successful in obtaining excellent outcomes for his clients through litigation, negotiation, mediation, arbitration, or a combination of them depending on the nature of the dispute and the client’s preferences. He is trusted by his clients to provide clear, timely and practical advice. Scott works closely with clients to ensure that they understand the issues as well as the strategy for achieving the best possible outcome in the circumstances. Many of his clients have retained him on their most important matters.

Scott has considerable experience as a trial and appellate lawyer. He has appeared as counsel in the courts of Ontario (including the Ontario Court of Appeal) and British Columbia as well as the Federal Court. He has also appeared as counsel in proceedings before the Ontario Securities Commission, the Mutual Fund Dealers’ Association, IIROC and the Financial Services Commission of Ontario, and has also appeared as counsel in numerous arbitration tribunals in Canada and the United States. Scott has worked with clients and other counsel in all Canadian provinces, the U.S., Europe, Asia and South America.   

In recognition of his outstanding achievements, Scott was included on Lexpert magazine’s list of Rising Stars: Leading Lawyers under 40 for 2014. He has also been recognized by Lexpert for his expertise in defending claims against directors and officers, as well as by Benchmark Canada and The Best Lawyers in Canada for his expertise in defending class actions.


October2015

Lexpert’s Leading Canadian Lawyers in Global Mining , 2015-2016

September2015

The Best Lawyers in Canada 2016

July2015

Canadian Legal Lexpert Directory 2015

Featured insights & resources

SCC confirms robust leave test in Ontario for securities class actions

Multiple Authors

Article December 1, 2015

Ontario court confirms that proposed secondary market class action claims will be subject to rigorous scrutiny

Max Muñoz, Scott Kugler

Article August 1, 2015

Memberships

Career & Recognition

2015

October 2015

Lexpert’s Leading Canadian Lawyers in Global Mining , 2015-2016

2015

September 2015

The Best Lawyers in Canada 2016

2015

July 2015

Canadian Legal Lexpert Directory 2015

2015

April 2015

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys 2015

2014

December 2014

Lexpert 2014 Rising Stars: Leading Lawyers Under 40

2014

September 2014

The Best Lawyers in Canada 2015

2014

July 2014

Canadian Legal Lexpert Directory 2014

2014

April 2014

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys 2014

2001

2001

Year of Call, Ontario

Osgoode Hall Law School, LLB

University of Toronto, BA in Economics

Scott Kugler
Profile highlights

#
Scott Kugler

Scott Kugler is a partner in Gowling WLG's Toronto office and head of the firm’s Can...

Scott Kugler
Featured insights & resources

SCC confirms robust leave test in Ontario for securities class actions

Multiple Authors

Article December 1, 2015

Memberships

Insights & Resources

SCC confirms robust leave test in Ontario for securities class actions

Multiple Authors

Article December 1, 2015

Ontario court confirms that proposed secondary market class action claims will be subject to rigorous scrutiny

Max Muñoz, Scott Kugler

Article August 1, 2015

Supreme Court rules that the leave test in securities class actions is a “robust deterrent“

Multiple Authors

Article April 1, 2015

Scott Kugler
Profile highlights

#
Scott Kugler

Scott Kugler is a partner in Gowling WLG's Toronto office and head of the firm’s Can...

Insights & Resources

Client Work

GLENTEL sold to Bell in $594 million transaction

Client Work May 1, 2015

Agro-Farma wins Greek yogurt supply management battle in Federal Court

Client Work July 31, 2012
  • Securities:
    • Penn West Class Actions – Defending one of the largest conventional oil and natural gas producers in Canada against shareholder class actions in Ontario, Alberta and Quebec. Shareholders sued the company and its officers and directors for approximately $500 million in losses that they claim to have suffered as a result of a restatement by Penn West of certain historical financial statements.  A settlement has been reached that is subject to various conditions and the receipt of court approval.
    • SNC-Lavalin Class Actions – Defending the former CEO of SNC-Lavalin in class actions in Ontario and Quebec. Investors sued the company and its officers and directors for approximately $1 billion in under secondary market liability legislation. They allege damages caused by misrepresentations in various SNC-Lavalin public documents. The action has been certified as a class action, but with a much narrower scope than the plaintiff’s sought in the Statement of Claim. The defendants have successfully resisted two motions and an appeal by plaintiffs who seek to amend the Statement of Claim.
    • Poseidon Class Actions – Defending Poseidon and its directors and officers against class actions and multiple other actions in which shareholders assert both primary and secondary market claims arising from the company’s announcement that approximately $100 million in revenue was improperly recognized. Class actions were commenced in Alberta, Ontario, Quebec and New York. 
    • Armtec Class Actions – Defended a publicly traded infrastructure company and its directors and officers in class actions commenced in Ontario and Quebec by primary and secondary market investors for approximately $100 million. The plaintiffs alleged that the prospectus and certain public statements contained misrepresentations about the sustainability of the company’s dividend. A settlement was reached through mediation.
    • Atlas Cold Storage Class Action – Defended the CFO of a publicly traded income trust in a class action commenced in Ontario by primary and secondary market investors for approximately $343 million. The plaintiffs alleged that the prospectus, as well as various financial statements and press releases, contained misrepresentations about the finances of the income trust. A settlement was reached through mediation.
    • Portus Class Action – Defended four investment dealers in class actions commenced by investors for an unspecified amount that was expected to be close to $100 million. The plaintiffs alleged that the Portus hedge fund was a sham and that the investment dealers were complicit in the furtherance of the sham. The defendants were successful in striking out most of the claim on a preliminary motion, following which a settlement was reached.
    • YBM Magnex Class Action – Defended the former auditor of YBM Magnex in two class actions commenced by primary and secondary market investors for approximately $360 million. The plaintiffs alleged that YBM Magnex was used to carry out a multi‑layered conspiracy and fraud for several purposes including obtaining improper gains by financial statement misrepresentation and manipulation. The actions were settled by all defendants prior to certification.
    • Disclosure / Insider Trading – Represented a publicly traded company in a regulatory investigation in which the OSC alleged that the company’s disclosure was deficient and that some of its key executives traded while in possession of material undisclosed information. Ultimately, proceedings were not commenced.
    • Insider Trading – Represented the president of a public company in proceedings commenced by the OSC in which it was alleged that he had traded while in possession of material undisclosed information. A settlement was approved by the OSC in a decision that is widely cited as setting out the applicable principles for a settlement approval hearing.
    • Convertible Debenture Pricing – Represented a hedge fund in a dispute with the issuer of convertible debentures concerning the conversion price of the debentures. The court ordered the issuer to pay the conversion price that our client had sought.
    • Broker Negligence – Represented a broker at an established securities dealer in regulatory proceedings relating to allegations that the broker had failed to properly advise certain clients and had entered into private dealings with those clients.  The proceedings were settled.
    • Dealer Liability – Represented a securities dealer in multiple civil proceedings by investors who lost considerable sums of money as a result of investing in an unapproved product that was brought to their attention by some of the dealer’s representatives. These actions were settled.
  • Competition / Anti-Trust:
    • “LCD” Class Actions – Representing a Taiwanese manufacturer of LCDs in class actions commenced in Ontario and B.C. on behalf of direct and indirect purchasers of LCDs. The plaintiffs allege that the defendants participated in a worldwide price-fixing conspiracy in relation to LCDs. The plaintiffs have claimed approximately $150 million in damages. 
    • “SRAM” Class Actions – Representing a U.S. manufacturer of SRAM in class actions commenced in Ontario, Quebec and B.C. on behalf of direct and indirect purchasers of SRAM. Plaintiffs allege that the defendants participated in a worldwide price-fixing conspiracy in relation to SRAM. Plaintiffs have claimed approximately $400 million in damages. In advance of the certification motion, the plaintiffs brought a motion for production by the defendants of unredacted materials in their possession from the parallel U.S. proceeding.  The defendants successfully resisted this motion, as well as a similar motion in the U.S.
    • “Fuel Surcharge” Class Actions – Representing a U.S. airline in class actions commenced in Ontario on behalf of all persons who purchased a ticket for trans-Atlantic or trans-Pacific air travel. The plaintiffs allege that the defendants participated in a worldwide price-fixing conspiracy in relation to fuel surcharges that were applied to airline tickets.  The plaintiffs have claimed approximately $200 million in damages.
    • “Consumer Product Engines” Class Actions – Representing an international manufacturer and distributor of consumer product engines in class actions commenced in Ontario and Quebec on behalf of all persons who purchased engines or products containing the engines. The plaintiffs allege that the manufacturer falsely advertised the attributes of the engines. 
    • “Automotive Cross Border Pricing Disparity” Class Actions – Represented an international automotive manufacturer in a class action commenced in Ontario on behalf of all persons who purchased automobiles in Canada at prices higher than were available in the US. The action was settled resulting in a dismissal of the action against our client.
    • Industry Associations – Provide advice to various industry associations regarding best practices and regarding specific issues that arise in the course of the association’s affairs.
  • Shareholder / Partnership Disputes
    • Private Biotech Company – Representing a private biotech company in a dispute with a group of investors who claim that the company made misrepresentations in its disclosure documents and subscription agreements. The investors also claim that the company’s directors operated the company in an oppressive manner, causing damage to the investors.
    • Private Health Care Company – Represented shareholders of a closely-held private health care company in a dispute with other shareholders who had joined the company as a result of a merger. The unanimous shareholders’ agreement did not contain a buy-sell provision or other contractual mechanism that would allow for the resolution of the shareholder dispute, but we obtained a court order forcing the other shareholders to sell their shares to our clients. The terms of sale were resolved out of court.   
    • Building Supply Company – Defended one of the partners of a partnership in a dispute with its former partner regarding the validity of a buy-sell offer and the conduct of the partners in relation to the buy-sell offer. The former partner applied to the court for an injunction to block the buy-sell offer from closing but we successfully resisted that motion and the transaction was completed. The former partner also asserted a claim for damages, which was dismissed.  Our clients were entirely successful in having the action dismissed.
    • Family-Owned Business – Defended three siblings in a dispute with their brother concerning their respective interests in the family business following the death of their father. The plaintiff asserted claims for breach of fiduciary duty and oppression, all of which were settled.
  • Product Liability
    • Navistar Class Actions – Representing a leading truck manufacturer in class actions commenced in multiple provinces. Plaintiffs allege that certain of Navistar’s older diesel engines that used Advanced EGR (exhaust gas recirculation) technology contained design and manufacturing defects. 
  • Franchise Disputes
    • Disclosure – Defending the franchisor in an established franchise business against the claims of a franchisee relating to alleged deficiencies in the disclosure document. 
    • Disclosure – Represented the first franchisee in a newly established franchise business in a rescission claim against the franchisor relating to alleged deficiencies in the disclosure document. A settlement was achieved.
    • Disclosure / Misrepresentations – Defending an individual who is alleged to be a franchisor’s associate in a claim by a franchisee relating to alleged deficiencies in the disclosure document as well as alleged misrepresentations made prior to entering into the franchise agreement.
    • Real Estate – Represented a franchisor in a dispute with a former franchisee concerning land control over the former franchise location. The court enforced our client’s rights under a land control agreement with the former franchisee and awarded our client control over the property. The decision was upheld by the Court of Appeal.
  • Administrative Law
    • Judicial ReviewRepresented the manufacturer of Chobani Greek yogurt in a high profile dispute regarding a test marketing permit that had been issued by the Minister of International Trade that allowed limited quantities of Chobani to be imported into Canada duty-free. The applicants contended that the import permit was unreasonable because the imports threatened Canada’s supply management system and argued to have the import permit struck down. The court dismissed the applications and ruled that the applicants all lacked standing. 

Scott Kugler
Profile highlights

#
Scott Kugler

Scott Kugler is a partner in Gowling WLG's Toronto office and head of the firm’s Can...

Scott Kugler
Featured insights & resources

SCC confirms robust leave test in Ontario for securities class actions

Multiple Authors

Article December 1, 2015

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