Alex Zavaglia

Representative Work

• Hep C Class Action - Appeared before all levels of court including the Supreme Court of Canada in a matter involving the proper administration of a pan-Canadian settlement in a billion dollar plus national class action.
• 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. The Poseidon litigation also involves CCAA proceedings and regulatory proceedings.
• Greenstar Class Action – Defending four former officers and directors of Greenstar against a class action in Ontario alleging misrepresentation in its offering documents. A settlement was reached.
• Penn West Class Actions – Defended Penn West Petroleum and a number of current and former directors and officers of the company against multiple shareholder class actions in Canada. A parallel class action was commenced in the United States. Shareholders claimed to have suffered damages as a result of a drop in the stock price that occurred after the company announced, among other things, that it would be restating some of its financial statements. The actions were settled following a mediation attended by parties in all actions, including the U.S. action.
• 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.
• Successfully appealed decision recognizing and enforcing Letters Rogatory issued out of the Southern District of New York. Ontario Court of Appeal allowed appeal which protected Canadian company from having to disclose certain financial information. (Actava TV, Inc. v. Matvil Corp., 2021 ONCA 105).
• Appeared before the Ontario Court of Appeal, and successfully reversed a custodial sentencing decision for an individual charged with breaching Ontario securities laws.