Acted for Rothmans, Benson & Hedges Inc. (“RBH”) in all its tobacco product litigation across Canada. In Ontario, successfully defeated certification in one proposed class action and had another dismissed before certification was even argued and is part of the team defending other product liability litigation across Canada, including claims initiated by provincial governments.
Class Action / Alleged Misrepresentation – Obtained a settlement (subject to court approval) in litigation on behalf of a publicly traded infrastructure company in class actions commenced in Ontario and Quebec by primary and secondary market investors. The plaintiffs alleged that the prospectus and certain public statements contained misrepresentations about the sustainability of the company’s dividend.
Class Action / Alleged Misrepresentation – Defending the former president of a public corporation in a class action alleging improper disclosure in reporting documentation.
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. 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.
“YBM Magnex” Class Action – Defended the former auditor of YBM Magnex in two class actions commenced by primary and secondary market investors. 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.
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.
Disclosure / Insider Trading – Represented publicly traded companies in various regulatory investigations in which the OSC alleged that the company’s disclosure was deficient and/or that some of its key executives traded while in possession of material undisclosed information or their conduct was not in the public interest. Ultimately, proceedings were not commenced.
Acted for RBH on a number of constitutional matters governing freedom of expression, the Rule of Law and provincial/federal divisions of powers, all of which were decided by the Supreme Court of Canada.
Provided advice on constitutional matters to government organizations.
Regularly acts pro bono for a charitable religious organization.
Acts pro bono for a number of years on behalf of students with ADHD or autism in their dealings with the education system.