Rachel McMillan

Representative Work

• Lender-Auditor Class Action – Represented syndicate of lenders in action against auditors of borrower for auditor’s negligence and misrepresentation.  Succeeded on appeal in dismissing auditor’s summary judgment motion.  Action settled resulting in one of the largest settlement awards approved by the court in an auditor’s negligence case.
• BSE Class Action – Representing class of cattle farmers in an action against the federal government. The action arose from the impact on Canadian cattle farmers of Bovine Spongiform Encephalopathy and the federal government’s response to it. The matter proceeded to a 55-day virtual, hybrid trial.
• Dispute re Issuance of Convertible Debt to Related Parties – Defended a leading water treatment company and its directors and officers. Minority shareholders claimed that a convertible debt issuance was oppressive and breached statutory requirements applicable to non-arms' length transactions. The claim was settled on the eve of trial.
• Shareholder Dispute – Defended multiple shareholders of a leading real estate and development company in a shareholder dispute involving the oppression remedy.
• Dispute re Private Placement – Defending a company and its directors in a dispute related to a private placement equity raise. Investors allege fraudulent misrepresentation, conversion, breach of contract, unjust enrichment, breach of fiduciary duties, and breach of Securities Act (Ontario) requirements.
• Large-scale Infrastructure Dispute – Represented contractor in schedule delay, schedule disruption, negligence, and errors and omissions dispute relating to a light rail transit project.
• Shipbuilding Dispute – Representing contractor in shipbuilding contract and shipyard dispute regarding schedule delay, contract administration, negligence, and errors and omissions.
• Gold Mining Project – Represented owner/operator on gold mining project regarding contract administration, risk management and mitigation, negligence, and errors and omissions.