Canada: Commercial Litigation
Despite the rise in alternative forms of dispute resolution, the litigation marketplace is still very active and lucrative in Canada. Lawyers expect more cross-border disputes and transactions as financial markets regain buoyancy and clients confidently pursue new ventures both inside and outside the country. This year we feature 44 leading litigators.
McCarthy Tétrault LLP fields five lawyers in this chapter. Paul Steep received numerous votes for his active trial practice. He has appeared before courts in Ontario and the Supreme Court of Canada. He has acted in notable cases, including Re Canadian Imperial Bank of Commerce and CIBC World Markets Inc and Silver v Imax Corporation. In Toronto, Neil Finkelstein has advised state and federal governments on constitutional reform concerning litigation and disputes and is “one of the top” in his field. Alongside him, Thomas Heintzman OC QC acts as an international ambassador for the firm: he has over 30 years experience as a litigator and has acted as lead counsel in some of Canada’s biggest cases. In Montreal Gérald Tremblay QC advises on litigation primarily in the commercial, environmental, constitutional and administrative areas and is a “doyen” of the field. Paul Morrison concentrates on complex class action suits in securities, competition, insolvency and professional liability law. He has represented Degussa AG, BCE Inc and Toronto Dominion Bank, among other clients.
At Stikeman Elliott LLP in Toronto, Peter Howard is highly regarded by many lawyers in and outside Canada for his securities, class actions, commercial contracts and joint venture litigation practice. He is joined by John Judge who represents clients from a range of industries. His experience includes litigating in corporate law, banking, insolvency, insurance and real estate claims. David Byers is the head of the litigation practice group and co-chair of the national litigation practice and the Toronto insolvency practice. Sources describe him as “business savvy” and “the go-to guy”. In Montreal, Michel Décary QC has a “respected” practice, often acting on behalf of state entities in commercial and administrative matters.
Co-founders of Lenczner Slaght Royce Smith Griffin LLP, Alan Lenczner QC and Ronald Slaght QC are two of Canada’s leading and most recognisable litigators, signified by the numerous votes they both received in this year’s research. They are joined by “one of the best”, Peter Griffin, an insolvency and professional liability litigator.
Borden Ladner Gervais LLP features four practitioners in this chapter. Guy Pratte is the chair of the firm’s national council and has represented Pharmacie Jean Coutu, JTI Macdonald and Mercer. Frank Foran QC focuses on corporate, commercial and energy litigation. David Scott QC is joint chair of the firm and is highly active in Ottawa litigation circles and is a “dean” of civil and commercial disputes. In Montreal, Robert Charbonneau is a class action litigation “expert” with over 18 years of experience in this field.
At Bennett Jones LLP in Toronto, John Rook QC practises as a litigator in the competition field and has built a “sought after” reputation in Canada and abroad for work in cross-border disputes. Jeffrey Leon LSM received a large number of international votes from peers and is well known as co-chair of the firm’s litigation practice where he works in a range of industries.
At Lax O’Sullivan Scott LLP, Clifford Lax QC, Terence O’Sullivan and Charles Scott are the three founding partners of the firm, and are all highly regarded. Lax enjoys a practice as a civil litigator and has experience in securities, insolvency and environment litigation. As well as acting as a litigator in commercial disputes, O’Sullivan also arbitrates and mediates in substantial matters, as does Scott.
Managing partner of Paliare Roland Rosenberg Rothstein LLP, Linda Rothstein is considered “first tier” for her litigation practice and experience, and class action, defamation and employment law counsel Chris Paliare “is extremely good at what he does”.
Goodmans LLP features two lawyers: the “top tier” Benjamin Zarnett, who focusses on financial disputes before the Supreme and Federal Courts of Canada and Onatario Securities Commission, and the “always recommended” white collar crime lawyer, John Keefe.
At Torys LLP, Sheila Block is “very highly regarded” by her peers and receives many votes for her highly reputed civil commercial practice, as does James C Tory, a “specialist” in shareholder and boardroom related disputes.
At the Toronto office of Norton Rose OR LLP, James Hodgson is a leading lawyer in shareholder, securities, construction and professional liability disputes, and Pierre Bienvenu is the global practice leader of the international arbitration team and is “well known” for his disputes practice in Montreal.
The head of the litigation department, Kent Thomson represents Davies Ward Phillips & Vineberg LLP in this chapter. He delivers “high quality work” in securities, tort, competition, tax and defamation litigation.
At Fasken Martineau DuMoulin LLP, John Morin QC is a “very good counsel”, particularly on international trade disputes. Fraser Milner Casgrain LLP boasts John Lorn McDougall QC, a renowned international and class action litigator and arbitrator.
Securities litigator David Roebuck from Heenan Blaikie LLP is a “definite yes” for inclusion, as is Earl Cherniak QC from Lerners LLP who specialises in commercial disputes, class actions and D&O liability.
“Senior statesman” William Berardino QC of Hunter Litigation Chambers actively represents clients before the Supreme Court of British Colombia and Federal Court of Canada.
John Marshall QC focuses on litigation within the resource sector and acts on litigation, regulatory and arbitration matters at Macleod Dixon LLP. In Calgary, Roderick McLennan QC practices at McLennan Ross LLP and has extensive experience in civil litigation at all levels of the Canadian court system. Markus Koehnen at McMillan LLP has a “well run practice” with a particular interest in shareholder litigation.
Nathanson Schachter & Thompson LLP is represented by Irwin Nathanson QC who earns recognition for his notable reputation and “brilliant” practice. He has over 40 years’ experience acting on professional liability, internal company and pension disputes.
Larry Lowenstein at Osler Hoskin & Harcourt LLP enjoys a broad litigation practice, and has acted for companies such as Suncor Energy, KPMG LLP and Inco.
At Thornton Grout Finnigan LLP, Michael Barrack is “my go-to guy” according to one contributor. He has litigated at every level of the Canadian court system, and has acted for TransCanada Energy, OMERS and the TSX.
At WeirFoulds LLP, Bryan Finlay QC is the head of the firm’s litigation practice and a senior litigator, experienced in presenting matters before all levels of courts in Canada. He broadly focuses on commercial, constitutional and public law issues. He is “talented”.
William Horton of his own firm, William G Horton Professional Corporation, primarily practices in dispute resolution with an emphasis on arbitration and litigation. He operates as an all round disputes specialist, advising on complex individual, company and institutional conflicts.
In Montreal, James Woods of Woods LLP is a “tactical litigator” with a wealth of knowledge. He is “knowledgeable” on civil procedure, cross-border issues between Canada and the US and class action suits.