The Canadian bar continues to impress with its depth and breadth of expertise that covers all 31 practice sectors. Canada is an important international market attracting the attention of leading multinational companies and many of the lawyers we recognise in the following chapters are well suited to working on sophisticated regional, national and international matters.
A further indication of the level of expertise possessed by Canadian law firms is their standing in our 2011 international awards. Three Canadian firms feature in our ‘Who’s Who Legal 70’ and Fasken Martineau DuMoulin LLP receives the international award for mining firm of the year 2011. In addition, three lawyers received our international awards this year: Roy Heenan OC for management labour and employment, Michael Bourassa for mining and Daniel Bereskin QC for trademarks.
Canada has proved its resilience over the past few years weathering the global financial crisis well compared with other industrialised countries and its lawyers have been kept remarkably busy. A few factors underpin this: Canada’s financial services industry is fairly highly regulated and banks are not involved in personal subprime lending, and the economy is relatively diverse. Moreover, the independence and caution observed by the banks resulted in them being viewed among the soundest in the world – not a single Canadian bank failed in the crisis.
Despite its strong performance thus far, 2011 has shown that Canada is not immune to economic turmoil beyond its borders. In the second quarter GDP declined 0.1 per cent according to Statistics Canada, largely due to a 2.1 per cent drop in exports, with energy exports down 6.7 per cent. Although recently re-elected Prime Minister Stephen Harper said in an interview with CBC News that the country is still “outperforming the average”, the slowdown has raised concerns over Canada’s dependency on exports and international trade: exports make up one third of GDP and exports to the US make up three-quarters of that. This has left many questioning whether domestic policy will be enough to shelter Canada from the global crisis.
The Canadian economy has retained a strong international presence with 11 companies featuring in the Fortune Global 500, seven of which are based in Toronto, the third largest financial centre in North America. Indeed, the Canadian economy shows it is both adaptable and pragmatic, with the past year seeing the rise of the high yield debt market, previously reserved to the US. This market shows huge potential for growth and lawyers have reported a lot of activity in this area in the past year.
In addition, Canada has a highly developed technology sector, with telecommunication and wireless device company Research in Motion one of the Global 500. Furthermore, it has a remarkably strong services sector that makes up two-thirds of GDP according to government statistics.
Driving Canada’s exports is its abundance of natural resources. Canada sits on the largest pool of oil reserves outside the Middle East and statistics from Industry Canada state that the oil and gas sector accounts for approximately C$80.7 billion in revenue, with the concentration of activity in western and Atlantic Canada. The US Energy Information Administration estimates that Canada has oil reserves to last at least 150 years at the current rate of extraction, placing Canada in a prominent position on the global energy stage.
The importance of energy and trade to the economy has not escaped law firms’ attention and many are praised internationally for their mining and oil and gas practices. Moreover, international firms are beginning to spot the opportunities the country offers for growing their energy and natural resources practices. In June 2011, Norton Rose announced its merger with Ogilvy Renault LLP, marking it as the first truly global firm to enter the Canadian market – a strategic decision for a firm well known for its excellent reputation in power and mining. Further to this, the Norton Rose Group announced plans in October to merge with Calgary-based Macleod Dixon on 1 January 2012. In the wake of this, there has been talk of other international firms looking for merger partners.
This year’s publication has grown in size, to mirror the growth in the legal market with additional lawyers recognised in 19 of the 31 sectors covered. The importance of the environment sector is demonstrated by the 58 lawyers recognised as leading practitioners in the field. The management labour and employment chapter boasts 54 lawyers kept occupied by the country’s strong employment rate. Corresponding to the importance of technology and innovation in Canada, the life sciences, regulatory communications and trademarks chapters have enlarged. The most dramatic rise of any chapter is seen in the real estate chapter - with an increase from 24 to 36 lawyers – a rise to match the sector’s impressive performance.
With international law firms entering the market, competition in Canada looks set to ignite. The “seven sisters” – Canada’s seven leading law firms – will have to prove they can stand out in a crowded marketplace, while being challenged by increasing pricing pressure from clients. Despite this challenge, Canadian law firms look set to hold their own, particularly if we look at their most recent responses to an evolving legal market, which saw many firms take strategic decisions to open their own offices in emerging markets such as Hong Kong to get a piece of the action. On top of this, Canadian firms have fared well in difficult times showing their ability to adapt to changing markets by avoiding too much specialisation and maintaining diverse practices.
On the opposite page we identify the leading 15 firms in the country, whose excellence has earned them the highest number of listings in the practice area chapters that follow.
Commercial arbitration is well established in several sectors as the forum of choice for resolving commercial disputes, both domestic and international. Our research picks out 26 Canada-based experts recognised for their market leading work as arbitrator and counsel.
Aviation has always been a thriving industry in Canada, and this year’s research suggests that this prosperity will continue. Lawyers we spoke to remarked on the increased regulatory measures in the field and the increase in M&A transactions following the end of the global financial crisis. We feature 20 lawyers this year.
Deemed to have one the most efficient and safest banking systems in the world, Canada managed to avoid the worst effects of the global financial crisis. Our research identifies 31 experts in this field who will be instrumental in the continuing robustness of the national market.
The recession has ensured that governments the world over are more finely attuned to fraud, resulting in more aggressive enforcement by authorities, and Canada is no exception. Our sources reported that there has been particular prevalence in tax evasion, with the Canada Revenue Agency coupling more criminal and civil cases. Our research identifies 13 “stand-out” individuals for their work in this sector.
The development of the Canadian high-yield debt market, traditionally an arena solely for the US, has provided an alternative financing option for Canadian companies. So far the deals have focused on re-financing existing debt but there is scope for the market to be used to finance acquisitions with a bank “bridge” backstop. The market proffers exciting new possibilities for Canadian businesses and their respective lawyers. In total, 54 individuals have been selected for their outstanding work.
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.
Our research reveals an impressive array of expertise across the competition law sector, ranging from mergers and acquisitions to cartels and monopolies. We identify 37 exceptional lawyers.
Our research identifies 30 experts who are recognised both nationally and internationally for their work on behalf of owners, contractors, subcontractors and design professionals in the construction industry.
In the face of growing regulation and an increased international focus on governance issues, directors and officers are looking to specialists to advise them on their obligations. The 27 individuals we list here stand out for the calibre of their business advisory practices.
Canada has always been an attractive destination for corporate entities: a strong economy, relatively low unemployment, a favourable tax regime and prosperous resource industries means there is no shortage of companies looking to relocate or open offices in the country. In the past year, new legislation and regulatory additions have made the process fairer and more efficient. Lawyers look forward to increased demand for advice on permanent residency applications and protection of the local labour force. We feature 29 lawyers this year.
With an uptick in the M&A market, transactional-related corporate tax activity saw a corresponding increase. As tax authorities become more aggressive globally, tax litigation is also a busy area. Our research uncovers 54 lawyers who lead the field in Canada for their corporate tax expertise.
Canada’s rigorous environmental regulations have placed a high premium on the advice rendered by leading lawyers in this discipline, and the sophistication of the national environmental bar is attested to by the 58 practitioners we recognise in this chapter – making it one of the largest in the current edition.
Franchise remains a popular platform for businesses and enterprises in Canada, with a trend of franchises emerging in health-care and home-care services. As a result of recent global economic difficulty, disputes have become more common, and litigators in the sector have been assisting franchisors and franchisees in disputes surrounding exit strategies and failing franchises. In this chapter we have selected 22 lawyers for their accomplished services to clients.
Even in one of the world’s healthiest economies, the demand for expert restructuring and bankruptcy counsel is increasing. The number of lawyers meeting our criteria as outstanding experts in the sector has grown by over 10 per cent from the last edition, and 58 practitioners are selected for inclusion as a result of our research
The Canadian government has acted cautiously over the past year, ensuring that reinsurers are properly capitalised and aiming to protect Canada’s financial institutions from similar fates seen in Europe and the US. A new wave of demutualisation looks set to transpire with recent calls for demutualisation regulation for property and casualty insurers. Lawyers are prepared for a busy few years if this regulation comes about. On the contentious side, mandatory mediation has had a marked impact on practice and is proving a successful resolution method. In total, 28 lawyers have been selected for their provision of unparalleled legal services.
A prominent trend this year has been data protection and privacy, which has prompted the Canadian Privacy Commissioner to review the current Personal Information Protection and Electronic Documents Act. Lawyers foresee an increased focus on privacy and corporate strategies to combat internal and external breaches. We feature 22 lawyers in this year’s edition.
With its innovative research and profitable health-care market, Canada is home to the third-largest number of biopharma firms in the world and is a focal point for the life sciences sector. Clients require their lawyers to have a broad range of expertise covering IP, product liability, regulation, litigation and commercial contracts and our research uncovers 35 market leaders in this field.
This sector continues to see a great deal of activity. Some of the issues that lawyers have dealt with are collective class actions, increased human rights cases, employers seeking counsel on corporate restructuring, and collective bargaining over wages and pensions. Our research identifies 54 lawyers who are praised for their industry knowledge and understanding of clients’ needs.
According to a report by PricewaterhouseCoopers, the second quarter of 2011 saw 836 Canadian M&A announcements, worth close to a total of $57 billion: the strongest deal quarter in Canada since the credit crisis. Our research identifies 38 individuals with a proven track record in M&A work who will play a major role in the continued prosperity of the market.
A crucial segment of the country’s economy, the Canadian mining bar is one of the most sophisticated in the world. An impressive 45 lawyers are identified as experts in this chapter, an increase of four listings since our previous edition.
Canada is the world’s third largest producer of natural gas and Alberta has proven oil reserves of 171.3 billion barrels, which make up the third-largest proven crude oil reserve in the world. Growing demand from Asia for these products and has kept Canadian oil and gas lawyers particularly busy. We list 32 experts in the field.
Canada’s highly sophisticated fast moving IP law marketplace is home to some internationally renowned lawyers and firms. We recognise 32 of the country’s leading patent lawyers in the following pages.
Despite America’s difficult economic situation, Canada continues to enjoy a buoyant private funds market, with confidence in venture capital and minimal involvement from the government. Lawyers describe how firms have been reinforcing their capital, funds and securities expertise via lateral hires, junior level expansion and the creation of new practice groups. This year we feature 12 lawyers, a 30 per cent rise on the previous edition, which reflects the increase in the practice area.
Our research picks out 17 practitioners from across Canada who are recognised nationally and beyond for their expertise in relation to product liability related claims across a range of industries.
The project finance chapter features 18 lawyers, up from 15 last year. Our research reveals an upswing in projects, increasingly financed through public-private partnerships (PPP), and in the natural resources industry.
Canada has seen a host of new public procurement guidelines and regulations come into effect in recent years and is rapidly developing into one of the most sophisticated jurisdictions for this type of work worldwide. We find 34 lawyers who are leading the field as the market continues to develop.
Largely avoiding the impact of the global financial crisis, Canadian real estate remains a relatively stable sector. Our research identifies 36 outstanding individuals who lead the field in this marketplace.
The Canadian communications sector has undergone significant changes in the past few years, with the transition to digital TV, which occurred on 31 August 2011 and vertical integration of broadcasters and programmers. Our sources indicate that the next 12 months will consist of consolidation work, teasing out problems with new regulations and rules. To date the rules on foreign investment are still being debated. The 16 lawyers selected in this chapter are highlighted for their unparalleled abilities in this space.
The Canadian shipping industry is one of the world’s busiest, with the energy industry in particular driving high levels of activity and regulatory, insurance and environmental issues all high on the agenda. Our research identifies 32 outstanding practitioners recognised for the calibre of their practice in this sector.
Negotiations with the EU toward a Comprehensive Economic and Trade Agreement have taken priority in the government’s international trade agenda, with a conclusion to be reached by 2012. The agreement will remove barriers to trade between Canada and the EU, which will encourage more foreign companies into the country and in turn increase the amount of legal work in this sector. Furthermore, our research indicates that anti-dumping cases are prevalent and customs work is increasing as enforcement agencies become more aggressive, a phenomenon that is often the trend in more difficult economic times. In total, 28 lawyers are listed for their outstanding counsel.
In this sector we uncover 34 leading lawyers with proven expertise in all trademark matters from registering and licensing trademarks to enforcement proceedings and litigation.
Bennett Jones LLP was founded in 1922 under the name Bennett Hannah & Sanford in Calgary. Its list of illustrious alumni includes Supreme Court justices, ambassadors and a former prime minister. Since its inception the firm has grown to house over 300 lawyers across four Canadian offices. It also boasts three international offices and is the only Canadian law firm officially licensed to practise law in the United Arab Emirates.
With over 150 years of experience providing business organisations with legal counsel, Blake Cassels & Graydon LLP has established an impressive reputation in Canada and internationally. The firm has offices in Montréal, Ottawa, Toronto, Calgary, and Vancouver, as well as the US, the UK, the Middle East and China, and is well equipped to advise top-tier global clients in all their legal needs. The firm gains a staggering 86 listings across 23 practice areas, the highest number of listings in this edition and emerges as our Canadian law firm of the year 2011. The firm’s strongest showings are in the fields of capital markets, corporate governance, M&A, oil & gas and real estate.
Borden Ladner Gervais LLP is home to over 750 lawyers across six offices. We list 48 practitioners covering an impressive 24 practice areas, demonstrating the depth and breadth of talent on board.
Excellence and ambition are core principles at Davies Ward Phillips & Vineberg LLP: it was the first Canadian law firm to open an office in Europe and in Beijing and the first Canadian firm in New York to practise US law. Our research reveals that these principles are no less important now than they were at the firm’s inception. Davies Ward Phillips & Vineberg has retained its enviable international client base and in the past year alone has represented such global corporations as Barrick Gold, Baosteel Resources and Credit Suisse Securities AG. The firm’s lawyers continue to excel: in this edition 34 practitioners earn a total of 40 listings across an impressive 14 practice areas.
With offices in Canada, Europe and South Africa and an international staff of almost 700 lawyers, Fasken Martineau DuMoulin LLP is one of the most highly respected and accomplished firms in the current edition. Fasken lawyers appear 42 times across 20 of the following chapters, and put in particularly strong performances in the mining, insolvency and environment sections.
One of Canada’s oldest law firms, Fraser Milner Casgrain LLP began life in 1839 in Toronto. The firm merged in 2000 to become Fraser Milner Casgrain LLP and now has over 500 lawyers in offices in Montreal, Ottawa, Toronto, Edmonton, Calgary and Vancouver. The firm is committed to providing clients with high quality, innovative solutions and the success of this strategy is demonstrated by our research: the firm receives 24 listings across 14 chapters and has particularly strong showings in the insolvency and restructuring, mining and oil and gas chapters.
Goodmans LLP was founded in 1917 by David B Goodman. Today the firm has offices in Toronto and Vancouver and over 200 lawyers. Its notable clients include Apax Partners, Whiterock REIT and Canaccord Financial and it has 26 listings in 12 of the following chapters.
Gowling Lafleur Henderson LLP was established in 1887 and quickly became known for its pre-eminence in intellectual property. Today the firm has over 750 lawyers and its reputation has extended to all of Canada’s leading industries, making the firm one of Canada’s largest. Our research affirms Gowlings’ prominent status in Canada, identifying 35 lawyers across 13 practice sectors.
Heenan Blaikie LLP was founded in 1973 and today it employs over 550 lawyers in offices throughout Canada, Europe and Asia. As the size of the firm has grown so has its reputation and we list 24 lawyers across 10 sectors, with the firm fielding the largest contingent of lawyers in the management labour and employment chapter.
McCarthy Tétrault LLP is one of Canada’s largest and oldest full service firms. Established in 1855, the firm has grown into a 600-strong practice with six international offices. It is particularly outstanding in the real estate, M&A, capital markets, commercial litigation, competition and corporate tax chapters. With 71 lawyers listed in 24 practice areas, the firm is recognised for the breadth of its legal expertise and established merit.
Founded in 1903, McMillan LLP has a long-standing reputation for advising foreign companies looking to enter the Canadian market. With its five offices across Canada and one in Hong Kong, the firm is well positioned to advise international clients and in particular it is known for its commitment to serving American businesses. We list 26 lawyers from four offices in Canada in 12 of the following chapters. The firm has particularly strong showings in mining and competition.
Following its ground-breaking merger with Ogilvy Renault LLP and South Africa’s Deneys Reitz earlier in the year, Norton Rose, under the name Norton Rose OR LLP, has become a major player in Canada and is home to some of the country’s finest legal talent. Lawyers from the firm appear 43 times across 19 of the following chapters, with life sciences and management labour and employment emerging as particularly strong areas, listing six and five representatives from the firm respectively.
With a history that dates back to 1862, Osler Hoskin & Harcourt LLP is now home to almost 500 lawyers with offices in Toronto, Calgary, Montreal, Ottawa and New York. We list a total of 50 lawyers across 20 practice areas and the firm exhibits particular strength in its corporate, finance and tax departments.
Stikeman Elliott LLP has developed an impressive reputation as a leading corporate finance set. The strength of its expertise is exhibited by its 64 listings across 21 chapters in this year’s edition. We feature lawyers from their Toronto, Ottawa, Calgary, Vancouver and Montreal offices.
With offices in Toronto, Calgary and New York, Torys LLP is a leading North American law firm. This year it provides an impressive 34 lawyers across 18 practice areas for our publication.
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.
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