Our PracticeOur litigation group has developed a strong reputation in business-related litigation. With approximately 40 litigation counsel located in our Toronto and Montréal offices, the group focuses on complex high-stakes litigation involving significant business disputes of virtually every description.
The group has the significant advantage of being able to draw on Davies’ recognized strengths in competition, corporate, securities, tax and other areas of the law. Our practice includes but is not limited to:
- securities litigation
- competition litigation
- class actions
- tax litigation
- professional liability and discipline cases
- constitutional litigation
- libel and slander litigation
- director and officer liability claims
- insolvency litigation
- trust, tort and contract disputes and other disputes arising out of commercial transactions and relationships
Our litigators have extensive trial and appellate experience at all levels of courts across the country, including trial and appeal courts in a number of Provinces, the Federal Court Trial Division and Court of Appeal and the Supreme Court of Canada.
Our lawyers also regularly appear as counsel before administrative and regulatory tribunals as well as in private forums involving arbitrations, mediations and other forms of alternate dispute resolution. Furthermore, our litigators are experienced in dealing with cross-border and multi-jurisdictional disputes and in working closely with litigation counsel retained by our clients to act in other jurisdictions.
Recent Work
Davies' litigation counsel have been involved in many of Canada's most important cases, including:
- Successfully represented BCE Inc. and Bell Canada before the Supreme Court of Canada in respect of its $52 billion leveraged buyout (LBO) by a consortium led by Teachers' Private Capital. The transaction, the largest LBO transaction ever, had been challenged by certain debentureholders of Bell Canada;
- Acted for Barrick Gold Corporation in its successful US$10.4 billion takeover bid for Placer Dome Inc. to form the world's largest gold mining company. Davies also acted for Barrick Gold Corporation with respect to the $1.6 billion disposition of Placer Dome's Canadian mining assets and an interest in a foreign development project to Goldcorp Inc.;
- Successfully represented Concordia University in the Bisaillon v. Concordia University case before the Supreme Court of Canada;
- Counsel for the Ontario Lottery and Gaming Corporation in various actions, including in an action brought by the First Nations in Ontario regarding entitlement to revenues generated by Casino Rama;
- Acted as counsel to US funds managers Pershing Square Capital Management L.P., Knott Partners Management, LLC and Hawkeye Capital Management, LLC in connection with active shareholder opposition to the takeover of Sears Canada Inc. by Sears Holdings Corp.;
- Appeared before the Yukon Superior Court and Court of Appeal on behalf of Scion Capital in contested arrangement and oppression proceedings concerning the takeover of Bolivar Gold by Gold Fields Ltd.;
- Successfully represented Pacifica Papers in one of the leading Canadian contested plan of arrangement and oppression remedy cases;
- MI Developments defeated Greenlight Capital Inc. in the Ontario Superior Court of Justice. In 2005, Greenlight filed a controversial application claiming that MI founder Frank Stronach and a special committee of directors were oppressing shareholders. The appellants sought a court order preventing MI from lending further support to Magna Entertainment Corp. On October 30, 2006, Mr. Justice John Ground dismissed the application;
- Competition Tribunal ruled in favour of Canada Pipe Co. Ltd. in an abuse of dominance case. Davies represented Canada Pipe;
- Successfully represented Rogers Communications in an injunction proceeding brought by Telus concerning claims of misleading advertising;
- Successfully represented Oakwell Engineering in the Ontario Superior Court and Ontario Court of Appeal in respect of its claim to enforce a commercial judgment of the Singapore High Court;
- Successfully challenged before the Federal Court (Trial Division) and the Federal Court of Appeal, the validity of the registration of a $60million arbitral award against the State Property Fund of Ukraine;
- Representing the Beaverbrook Foundation, a registered UK charity, in a public arbitration with the Beaverbrook Art Gallery concerning ownership of an art collection worth over $50 million;
- Representing the Ontario Lottery and Gaming Corporation in a number of actions brought by problem gamblers for their losses, including a class action claiming $3.5 billion;
- Successfully represented Cinar Corporation regarding the issuance of a Mareva injunction and other asset protection proceedings;
- Successfully represented Pharmascience in its defense of a multi-billion dollar class action filed against eight generic drug manufacturers for the reimbursement of alleged rebates paid to pharmacists and a challenge to new provisions of the Code of Civil Procedure relating to the authorization of class actions on the basis of the Québec Charter of Human Rights and Freedoms;
- Representing Pioneer Metals Corporation (a wholly-owned subsidiary of Barrick Gold Corporation) in connection with a dispute over a multi-billion dollar mining project at Galore Creek, one of the largest undeveloped copper-gold-silver projects in North America;
- Acting for Catalyst Fund in connection with the restructuring of Cable Satisfaction International Inc. under the Companies' Creditors Arrangement Act and the sale of principal subsidiary Cabovisão Televisão Por Cabo, S.A. to Cogeco Inc.; and
- Acting for Hollinger Inc. in connection with receivership and Companies' Creditors Arrangement Act proceedings offered by The Ravelston Corporation Limited and proceedings against former officers of Hollinger.
RecognitionA number of members of our litigation group are recognized by various ratings agencies as leading counsel in Canada. These include the
Canadian Legal LEXPERT Directory, Chambers Global’s
Guide to the World’s Leading Lawyers for Business, The Best Lawyers in Canada and the LEXPERT/American Lawyer Media
Guide to the Leading 500 Lawyers in Canada. Our litigation groups in Montréal and Toronto are recognized in the 2008
Canadian Legal LEXPERT Directory as leaders in Canadian commercial litigation, tax litigation, insolvency litigation, class actions and arbitration and dispute resolution.