- Represented several former officers of Sino-Forest Corporation before the Ontario Securities Commission in one of Canada’s largest ever securities fraud proceedings, spanning 180 hearing days and relating to $3 billion in Canadian-raised capital;
- Successfully obtained and executed the first reported Anton Piller Order (Civil Search and Seizure) on cryptocurrency in Canada, and argued Canada’s first case, and one of the world’s first cases, considering attacks against smart contracts (on a blockchain) and user interactions on decentralized finance (DeFi) trading platforms;
- Defended against injunctive relief seeking the tracing, custody, valuation and disposition of millions of dollars in cryptocurrency, including submissions on the nature of the digital asset and its risk of dissipation;
- Defending a seller from US $60 million in breach of representation and fraud claims arising from a US $560 million share sale of an aerospace manufacturing company;
- Litigating claims totaling US $125 million for breach of contract, breach of privacy/confidentiality and conspiracy, arising from a lease termination in one of the largest cinema projects in the Middle East;
- Represented a large merchant bank in prosecuting a $30 million set of claims for fraud and conspiracy arising from a failed international wood processing joint venture;
- Prosecuted and succeeded at trial on a complex 12-year, multi-transfer fraudulent conveyance action seeking repayment on behalf of a European banking client and other creditors on debt totaling $15 million;
- Defended a land development company and its officers from $15 million in claims of fraud and oppression;
- Represented an international telecommunications company in defending a misleading advertising claim, which involved questions on the sufficiency of disclaimer language used on scrolling Internet pages;
- Represented an international insurer against a $20 million claim in a failed merger transaction;
- Represented a commercial restaurant tenant in obtaining a precedent-setting trial decision enforcing an oral lease and an oral option to purchase land against a landlord;
- Represented numerous national banking and retail clients in claims against landlords seeking to enforce restrictive covenants (including injunctive relief), recover operating cost payments and obtain rent abatements;
- Represented numerous landlords and commercial tenants in real estate and leasing disputes (including trials), involving remedies of specific performance, injunctive relief, damages, distress, bailment and relief from forfeiture;
- Defended numerous consumer electronics and household products manufacturers, wholesalers, retailers and distributors from breach of contract, occupier liability and product liability claims;
- Defended numerous franchisors and distributors from various claims, including claims: seeking rescission remedies for late or allegedly deficient disclosure; alleging failure to disclose material facts; alleging misrepresentations in the disclosure document or in the statement of material change; and for alleging breach of the obligation of fair dealing;
- Defended an internet advertising company and a large international insurer against oppression remedy and employment law claims brought by former managers and executives;
Representative Superior Court and Appellate Court Decisions
- Cicada 137 LLC v. Medjedovic, (2022) ONSC 369 (CanLII) – Successfully obtained an Anton Piller Order (Civil Search and Seizure) over tens of millions in cryptocurrency assets, arguing issues including: the nature of digital assets for property seizures; how the law should interpret flash loans and smart contracts on a blockchain in decentralized finance (DeFi) trading platforms; and countering the defence of “Code is Law”.
- Noranco v MidOcean Partners III, (2019) ONSC 1173 (Ont. S.C.J.) — Successfully obtained an indemnification order for the advance payment of a defendant officer’s legal expenses, within a broader fraud proceeding.
- Fady Samaha v. Yamashita Rubber Co. et al, 2019 ONSC 3192 and Ewert v Denso Corporation, (2017) BCSC 973 (BCSC) — Defence counsel in settlement approval hearings for a national auto parts class action alleging price fixing.
- Samuels v Attorney General (Canada), 2016 ONSC 7937 – Successfully stayed and defended a civil fraud proceeding against a large telecommunications company, pending the outcome of criminal proceedings against the plaintiff, and upheld ruling on appeal.
- Bell Canada v. Cogeco Cable Canada, (2016) ONSC 6044 (Ont. S.C.J.) – Defended interlocutory and permanent injunctions on allegedly misleading advertising statements for a telecommunications client, and dealt with questions on the sufficiency of disclaimer language within Internet advertisements.
- Bayerische Landesbank Girozentrale v. Rosen Ridge Farms Ltd., et. al., (2015) ONSC 27 (Ont. S.C.J.) – Successfully obtained a trial decision in a complex fraudulent conveyance action, overturning a sham trust agreement and unwinding a series of real property transfers.
- Rehman International Ltd. v. Royal Bank of Canada, (2013) CarswellOnt 9203 (Ont. S.C.J.) – Successfully opposed an action seeking to realize upon fraudulent instruments, and succeeded in prosecuting the bank’s counterclaim at trial and in piercing the corporate veil.
- Thorne v. AXA Canada Inc. et. al., (2012) ONSC 2409 (Ont. S.C.J.) – Successfully opposed a Divisional Court appeal seeking the right to examine the President and CEO of a large defendant insurer.
- Lechuga 1 Ltd. v. Lettuce Eatery Development Inc., (2011) CarswellOnt 8213 (Ont. S.C.J.) – Opposed an application brought by three franchisees under the Arthur Wishart Act (Franchise Disclosure) claiming rights of rescission for allegedly deficient disclosure and successfully obtained an order converting the application into an action.
- Sigrist v. McLean, (2011) CarswellOnt 14424 (Ont. S.C.J.) – Successfully obtained a trial decision enforcing an oral lease and an oral option to purchase a commercial property, overturning an illegal distress and obtaining an award of damages, including punitive damages.
- Batkov v. Starwood Industries Global Corp., (2010) CarswellOnt 10090 (Ont. S.C.J. Div. Crt.) – Successfully opposed a Divisional Court appeal and upheld an order granting an administrative dismissal of a $15 million action brought against a banking client, upholding a multi-million dollar share purchase transaction.
- Sincies Chiementin S.p.A. (Trustee of) v. King (2010) CarswellOnt 8996 (Ont. S.C.J.) – Defended an action and a summary judgment motion seeking to enforce a foreign judgment in Ontario on grounds of jurisdiction, natural justice and public policy.
- R.S.W.H. Vegetable Farmers Inc. and 1427868 Ontario Ltd. v. Bayerische Landesbank Girozentrale and Ontario Peninsula Farms Ltd., 2010 CanLII 69207 (S.C.C.) – Successfully opposed an application for leave to appeal to the Supreme Court of Canada with respect to a proceeding under the Farm Debt Mediation Act, which sought to render null and void the enforcement of a registered bank charge.
- Strassle Informationssysteme Holding GmbH (Trustee of) v. Sieber, (2010) ONCA 604 (CanLII) (Ont. C.A.) – Successfully defended a challenge to an Ontario Judgment enforcing a foreign banking client’s award in Europe, and successfully opposed the subsequent appeal in the Court of Appeal for Ontario.
- Bayerische Landesbank Gironzentrale v. Sieber, 2008 CanLII 28753 (ON S.C.) – Successfully set aside an earlier dismissal of a complex fraudulent conveyance claim.