Samantha Gordon Photo
Samantha Gordon Photo
Samantha Gordon Photo

Samantha Gordon is a talented litigation and dispute resolution lawyer with a focus on complex corporate, commercial and securities disputes. Samantha has significant experience in antitrust class action defence, shareholder and governance disputes, M&A litigation, proxy contests, contract disputes and commercial arbitration. She regularly acts on cross-border and multi-jurisdiction class actions, including Canadian civil cartel cases involving finance (foreign exchange, SSA bonds), computer components (DRAM, ODD), generic drugs, auto parts, caustic soda, salmon and brokerage commissions.

An experienced litigator, Samantha represents clients at all levels of court in Ontario. She has appeared before the Supreme Court of Canada, Ontario Court of Appeal, Federal Court of Appeal, Federal Court, Superior Courts in three provinces, Ontario Commercial List, Ontario Securities Commission, and domestic and international arbitration tribunals.

In 2019, Samantha completed a secondment with the Office of Mergers and Acquisitions at the Ontario Securities Commission, where she was involved in the oversight of M&A transactions, a hearing relating to a proxy contest and a number of policy projects.

Samantha is an adjunct lecturer teaching Securities Litigation at Queen’s University, Faculty of Law.  She is the national representative for the International Bar Association (Young Lawyers), and a member of The Advocates’ Society, American Bar Association (Litigation) and the Women’s White Collar Defense Association.



Representative Matters

Corporate, Commercial and Securities

  • Counsel in precedential OSC case on securities process and disclosure in a conflict of interest transaction (2020 ONSEC 6).
  • Represented an intervener before the Supreme Court of Canada in R. v. Comeau, the leading case concerning free trade in Canada under s.121 of the Constitution Act (2018 SCC 15).
  • Represented companies in technology, manufacturing and mining industries in litigation matters and related strategy in hostile proxy / control contests.
  • Represented a European banking client in an appeal before the Ontario Court of Appeal in a complex 12-year, multi-transfer fraudulent conveyance action.
  • Represented an international telecommunications company in defending an interlocutory and permanent injunction based on allegedly misleading advertising statements.
  • Represented a ground lease tenant in successfully responding to a leave to appeal application to the Supreme Court of Canada in a dispute regarding a rent reset provision.
  • Represented a lender in related bankruptcy and receivership proceedings (2017 ONSC 4107).
  • Canadian counsel for SABMiller plc regarding Canadian Competition Bureau clearance of its US $107 billion take-over by Anheuser Busch InBev SA/NV..

Class Actions

  • Represented a computer component manufacturer in successfully defeating certification (2021 FC 1185). The case was selected as GCR Litigation of the Year – Cartel Defence.
  • Successful contested sequencing application in British Columbia (May 2021).
  • Represented an appellant before the Supreme Court of Canada in Pioneer Corp. v. Godfrey, the leading case on certification standards in anti-trust class actions (2019 SCC 42).
  • Counsel on various multijurisdictional civil cartel/conspiracy class action proceedings, including cases involving finance (foreign exchange, SSA bonds), computer components (DRAM, ODD), generic drugs, auto parts, caustic soda, salmon and brokerage commissions.
  • Counsel to numerous cannabis companies on secondary market securities class actions in Canada and as Canadian counsel for parallel US proceedings.
  • Counsel on consumer protection / representation class actions including with respect to pharmaceuticals, credit card overdraft charges, and cocoa supply chains.

Arbitrations

  • Represented a ground lease tenant in a complex rental reset arbitration.
  • Defended a mining company in an international arbitration (LCIA) regarding a claim for a 50% interest in a mining project in Africa arising from an Earn-in agreement.
  • Represented a global telecommunications company in an arbitration dealing with a breach of contract dispute.

Speaking Engagements

Hot Topics in Securities Litigation Tenth Annual Securities Symposium – The Advocates’ Society

September 2020

Shareholder Activism Ninth Annual Securities Symposium – The Advocates' Society

September 2019

Class Actions: Case Law Update and Strategic Implications Canadian Defence Lawyers – Defending Products Claims

February 22, 2017

Teaching Engagements

  • Winter 2021, 2022, 2023 – Term Adjunct Lecturer, Faculty of Law, Queen’s University, Securities Litigation
  • Winter 2019 – Guest Lecturer, Faculty of Law, Queen’s University, Contested Transactions

News


Rankings & Recognition

  • Recognized by Best Lawyersin Canada (2023) as a ‘One to Watch’ in the area of Corporate and Commercial Litigation
  • 2022 Global Competition Review (GCR) Award for Litigation of the Year – Cartel Defence (2021 FC 1185).
  • Recognized byBest Lawyers in Canada (2022) as a ‘One to Watch’ in the area of Corporate and Commercial Litigation
  • W. Whiteside Award, for contribution to the law school, the legal profession and the community at large
  • Torkin Manes LLP Award, for combined academic achievement and service to the community
  • Honourable Walter S. Tarnopolsky Award, for respect for and commitment to equality and human rights, service to the community, civility and generosity of spirit
  • Igor Kaplan Memorial Award, for exemplifying the traditions of the law in scholarship, commitment and integrity

Directorships & Affiliations

  • International Bar Association, National Representative for Canada (Young Lawyers)
  • The Advocates’ Society, Member of The Judicial Independence Task Force
  • Women’s White Collar Defense Association
  • American Bar Association (Litigation)
  • Law Society of Ontario

Education & Admissions

2015
Called to the Ontario bar
2014
JD University of Windsor
2011
BAH Queen's University

Publications

Insights (21 Posts)

Featured Insight

Squeaky “Clean”: Competition Bureau Combats Greenwashing

Competition law developments aimed at addressing "greenwashing" (misleading environmental claims), including increased scrutiny by the Bureau.

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Nov 10, 2022
Featured Insight

My Dog Ate My Opt-Out Form: Extensions to the Opt-Out Period in Class Action Proceedings

Johnson provides novel appellate consideration of the test to grant an extension of a court ordered opt-out period in class proceedings.

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Oct 26, 2022
Featured Insight

Green or Grey: Regulators Target Greenwashing, Misleading Environmental, Social and Governance (ESG) Claims

An overview of risks and best practices for companies in relation to environmental, social and governance (“ESG”) claims and disclosure.

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Oct 19, 2022
Featured Insight

Skating on Thin Ice: Federal Court of Appeal Dismisses Hockey Conspiracy Case, While Adding Uncertainty to Motions to Strike

Federal Court of Appeal confirms an important limitation on the scope of the conspiracy offence, but raises uncertainty about the standard on motions to strike.

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Oct 5, 2022
Featured Insight

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

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Jun 27, 2022
Featured Insight

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

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May 3, 2022
Featured Insight

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

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Nov 10, 2021
Featured Insight

Capital Markets Modernization Taskforce Recommendations – Modernizing Enforcement and Enhancing Investor Protection

McMillan commentary on the Capital Markets Modernization Taskforce's recommendations regarding Enforcement and Enhancing Investor Protection.

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May 12, 2021
Featured Insight

On Second Thought: Ontario Court Dismisses Secondary Market Securities Class Action on Summary Judgment

Part XXIII.1 of Ontario’s Securities Act creates a statutory cause of action for investors who suffer losses in the secondary market.

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Feb 21, 2021
Featured Insight

Bears v. Bulls: Secondary Market Securities Class Actions in Ontario

A high-level overview of secondary market class actions under the Ontario Securities.

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Nov 11, 2020
Featured Insight

Material Changes to Ontario’sClass Proceedings Act – What You Need to Know

Material changes to the Ontario Class Proceedings Act in force October 1, 2020.

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Oct 2, 2020

Class Actions “Zooming” Forward during the COVID Pandemic?

Courts across Canada were quick to respond to the COVID-19 pandemic.  Courts have faced the unenviable challenge of maintaining the rule of law and fair process throughout a global crisis.

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May 25, 2020
Featured Insight

The HBC Privatization: OSC Provides New Guidance For a Special Committee Process and Reconfirms Disclosure Obligations in Conflict of Interest Transactions

Ontario Securities Commission provides new guidance regarding the role and responsibilities of a special committee in a conflicted going private transaction.

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Mar 3, 2020
Featured Insight

Ontario Makes Changes to Court Procedures

Ontario Makes Changes to Court Procedures

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Nov 4, 2019
Featured Insight

New Requirements for CBCA Corporations: June 2019 Amendments

The federal government has passed Bill C-97, which amends the Canada Business Corporations Act (“CBCA”).

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Jul 11, 2019
Featured Insight

Cooperating to Create a National Securities Regulator in Canada

On November 9, 2018, Supreme Court of Canada upheld legislation that supports the creation of a national securities regulator under a cooperative system.

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Nov 14, 2018
Featured Insight

The New Frontier of Jurisdiction: Supreme Court of Canada Upholds Worldwide Injunction Against Google

The New Frontier of Jurisdiction: Supreme Court of Canada Upholds Worldwide Injunction Against Google

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Jun 30, 2017
Featured Insight

Supreme Court of Canada Turns the Other Cheek: Facebook’s “Terms and Conditions” – Forum Selection Clause Unenforceable

Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable

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Jun 29, 2017
Featured Insight

Carrying the Tune: OSC Whistleblower Program Coming Soon

Carrying the Tune: OSC Whistleblower Program Coming Soon

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Feb 24, 2016
Featured Insight

British Columbia Securities Commission Seeks to Limit Exercise of Public Interest Power in the Enforcement Context

British Columbia Securities Commission Seeks to Limit Exercise of Public Interest Power in the Enforcement Context

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May 20, 2015
Featured Insight

Upcoming Changes to Saskatchewan Insurance Legislation

Upcoming Changes to Saskatchewan Insurance Legislation

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Feb 18, 2015

Deals & Cases (3 Posts)

Featured Insight

The Catalyst Capital Group Inc.

McMillan acted as lead counsel to The Catalyst Capital Group Inc. in connection with its successful fight to increase the offer price in the acquisition of Hudson’s Bay Company.

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Feb 19, 2020
Featured Insight

Optical Disk Drives Price Fixing Class Action

In December 2018, McMillan appeared before the Supreme Court of Canada (“SCC”) to appeal the certification decision. The action was certified in British Columbia and upheld by the BC Court of Appeal.

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Sep 1, 2019
Featured Insight

Competition Bureau Clears SABMiller/AB InBev Global Beer Merger

Competition Bureau Clears SABMiller/AB InBev Global Beer Merger

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May 31, 2016