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. She has significant experience in cross-border and multi-jurisdiction class action defence including cartel and antitrust, securities, consumer protection, misleading advertising and product liability matters.  Samantha has particular expertise in civil cartel cases including cases involving finance (foreign exchange, bonds), digital display advertising, computer components (DRAM, ODD), generic drugs, various auto parts, caustic soda, salmon, fragrance, and real estate brokerage commissions.

Samantha regularly acts on securities litigation matters, including disputes involving shareholder and governance issues, contested M&A transactions, proxy and control contests, enforcement, derivative actions and oppression claims. Samantha was appointed to the Ontario Securities Commission – Securities Proceedings Advisory Committee in 2023. She also teaches Securities Litigation at Queen’s University (2020-2024). In 2019, Samantha completed a secondment with the Office of Mergers and Acquisitions at the Ontario Securities Commission.

An experienced litigator, Samantha has appeared before the Supreme Court of Canada, all levels of court in Ontario, all levels of Federal Court, as well as courts in multiple provinces and various regulatory and arbitration tribunals.

Samantha is recognized by Chambers Canada in class action defense, by Benchmark Litigation: Canada as a future star (2023) and litigation star, by Best Lawyers in Canada as one to watch in corporate and commercial litigation, and in Canadian Legal Lexpert Directory as a leading lawyer repeatedly recommended in competition law.



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

  • Successful motion to strike a claim alleging conspiracy to fix real estate brokerage fees (2023 FC 1293).
  • Represented a computer component manufacturer in successfully defeating certification (2021 FC 1185, affirmed 2023 FCA 89, leave to appeal refused 2024 CanLII 543). The case was selected as GCR Litigation of the Year – Cartel Defence.
  • 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), digital display advertising, generic drugs, various auto parts, caustic soda, salmon, fragrance and real estate 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

14th Annual Class Actions Colloquium – Ontario Bar Association

December 1, 2022

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

  • Term Adjunct Lecturer, Securities Litigation, Queen’s University, Winter 2021-2024
  • Guest Lecturer, Securities Regulation, Toronto Metropolitan University, Winter 2024
  • Guest Lecturer, Contested Transactions, Queen’s University, Winter 2019

News


Rankings & Recognition

  • Recognized in the 2024 Lexpert Special Edition on Litigation
  • Recognized by Chambers Canada (2025) as a leading lawyer in the area of Dispute Resolution: Class Action (Defence)
  • Recognized by Best Lawyers in Canada (2025) as “One to Watch” in the areas of Corporate and Commercial Litigation and Securities Law
  • Recognized in the 2024 Benchmark Litigation: Canada Guide
  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Competition Law
  • Recognized by Chambers Canada (2024) as a leading lawyer in the area of Dispute Resolution: Class Action (Defense)
  • Recognized by Best Lawyers in Canada (2024) as a “One to Watch” in the area of Corporate and Commercial Litigation
  • Recognized in the 2023 Benchmark Litigation: Canada Guide as a Future Star
  • Recognized by Best Lawyers in 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
  • Recipient of the W. Whiteside Award, the Torkin Manes LLP Award, the Honourable Walter S. Tarnopolsky Award and the Igor Kaplan Memorial Award

Directorships & Affiliations

  • Officer and National Representative for Canada (Young Lawyers), International Bar Association
  • Member, Securities Proceedings Advisory Committee, Ontario Securities Commission –
  • Member, The Judicial Independence Task Force, The Advocates’ Society,
  • 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 (31 Posts)View More

Featured Insight

The Competition Bureau Goes Property Hunting (in Search of Anticompetitive Leases)

Analyzing the Competition Bureau's preliminary guidelines describing its approach for challenging competitor "property controls" in commercial leases

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Aug 13, 2024
Featured Insight

Changes to the Competition Act: What Merging Parties Need to Know

The Competition Act's amendments to Canada's merger review regime are significant, and merging parties should take note.

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Jul 24, 2024
Featured Insight

Bill C-59’s Expansion of the Competition Act’s Deceptive Marketing Practices: “Greenwashing” and Steering Clear of Environmental Misrepresentation

Guidance on the amendments to the deceptive marketing practices provisions in the Competition Act designed to "crack down" on "greenwashing".

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Jul 8, 2024
Featured Insight

Ready for Change? Bill C-59 Rewrites the Competition Playbook

Bill C-59 has been enacted, introducing significant changes to all aspects of Canada’s competition law regime.

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Jun 21, 2024
Featured Insight

New Era of Foreign Investment Scrutiny Starts in Canada with Passage of Investment Canada Act Amendment Bill

Bill C-34 amends the Investment Canada Act to enhance the government of Canada's national security review powers.

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Mar 27, 2024
Featured Insight

Canada’s New Policies on Investments in the Interactive Digital Media Sector

On March 1, 2024, the Canadian government introduced new policies to increase scrutiny of foreign investments in Canada's Interactive Digital Media sector.

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Mar 6, 2024
Featured Insight

2024 Changes to Canada’s Thresholds for Merger Notification and Investment Canada Act Reviews

Providing updates on the 2024 merger thresholds under Canada's Competition Act and Investment Canada Act.

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Feb 28, 2024
Featured Insight

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

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Dec 28, 2023
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

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Dec 5, 2023
Featured Insight

ESG Class Actions and Other Lawsuits “Sustainable” into 2023

Recent ESG litigation developments in Canada and what we can expect to see in the near future.

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Jun 14, 2023
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
Featured Insight

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 (5 Posts)

Featured Insight

McMillan Successfully Defends Sjór AS Against Price Fixing Accusations

McMillan defended Sjór AS, a supplier of Norwegian seafood, against a complex proposed class action alleging a global price fixing conspiracy with cross-border elements.

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Feb 9, 2024
Featured Insight

McMillan Advises on Alpha Lithium Corporation’s Takeover Bid by Tecpetrol Investments S.L.

On October 22, 2023, Tecpetrol Investments S.L., a member of the Techint Group, acquired control over Alpha Lithium Corporation in an unsolicited takeover bid.

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Dec 19, 2023
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