Representative Matters
Representing BDO Canada in its capacity as the court-appointed receiver of 908593 Ontario Limited, operating as Eagle Travel Plaza, et al., in an insolvency proceeding commenced by the Canadian Imperial Bank of Commerce.
Counsel to Facebook, Inc. with respect to certain commercial litigation matters involving defamation, internet intermediary liability, intellectual property, data protection and freedom of expression issues.
Counsel to the court-appointed receiver of Astoria Organic Matters Ltd. and Astoria Organic Matters Canada LP (“Astoria”) in successfully defending efforts by the purchaser of Astoria’s assets to seek leave to sue the receiver.
Counsel to the beneficiary of an option to purchase the deceased’s company in an application seeking directions regarding the terms upon which the option may be exercised.
Counsel to the senior secured creditor of A-1 Asphalt Maintenance Ltd. in an appeal addressing whether funds subject to Construction Lien Act statutory trusts may be excluded from distribution to creditors in an insolvency proceeding.
Representing The Superintendent of Financial Services with respect to its successful application to appoint a trustee over Building & Development Mortgages Canada Inc., the lead broker for Fortress Real Developments, under the Mortgage Brokerages, Lenders and Administrators Act, 2006.
Represented a former director of a major retailer in CCAA proceedings in responding to claims against directors by creditors.
Counsel to a retailer who purchased the debtor’s interest in certain leases out of a Bankruptcy and Insolvency Act proposal proceeding related to Aeropostale Canada Corp. in seeking a judicial determination of the scope of rights that may be assigned in such circumstances.
Counsel to a municipality in opposing an injunction brought by Hogan Pharmacy Partners Ltd., a former service provider, to compel the municipality to reinstate the service provider’s contract with the municipality pending arbitration.
Counsel to a landlord with respect to concurrent receivership and Construction Lien Act proceedings involving Arc Productions Limited.
Counsel to the senior secured creditor in the receivership proceedings involving 1299746 Ontario Inc. o/a Compuquest2000.
Counsel to the debtor in the receivership proceedings involving Edgemere Estate Limited Partnership and Edgemere Estate Limited.
Counsel to a defendant real estate developer in a contractual dispute with its development partners, involving significant parcels of development lands.
Counsel to the applicant charity in an application for judicial review relating to decisions made by the CRA, in the context of the revocation of the applicant’s charitable registration.
Counsel to the plaintiff employer in an action to enforce non-competition and non-solicitation provisions of an employment agreement.
Ontario counsel to the senior secured lender in the insolvency proceedings commenced by Laura's Shoppe (P.V.) Inc. under the Companies' Creditors Arrangement Act.
Canadian counsel to the Nortel Trade Claims Consortium in the cross-border insolvency proceedings commenced by Nortel Networks Corporation et al.
Counsel to the defendant partnership in an action for damages and other declaratory relief brought by a former alleged partner.
Counsel to the trustee in bankruptcy in the insolvency proceedings commenced by Casimir Capital Ltd. under the Bankruptcy and Insolvency Act.
Counsel to the plaintiff payment processing company in an action for damages against its colocation services provider relating to a loss of data.
Counsel to the plaintiff in an action to set aside an assignment of patent rights to a widely-used household product.
Counsel to the vendor take-back mortgagee in the enforcement of a mortgage by way of foreclosure, where the action was defended on grounds of misrepresentations in the agreement of purchase and sale.
Counsel to the respondent in an application seeking to invalidate a promissory note and related security granted in the context of a renewable energy project.
Counsel to the complainant in a lawyer misconduct matter before the Law Society Tribunal, where the defence engaged issues relating to the complainant's privacy.
Acted as the Independent Supervising Solicitor in the enforcement of an Anton Piller order made in the context of an action seeking damages for fraud.
Counsel to the plaintiff in an action for breach of copyright and related relief relating to industrial meat-processing equipment.
Counsel to the defendant in an action brought pursuant to the Fraudulent Conveyances Act.
Counsel to various parties to proceedings brought pursuant to the Construction Lien Act (Ontario), including general contractors, sub-contractors and owners.
Counsel to both landlords and tenants in actions seeking damages for breach of lease agreements.
Counsel to a variety of banks in relation to all aspects of the enforcement of personal guarantees.
Counsel to plaintiffs in collection actions, including the enforcement of judgments.
Selection of Reported Cases
Loran v. Weissmann, 2019 ONCA 962
Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONSC 6557
Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2019 ONCA 269
Muchmaker Estate (Re), 2019 ONSC 59
Business Development Bank of Canada v. Astoria Organic Matters Ltd., 2018 ONSC 6062
Hogan Pharmacy v. Municipality of Halton, 2018 ONSC 1442
Re Aeropostale Canada Corp. (Notice of Intention), 2018 ONSC 1468
Royal Bank of Canada v. DCM Erectors, Inc., 2017 ONSC 2580
Salus Capital Partners, LLC v. Shilon, 2016 ONSC 7799, 2016 CarswellOnt 21099
Nortel Networks Corporation (Re), 2016 ONCA 332
Royal Bank of Canada v. Lunardi, 2016 ONSC 2541
Fram Elgin Mills 90 Inc. v. Romandale Farms Limited, 2015 ONSC 7308
Green v. Green, 2015 ONCA 541
In the Matter of the Proposal of Casimir Capital, 2015 ONSC 2819
Poss Design Limited v. Beograd Machine & Tools Co. Ltd., 2015 ONCA 74
Business Development Bank of Canada v. Druckmann, 2015 ONSC 1517
King David Inc. v. Andrin Investment Ltd., 2015 ONSC 1935
Poss Design Limited v. Beograd Machine & Tools Co. Ltd., 2014 ONSC 3051
2026125 Ontario Limited v. Ashland Paving Ltd., 2014 ONSC 5173 (Div. Ct.)
Grossi Consulting Services Limited v. Premier Salons Ltd., 2014 ONSC 5028
Fernandez et al. v. Unique Auto Collision Network Solutions Corp. et al., 2014 ONSC 3642
Fernandez v. Unique Auto Collision Network Solutions Corp., 2014 ONCA 458
Royal Bank of Canada v. DCM Erectors, Inc., 2013 ONSC 2864
Indcondo Building Corporation v. Sloan, 2012 ONCA 502