"86 Goodmans lawyers ranked as top-tier in 31 areas of law" - Canadian Legal Lexperty Directory 2021
Goodmans Expertise

Litigation Cases

Below is a representative sample of our recent litigation experience.  Please contact any member of our Litigation Group for further details.

Class Actions

  • Counsel to The Bank of Tokyo Mitsubishi UFJ Ltd. and Bank of Tokyo-Mitsubishi UFJ (Canada) in connection with a class action brought on behalf of Canadians who directly or indirectly entered into a foreign exchange instrument.
  • Counsel to BASF in a class action alleging price fixing among polypropylene manufacturers (co-ordinating the defence with parallel claims in the U.S.).
  • Counsel to a Canadian manufacturer in product liability claims in Canada being co-ordinated with ongoing U.S. class actions.
  • Co-ordinated a major pet food manufacturer’s response to multiple class action proceedings in Canada and the U.S. arising from allegations of tainted pet food.
  • Counsel to eight of Canada’s largest underwriters in the defence of the Philip Services Corp. shareholder action and in prior insolvency proceedings and the successful defence of initial shareholder action.
  • Counsel to SAS in a class action suit alleging a conspiracy among international airline carriers to fix air cargo surcharges (co-ordinating the defence with parallel claims in U.S.).
  • Counsel to the Canadian Red Cross Society in litigation arising out of its Canadian restructuring which subsumed existing class action proceedings arising out of tainted blood claims.
  • Counsel to professional advisors to a pension plan in a class action claim involving the administration of the pension plan.
  • Counsel to current and former senior officers of CIBC in a shareholder class action alleging secondary market misrepresentations related to CIBC’s exposure to sub-prime mortgages. Green v. Canadian Imperial Bank of Commerce (“CIBC”) et al.
  • Successfully prevented proposed amendments to the plaintiffs’ class action claim on the basis of lack of particularity and irrelevance. Dugal v. Manulife Financial Corporation.
  • Successfully prevented the class action plaintiffs from amending their claim to add claims for statutory prospectus misrepresentation. Dugal v. Manulife Financial Corporation.
  • Landmark Supreme Court of Canada ruling on shareholder class actions in Kerr v. Danier Leather

Commercial Litigation

  • Counsel to Chevron Canada Limited in its successful motion for summary judgment, upheld on appeal, which dismissed an action that sought to enforce a US$9.5 billion Ecuadorian judgment for alleged environmental pollution, now a seminal Canadian case on corporate separateness and corporate veil piercing.
  • Counsel to Polar Multi-Strategy Master Fund and Verition Canada Master Fund in objecting to a planned conversion claiming that the liquidity condition that had to be met before the preferred shares could be converted had not been satisfied.
  • Counsel to Markham Woodmills Developments Inc. in a dispute with Union Building Corporation of Canada over the purchase and sale of land.
  • Counsel to Simon & Schuster Canada in connection with an investigation of alleged anti-competitive conduct involving e-books pricing in Canada.
  • Counsel to Chevron Canada Limited in a proceeding, including an appeal to the Supreme Court of Canada, to stay proceedings on the basis of lack of jurisdiction.
  • Counsel to Look Communications Inc. in a successful defence against three proceedings seeking advances of legal fees from the company which was suing its former officers and directors for breaches of fiduciary duties.
  • Counsel to Urbandale Corp. on an appeal about the interpretation of agreements for the development and sale of properties under a limited partnership agreement.
  • Counsel to Copper Mesa Mining Corp. and two of its directors in successfully having struck three actions seeking over $90 million for alleged human rights abuses in Ecuador.

Construction

  • Negotiated and drafted Guaranteed Maximum Price (GMP) Contract for health sciences project between developer and general contractor.
  • Negotiated and drafted Cost Plus Contract, including supplementary conditions, between major office building tenant and general contractor.
  • Drafted supplementary conditions on CCDC 2 2008, CCDC 3, CCDC 4 contracts in use by high profile real estate developers and contractors.
  • Appeared at all levels of the Ontario Superior Court of Justice, including Ontario Court of Appeal and conducted numerous construction lien and construction related trials.
  • Counsel to major subcontractors on a variety of high profile construction projects/developments.
  • Counsel to owners and contractors in multi-party arbitration proceedings.
  • Counsel to contractors in connection with lien disputes involving the construction of a sewage treatment plant.
  • Counsel to various contractors in connection with lien actions relating to the construction of a correctional facility in Ontario.
  • Acted in connection with a large lien and bonding dispute in the mining industry.
  • Acted for several developers in connection with construction deficiency litigation.
  • Acted in connection with lien priority disputes for several banks and mortgagees and a number of professional receivers.
  • Acted for a large mechanical electrical contractor in connection with construction litigation relating to the automotive sector.
  • Counsel to a large steel company and a general contractor in connection with construction lien litigation in connection with several different steel facilities.
  • Acted in multiparty construction litigation relating to a cogeneration facility.
  • Represented a municipality, several private owners and an architect in connection with building envelope deficiency litigation.
  • Represented the owners in connection with construction litigation relating to several design build facilities.
  • Represented subdivision developers in connection with construction litigation with respect to deficient trunk sewer installation.
  • Acted in connection with numerous construction, contracting and payment disputes.
  • Counsel to a major real estate developer in a dispute with a contractor for delay and acceleration costs.
  • Counsel to a mechanical contractor in a dispute over the construction of a water treatment plant.
  • Counsel to a municipality in connection with multiparty litigation respecting serious construction problems in the construction of a nursing home.
  • Counsel to a mechanical/electrical contractor in connection with litigation regarding a contract for installations at a nuclear facility.
  • Counsel to various owners, contractors and subcontractors in respect of tendering issues.
  • Counsel to a major developer in connection with claims arising from masonry problems in a large condominium project.
  • Counsel to large subcontractors in disputes over the construction of a hospital and a paper plant.
  • Counsel to various contractors in connection with lien disputes regarding the construction of the MaRS project in Toronto.
  • Counsel to the Interim Receivers and Construction Lien Trustees on significant construction industry insolvency/bankruptcy/restructuring matters.
  • Counsel to a large general contractor in respect of a claim relating to the construction of a biomedical research building owned by the University of Toronto and in respect of associated claims by the various contractors.
  • Counsel to the construction and development firm in connection with claims arising from the construction and leasing of a food processing plant in Toronto.
  • Counsel to a private developer in connection with the review and negotiation of the industry standard form fixed price construction contract, together with supplementary conditions, for a retirement home community.
  • Counsel to a private owner in connection with the review and modification of the industry standard form design-build contract, together with supplementary conditions, for the expansion of an industrial manufacturing facility.
  • Counsel to a major private sector constructor in connection with the review and analysis of project agreements and guaranteed price construction contracts for several build-finance hospital projects tendered by Infrastructure Ontario.
  • Counsel to the Province of New Brunswick in connection with the preparation of a customized development, design-build agreement for the 195 km toll road between Fredericton and Moncton, Canada.
  • Counsel to the Toronto Waterfront Revitalization Corporation in connection with advice with respect to the potential liabilities of a “constructor” under the Occupational Health and Safety Act.
  • Counsel to a major subcontractor in connection with the review of the DBFO agreement for the Durham Courthouse project, in preparation for the submission of its pricing proposal.
  • Counsel to a major subcontractor in an arbitration proceeding relating to the construction of a 117MW co-generation project.
  • Counsel to various general contractors in connection with the construction of the Sheppard Subway System.
  • Counsel to the Regional Municipality of York in connection with the preparation of a design-build contract for a large feedermain project.
  • Counsel to the Regional Municipality of York in connection with the preparation of a design-build contract for a major sewer project.
  • Counsel to a major subcontractor in respect of the construction of a 500 MW power station.

Insolvency Litigation

  • Counsel to the Court-appointed Monitor of Nortel Networks in an unprecedented cross-border dispute over the allocation of $7.3 billion of proceeds from the sale of Nortel’s assets, including at before a joint trial before the Ontario and Delaware courts and subsequent appeals.
  • Counsel to Sun Indalex Finance, LLC in a successful appeal to the Supreme Court of Canada that overturned a decision distributing reserve funds to pay a pension deficit.
  • Counsel to the Ad Hoc Committee of Unsecured Note Holders of Abitibi in a successful debt to equity swap cross border restructuring process. Re AbitibiBowater Inc. et al.
  • Counsel to the Pan-Canadian Investors Committee for Third-Party Structured Asset-Backed Commercial Paper on the largest restructuring proceeding in Canadian history. Re Metcalfe & Mansfield Alternative Investments II Corp.
  • Counsel to the outside directors of Bracknell Corporation in defence of claims by a consortium of banks arising out of the insolvency of Bracknell. Royal Bank of Canada et al v. Bennett, Halde, Hanna, Lau, Moir, Muir, Orman and Twa.
  • Supreme Court of Canada Issues Important Decision on Lender/Pension Priorities

IT Litigation & Arbitration and Entertainment Litigation

  • Counsel to the plaintiff Business Development Bank of Canada, a Federal crown corporation, in a claim where $44 million in damages for fraudulent misrepresentation were awarded at trial against a U.S. multi-national provider of software and services and its Canadian subsidiary.
  • Counsel to the Open Internet Coalition (with members such as eBay and Skype) with respect to Canadian traffic management regulation.
  • Counsel to Oracle Corp. in litigation and mediation between Oracle and certain of its customers and third party software implementers. These court actions have involved primarily software licensing and services disputes.
  • Counsel to SAP Canada in a confidential arbitration proceeding involving a major project in Canada. The dispute involves issues of contract interpretation, technical issues, the performance of consulting services, and sales representations.
  • Counsel to Software AG in disputes with multiple Canadian companies and governments. These proceeding have included arbitration, mediation and court proceedings concerning a variety of software licensing and copyright matters.
  • Counsel to the Business Development Bank of Canada in litigation against Experian, a large vendor of banking software. The action concerns allegations of misrepresentation and breach of contract.
  • Counsel to software developer Navantis Inc. with respect to joint venture/shareholder litigation and disputes with customers, including the settlement of a complex dispute with one of Navantis’ largest customers.
  • Counsel to Canadian Internet Registration Authority to review the dot-ca Dispute Resolution Process and make recommendations with respect to its improvement.
  • Counsel to Universal Studios in copyright litigation with respect to the film Charlie Wilson’s War.
  • Counsel to CTV in a Reference to the Federal Court of Appeal opposite Canada’s largest cable and satellite companies. The court adopted the position advanced by CTV in a widely reported decision.
  • Counsel in litigation Canada’s television channel for blind and low vision Canadians. The channel is in protracted and emotion-charged litigation with its former President.
  • Counsel to Sun Media Corp. in litigation against the City of Toronto with respect to the municipalities unsuccessful attempt to have removed from city streets the newspaper boxes of a Sun publication.
  • Counsel to CBS Television in internet identity theft litigation concerning the program Survivor.
  • Counsel to in shareholder litigation one of the owners of a television network.

Oppression Remedy

  • Counsel to a family owned development corporation in defending against a claim for oppressive relief arising from the manner in which profit distributions were made. Tanenbaum Estate v. Tanjo Investments Ltd.
  • Counsel to Hydro One Inc. in successfully moving for an order striking Clitheroe’s claim for the oppression remedy in relation to her termination of employment as CEO of Hydro One. Clitheroe v. Hyrdo One Inc.

Professional Negligence

  • Successfully represented a lawyer alleged to have engaged in professional misconduct before both the Law Society Hearing Panel and the Law Society Appeal Panel.
  • Successfully represented client during a good character admission hearing before the Law Society Hearing Panel. Law Society of Upper Canada v. Sharon Ellen Shore.

Securities Litigation

  • Counsel to Paulson & Co. Inc. in a proxy contest that resulted in replacing the board of Detour Gold Corporation, the highest profile proxy contest since CP Rail, which included successfully defending against a claim alleging insider trading and tipping.
  • Counsel to Hudbay Minerals Inc. in a proxy contest that successfully defended a proceeding by a dissident shareholder that sought adjournment of a shareholders’ meeting.
  • Counsel to two former directors of Maricann for the OSC review of insider trading claims.
  • Counsel to an individual director of a reporting issuer in an appeal to the Ontario Divisional Court from decisions of the Ontario Securities Commission involving violations of Ontario’s Securities Act.
  • Counsel to Frontier Rare Earths Limited concerning the OSC’s review of disclosure issues.
  • Counsel to current and former senior officers of CIBC in a shareholder class action alleging secondary market misrepresentations related to CIBC’s exposure to sub-prime mortgages. Green v. Canadian Imperial Bank of Commerce (“CIBC”) et al.
  • Counsel to Western Coal Corporation and Cambrian Mining PLC in the defense of a securities class action alleging secondary market misrepresentations. Gould v. Western Coal Corporation and Cambrian Mining PLC et al.