Bennett Jones

Global

Review

Canada

Dispute resolution

ALBERTA

The Calgary office of Bennett Jones is its historical headquarters and, while its operations across Canada have blossomed (and includes another, smaller, office in Edmonton), the firm remains a consistent key legacy player in this particular city. “Bennett Jones used to have all the ‘A clients’ in the Calgary market and, while other firms have since moved in and clients have spread out more, Bennett Jones still hangs on to some exclusive relationships. They are a steady and meaningful presence in the market, still attract premium work and have great people. Even with the recent retirement of [former litigation stars] Ken [Lenz] and Chris [Simard] going to the bench, it’s still such a deep team. Munaf Mohamed in particular attracts great clients.” Mohamed, a routinely acknowledged “trial warrior” who “doesn’t suffer fools,” led a multi-office team in representing a group of Saudi companies in advancing one of the largest fraud claims in Canada against a high-ranking former Minister of Cabinet in the former Saudi government who is alleged, along with a number of close family and friends, of embezzling a massive amount of money and moving it into various offshore havens and who, once stripped of his titles and position, fled to Canada. A worldwide freezing order has been obtained against the Minister, together with various other extraordinary orders. Another frequently championed trial lawyer, Blair Yorke-Slader, acts as lead trial counsel for the owners of a building in downtown Calgary in which the tenant leased virtually all of the building under a lease that ran until 2031. After a workforce reduction the tenant sought to reduce its lease burden by claiming breach of lease because of the alleged presence of trace amounts of asbestos in the fireproofing, after which the tenant fled the building, terminated the lease, and sued for $70 million. Yorke-Slader’s client has countersued both the tenant and its Chinese parent company and guarantor for $500 million. Bruce Mellett represented the Province of Alberta in its Reference case on the constitutional validity of the federal Impact Assessment Act also known as Bill C-69.  Alberta's position was that the legislation was beyond Parliament's jurisdiction, as it purported to regulate projects and activities within areas of provincial jurisdiction and could make the ultimate decision over whether such activities would be approved as in the public interest. Alberta was successful before the Alberta Court of Appeal, after which Canada appealed to the Supreme Court of Canada, which dismissed the appeal in October 2023. “Bruce doesn’t get as much press and he doesn’t seek it, but he deserves it,” insists a peer. “You want dogged and rigorous work without the bluster? You go to him.” The firm’s younger members are also gaining traction. Ciara Mackey is one singled out by peers. “She’s in the opinions practice, and if I could have her work on every one of my files, I would. She writes how you think. She is the brains – you know you’re in good hands with her.”

 

ONTARIO
Bennett Jones’ entry into the Toronto market has proven “enormously successful,” with a deep stable of litigators that not only rivals that of its historic Alberta counterpart but also rivals that of many other of its more historically entrenched peers on Bay Street. It is also observed that “Bennett Jones is more specialized than a lot of other firms of its position,” with class actions, securities, intellectual property, competition and even environmental work part of the firm’s overall composition. Dominique Hussey, a celebrated IP-focused partner, has made a swift ascent in profile, becoming the firm’s national managing partner over the past year. “For a woman of her vintage, that is a real milestone,” declares a peer. Primarily recognized and lauded for her class-actions prowess, Cheryl Woodin acted for Travelers Insurance Company of Canada/Dominion of Canada General Insurance Company as defendant in a common issues trial of business interruption insurance claims, brought on behalf of a putative nationwide class of business owners impacted by COVID-19 shutdowns. The June 2023 trial result was a decisive success for the defendants. One peer asserts, “Cheryl primarily does class actions but she also does trials – she’s a trial lawyer!” Another universally revered class action partner, Mike Eizenga, acted for the Canadian Hockey League, the Ontario Hockey League, the Western Hockey League, the Quebec Major Junior Hockey League, and the 60 major junior hockey teams operating within the leagues in a class action alleging abuse and hazing of players since the inception of the leagues in 1965, brought on behalf of a putative nationwide class of former and current major junior hockey players. Jeffrey Leon is an esteemed figure who recently had the distinguished honor of being the president of the American College of Trial Lawyers, only the second Canadian to receive this achievement. Leon was selected to act as co-lead counsel to the Public Order Emergency Commission, which is undertaking public hearings related to the invocation of the Emergencies Act by the Canadian Federal Government in February 2022, in response to the "trucker convoy" protests that assembled on Parliament Hill and throughout downtown Ottawa, Canada and other protests at various locations in Canada. Robert Staley, a securities-based partner with a reputation for a “cowboy” approach to trials, acts for an international hedge fund and its principal in a significant defamation claim concerning serious and false allegations of securities fraud, market manipulation and other illegal conduct.

 

BRITISH COLUMBIA
Bennett Jones is a relatively recent entry into the Vancouver market, which it has taken to with aplomb. “Bennett Jones has made inroads here, they have been very aggressive in their hiring,” ventures one local peer. “They pulled in some good people.” One such hire, David Gruber, is noted for his commercial litigation practice, which has also historically incorporated insolvency aspects, has been viewed by peers as a particularly plum score. Commercial litigator Melanie Teetaert is also cheered as a particularly auspicious hire.