A Toronto boutique with a distinct focus on securities and regulatory actions, Crawley MacKewn Brush is seeing its profile swiftly elevating in the eyes of peers and its work appreciated immensely by vocal clients. “[Crawley MacKewn provide] Creative and pragmatic problem solving for commercial disputes,” attests one client. “They are business-minded lawyers who recognize commercial realities and priorities. They are focused on finding practical solutions to business problems, rather than narrowly focused on legal issues.” Another extols, “Crawley MacKewn identifies and allocates the appropriate amount of resources to client files to meet their objectives, always ensuring that there is added value for the clients. They have excellent attorneys in the very niched space of complex securities law. They are our first call for any urgent situations or complex regulatory matters.” Already viewed as one of the deepest securities benches in Canada, the firm augmented this further within the past year by adding seasoned securities luminary Linda Fuerst. “That’s just going from strength to strength,” marvels one peer. “One on hand it’s surprising that she went from being so long in big-firm life to a boutique, but on the other hand it’s not at all hard to see what the attraction was on either side of that equation. They are both heavy hitters.”
All three name partners elicit generous peer and client praise, although it is noted that the firm is “doing extremely well with recruiting and excellent junior staff.” One peer asserts, “Each of the principals has deep subject-matter expertise while also having uniqueness which provides depth to the team.” Often appearing in the defense capacity, Alistair Crawley is actually acting for the plaintiff in a securities class action seeking damages relating to the collapse of a high-risk exchange-traded fund that attempted to earn income from the purchase and sale of volatility futures. The plaintiff seeks damages for negligent design and management of these funds. The case achieved certification as a class action, and an appeal by the defendant to the Supreme Court of Canada was denied. A peer confirms, “Alistair is in court every day on that CannTrust matter,” alluding to Crawley’s representation of the embattled former CEO of the troubled cannabis entity in a quasi-criminal prosecution commenced by the Ontario Securities Commission in relation to alleged securities offenses. (The OSC concluded that it had no reasonable prospect of conviction against the client, leading the Ontario Court of Justice to acquit him on all charges.) “Alistair is one of Canada's foremost experts on securities regulatory litigation.” Melissa MacKewn is cheered for being “caring of client interests, smart and responsive. “MacKewn acted for the CEO of a mining company on a novel Ontario Securities Commission investigation involving the duty to disclose risk in circumstances where it was determined that the undisclosed risk did not ultimately happen. The company misled investors about a decision by a Peruvian mining regulator that threatened their mining rights over certain properties in Peru. In March 2019, the company’s Canadian executives became aware of regulatory threats to the company’s mining rights in Peru but did not inform the public until July of that year.
Robert Brush is defending one of Canada’s largest independent investment dealers in a $450 million action alleging an illegal conspiracy among various market participants and professionals to launch a short selling attack on the plaintiff Callidus Capital Corporation. “Robert is one of the best counsel I have dealt with in 20 years of consuming legal services, both at a corporate, and insurer and a broker,” testifies a client. “He is thoughtful, deliberate, creative and always prioritizing the client's goals.” Peers concur; one declares, “I had a piece of securities litigation at the OSC a few years ago. We trying to block a go-public transaction. Rob Brush was on the other side, along with about 15 partners from big firms, and Rob was easily the best person in the room.” Enthusiasm is strong for the younger members of the team as well.
Clarke Tedesco is addressed by an appreciative client as “an excellent partner on litigation and regulatory matters. He is extremely knowledgeable and adept in his practice areas. Clarke is always willing to go above and beyond to make sure that we get the right advice and best-case outcome. He is responsive, professional, and a true pleasure to work with on files. He brings a depth of knowledge in securities litigation, particularly dealing with the OSC.”
Kate McGrann, who has quickly blossomed into a leader in the inquiries specialty, is called “diligent, brilliant and a master strategist” by a client, who elaborates, “[Kate] has excellent organizational skills, she gets along well, she is timely, and her control of the quality of work is excellent. She is very capable at cross-examining witnesses.”
