Crawley MacKewn Brush

Ontario

Review

Dispute resolution

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.“They really stand out for that they do,” observes one peer. Clients turn out in full throat to sing the praise of the firm and its individual practitioners. One cheers the firm’s “pragmatic advice on navigating the legal practice, clear articulation of strategy and excellence at finding necessary resources for projects.” Another testifies, “[They bring] clear and concise subject-matter expertise, tenacity, problem solving and [a] willing[ness] to challenge regulatory bodies in a productive manner.” Still another summarizes, “Crawley MacKewn Brush is a leader in all things relating to securities.”

     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, “I would say the firm is grooming the next generation but honestly from what I know of these [junior] people, they didn’t need much help.” 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.) Melissa MacKewn is championed by securities and regulatory peers on a near-unanimous basis. “Melissa is just excellent. She’s on for the former head of capital markets at Cormark.” This alluded-to representation involves said client’s alleged involvement in a short-selling scheme concerning another cannabis entity, Canopy Growth. Robert Brush remains active in several mandates. In one, he represents the former management team and vendors of a private software company that was acquired by a publicly traded corporation that disputed whether the acquired company, which continued to be managed by the vendors, subsequently achieved an agreed-upon earnings target entitling the vendor to a substantial additional earn-out payment of $11.9 million. The dispute was settled in favor of the clients at the conclusion of a month-long trial. Brush acted on this matter with future star Michael Byers, who is praised by a client as “highly dedicated, committed to client service, perceptive and very intelligent. He quickly became an expert in my situation and was proactive, caring and got me the best possible outcome.” Brush also prosecuted a claim for $700 million in damages arising out of a failed joint venture between a real estate developer and the Ottawa Senators organization. The purpose of the joint venture was to redevelop a 53-acre property in downtown Ottawa, anchored by a new event center and arena for the Ottawa Senators hockey team (an NHL franchise). The principal defendant had counterclaimed for $1 billion. In this matter, Brush acted with other future stars Clarke Tedesco and Kate McGrann, the latter of whom is also known for her lead role in a recent public inquiry. “I personally know Kate McGrann and she has an unparalleled reputation in public law,” declares one contemporary, while a client extols, “Kate is one of the best lawyers I have ever worked with.” Yet another example of the firm’s generational progress, new partner Dana Carson, who makes her debut as a future star in this edition, is acting for the defendants in a proceeding seeking payment of over $7 million pursuant to a guarantee.