Osler Hoskin & Harcourt

Global

Review

Canada

Dispute resolution


ONTARIO

Osler’s Toronto office is its center of corporate activity and its litigators are a hit with clients. One commends the firm’s “team approach; appropriate billing rate for task; appreciation of balance between legal and business risk; user friendly client service, and gender diversity.” Another asserts, “Osler’s team is superior to others in their written and oral advocacy, practical advice, and client service. [They are] Very methodical, detailed and strategic. [They provide] Excellent briefs, well-structured and articulate advocacy.” Larry Lowenstein, a seasoned commercial litigator and perennial favorite with peers and clients, represents the Bank of Montréal in class-action lawsuits commenced in five provinces alleging that Canada’s major banks, including the client, and two credit card companies conspired to fix the credit card fees charged to merchants. The Ontario action alone is valued at approximately $5 billion. Another championed partner, Laura Fric is defending BP in a securities class action arising from the Deepwater Horizon explosion. The plaintiff alleges the defendant made misrepresentations to Canadian investors prior to, and following, the explosion. “Laura has really come up over the years and deserves more notice,” insists a peer. “Right now, when I think of Osler’s class-action practice, she is the first name that comes to mind.” Adam Hirsh makes his debut as a future star in this edition of Benchmark Canada on the strength of his wide-ranging commercial practice that encompasses a host of specialties, including tax litigation, an area for which Osler is known to hold the premier position among other Bay Street firms. Hirsh has already dazzled several clients; one notes, “Adam was the engagement partner on our matter and was outstanding both in terms of his legal skills and his attention to detail in practical, business, and finance matters. He demonstrated patience, thoroughness, and determination in all aspects of his work.” Another goes as far as to assert, “Adam is an outstanding lawyer in that he not only knows the law, but also takes the time to understand all practical business and client issues. I’ve practiced for 38 years and there are few lawyers I’ve seen that have his complete skill set.”


QUÉBEC

Osler’s Montréal office has been notably in growth mode as of late. “Osler is coming back! They are building back up here in litigation with some smart hires,” observes a peer. The firm made a key strategic recruit to its Montréal office recently when it brought on Stéphane Eljarrat, a white-collar practitioner formerly with Davies Ward Phillips & Vineberg. Peers are united in their view that the recruit was a substantial one. “Stéphane is one of the few people in Montréal doing that kind of work at that level,” declares one peer. “In a typical year, he’d be off in India or Brazil.” Clients agree; One testifies, “Stéphane always provides sound advice, caters to the business needs and takes into account our reality. He provides prompt feedback and precise answers and just overall gives great service. He knows our business reality perfectly and is interested in it; he even participated in targeted training sessions for our internal clients.” More recently, the firm lured Celine Legendre to its bench from McCarthy Tétrault, an auspicious augmentation in the eyes of peers. “Her client contacts are phenomenal, and people love working with her,” opines one competitor. Legendre’s addition adds depth to a class-action practice previously chaired by Eric Prefontaine, himself a revered class action practitioner in the province and beyond. A peer raves, “Eric is actually called to the Paris bar! He’s just phenomenal.” Prefontaine represents Loop Industries in a national class action that was filed in October 2020 following the publication of a short-seller report, which alleges several issues with Loop’s technology, business model, and organization. The plaintiff alleges that Loop has therefore made misrepresentations to its investors and is responsible for the damages resulting from the decline in Loop’s stock price that followed the publication of the report at issue. Future star Alexandre Fallon is quickly gaining a devoted following. One competitor notes, “Alex is young but he’s asserting himself – he is taking the lead on some of the opioid litigation.” A highly appreciative client extols, “Alexandre is one of the most intelligent and brilliant persons I have dealt with. He is, by far, the best litigator in the Province of Québec.”


ALBERTA

Osler’s Calgary office is composed of a team that, while smaller than that of the eastern provinces, possesses “significant experience in issues related to building mega projects extending across various jurisdictions, especially, in the oil-and-gas mid-stream transportation industry,” according to a client. A peer confirms, “Oslers has become a very big player in the Alberta market.” Colin Feasby represents Alliance Canada Marketing and its various parent entities in the defense of a US $100 million claim brought by BP Canada seeking damages for breach of a contract for the shipping of gas on the Alliance Pipeline, which was slapped with a new tariff structure by the Canada Energy Regulator that allegedly adversely affected the fulfillment of the contract. Maureen Killoran is heralded for a “profile and presence in the market that is spectacular,” according to one peer, who elaborates, “She is more in demand than she has time for. She is getting called every day for the most challenging pipeline work in the province.” Killoran is spending an increasing amount of time in Vancouver, building out a burgeoning outpost for the firm in that city to attend to more of the cross-province pipeline work, but she is still viewed as one of Calgary’s most prominent energy players. She represents Canadian Natural Resources in issues involving contractual and account-billing practices relating to a processing and upgrader facility. Killoran and Melanie Gaston represent Williams Group and some related entities in a cross-border matter valued at $500 million regarding issues relating to a facility construction/purchase-and-sale agreement. On her own, Gaston represents the Town of Canmore regarding issues relating to development and municipal bylaw enforceability in the Town relating to various land-use restrictions.