The Toronto office of Torys has long held an enviable position as one of Bay Street’s crown jewels. “They have produced a long line of lawyers with reputations for fierce advocacy and they also have an equally long list of blue-chip clients,” testifies one Toronto peer. Another simply sums up the firm’s prestige and approach with, “Torys is just Torys, and they always have been and always will be.” This peer elaborates, “There’s a level of stature just in the brand and the culture that goes a long way.”
The firm’s roster has historically showcased a level of depth in the “next-generation” ranks, and this year is no exception.
Jeremy Opolsky is one example of a partner whose star has fully risen. “Jeremy is someone I was not that familiar with before, but I am now because he did a great job on an international arbitration we had,” testifies a peer. “He presents very well in the appeal context, [he’s] very academic.” Opolsky is acting for KSV Kofman on various matters, including as the court officer in the CCAA proceedings of Bondfield Construction and in its capacity as Receiver and Trustee-in-Bankruptcy of Forma-Con, a subsidiary of Bondfield. The Trustee commenced proceedings against certain former officers of Forma-Con and suppliers of Forma-Con challenging over $11 million in pre-bankruptcy transactions as Transactions at Undervalue, which are part of an alleged scheme involving over $80 million in suspect transactions involving Bondfield and Forma-Con. The former president of FormaCon and Bondfield was at the center of a false-invoicing scheme. After an investigation revealed that over $80 million had been taken from the companies in this manner, the Monitor and KSV brought claims for transfer at undervalue against the former president. KSV Kofman was granted relief in full, a decision which was upheld on appeal.
Sarah Whitmore also exemplifies this generational succession of leaders. Whitmore, along with
Andrew Gray, is acting as counsel to Mithaq in a C$308 million unsolicited takeover bid to acquire all the outstanding shares of Aimia not already owned by Mithaq. In addition to transaction counsel, Torys represented Mithaq in connection with related shareholder activism in connection with Aimia’s 2023 annual meeting as well as related litigation related to the 2023 annual meeting and takeover bid, including in connection with its application before the Ontario Capital Markets Tribunal to request that a private placement of shares announced by Aimia following commencement of the bid be cease traded as an improper defensive tactic. Litigation was also commenced on the Commercial List of the Ontario Superior Court, with a trial set to commence in January 2024, which was ultimately resolved. Securities star John Fabello, along with Montréal’s Chris Richter, is representing the Bank of America and Merrill Lynch Commodities in proposed class actions in Ontario and Québec alleging conspiracy and market manipulation in the global gold and silver markets. The plaintiffs allege that the defendants named in the matter engaged in anti-competitive conduct in violation of the Competition Act and breached contracts with the proposed class. The Torys pair was successful in defeating the plaintiffs’ motion to add the firm’s clients to the case, however the plaintiffs proceeded to appeal this decision. After argument at Ontario Court of Appeal in April 2023, the majority of the Court ruled in the plaintiffs’ favor overturning the motion decision. All-purpose commercial litigator
Linda Plumpton remains a perennial favorite. “She is the embodiment of the versatile trial lawyer,” offers one peer in summation. “She can handle various specialties and yet prowls around the commercial list as much as anyone. And you can certainly bet she knows how to try cases if it comes to that!”
