Corporate Commercial Litigation: Paliare Roland represents publicly and privately on leading cases. The team acts for defendants and plaintiffs bringing versatility and unique insights. They have acted as counsel on class proceedings at all stages of proceeding (certification including all levels of appeal; mediations; examinations for discovery; completion of common issues trials) and on cases involving usurious interest rates, product liability, Competition Act violations, institutional abuse, auditor’s negligence, franchise disputes, cases involving foreign exchange charges, breach of trust, breach of contract, pensions issues, and others.
- Class counsel to credit card holders who alleged MBNA Canada Bank had received a criminal rate of interest in certain circumstances. The certification decision is one of the leading decisions on aggregate damages (Markson v. MBNA Canada Bank, 2007 ONCA 334).
- Class counsel to individuals who invested in an alleged charitable tax shelter opportunity. Cannon v. Funds f or Canada Foundation, 2012 ONSC 399.
Bankruptcy & Insolvency Litigation: Paliare Roland acts regularly nationally and locally. The practice is independent of major financial institutions, permitting them to act as counsel to insolvency stakeholders, including court appointed officers, debtors, employee groups, unions, bondholders and governments.
- Acted for United Steel Workers Union. Was in a lead position regarding the restructuring of Stelco and its legacy liability pension obligations and other post employment benefits including finding and sponsoring the ultimate Purchase of Stelco, Bedrock Industries.
- Counsel to the representative plaintiffs in Sino-Forest’s CCAA proceeding commenced in March 2012, in the Ontario class action against Sino-Forest Corporation and some of its current and former officers and directors, auditors and underwriters.
- Counsel to the Canadian Federation of Pensioners at the Supreme Court of Canada in the appeal of Indalex Limited (Re), 2011 ONCA 265, which addressed the priority of pension funding obligations in a restructuring situation.
Employment Law: Paliare Roland provides advice and advocacy relating to all areas of the employment relationship for both employees and employers. Many of the important cases remain confidential.
Appeals & Judicial Review: Paliare Roland has argued many important appellate cases including:
- Counsel to Van Breda at the Supreme Court of Canada in Club Resorts Ltd. v. Van Breda, 2012 SCC 17 which established a new test for determining when an Ontario court may assume jurisdiction over a foreign defendant for a tort committed outside of Ontario
- Counsel to the Canadian Police Association at the Supreme Court of Canada in the appeal of Fraser v. Ontario (Attorney-General), 2011 SCC 20, the leading decision from the Supreme Court of Canada on freedom of association and the process of collective bargaining protected by s. 2(d) of the Charter Counsel to the intervenor, FAIR Canada, at the OCA and Supreme Court of Canada in Green v. CIBC 2015 SCC60 regarding limitation periods in securities fraud cases.
Securities Litigation: Paliare Roland acts for both investors and issuers in litigation involving public disclosure issues providing assistance to investors, investment advisors and other registrants in proceedings before the Ontario Securities Commission, the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association also representing investors in negligence claims against investment advisors and dealers.
- Counsel to a prominent lawyer accused of insider tipping and trading at the Ontario Securities Commission
- Counsel to the Foundation for the Advancement of Investor Rights, an intervener, in the Reference re Securities Act, 2011 SCC 66 respecting the constitutionality of proposed federal securities legislation, and in CIBC v. Green, 2014 ONCA 90 regarding securities class action limitation periods.
- Counsel to the minority common shareholders of Hollinger Inc. before the Ontario Securities Commission in Re. Hollinger Inc., (2005), 28 OSCB 3309
Constitutional Litigation: Paliare Roland has acted on many high profile constitutional cases and has long associations with the Canadian Civil Liberties Association and other public interest organizations like Friends of the Earth, British Columbia Civil Liberties Association, Métis National Council, Congress of Aboriginal Peoples, Human Rights Watch and various specialised legal aid clinics.
- Counsel to the Congress of Aboriginal Peoples and individual litigants in Daniels v. HMQ, 2014 CanL1168707 (SCC) seeking a declaration that the Federal Government is constitutionally responsible for approximately 600,000 Métis and Non-Status Indians, under s. 91(24) of the Constitution Act, 1867
Libel & Slander: Paliare Roland has expertise in defamation law including litigation strategies, media strategies and pre-publication review. Recently, they were counsel to the Liberal Party of Canada in a defamation proceeding brought by former Prime Minister Stephen Harper.
Product Liability & Tort Claims: Paliare Roland acts for plaintiffs and defendants regarding product failure, negligence and economic torts. While these sensitive issues generally result in settlement, the firm has argued leading cases on international jurisdiction and insurance coverage, and act in class actions regarding product failures.
Professional Discipline & Regulation: Paliare Roland represents regulators and professionals in connection with complaints, investigations and discipline proceedings.
Judicial Inquiries and Inquests: Paliare Roland has brought their expertise in advocacy and commitment to the public interest to their work for judicial inquiries.
- Inquiry Counsel to The Honourable Mr. Justice Herman J. Wilton-Siegel who was appointed Commissioner of the City of Hamilton’s Red Hill Valley Parkway Inquiry.
Last updated Feb 2022
