Canada

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Blake Cassels & Graydon’s Toronto office has long been a dominant force in the city’s business community, servicing some of the largest and most recognized names on Bay Street. While it is often linked to financial institutions, the firm has of late exemplified been active in cases that exemplify a more diverse roster of clients. Notably, some of these cases have been spearheaded by younger partners. Iris Fischer, a commercial litigator with a niche in the defamation and media capacities, represented the Toronto Star and one of its reporters in an application to unseal the estate court files of a prominent Canadian philanthropist couple that was murdered. After succeeding for her client at the Ontario Court of Appeal, she triumphed once again at the Supreme Court of Canada in June 2021. Melanie Baird, who joined the firm from Lenczner Slaght along with Andrew Skodyn (with whom she works in tandem with as well as on her own), has also quickly ascended the ranks, and yet is still considered underrated by some. “Blakes in Toronto is first-class,” declares a peer, “and Melanie in particular is a litigation standout. She drives a huge volume of work and is an exceptionally talented trial lawyer in intellectual property cases, class actions and commercial litigation generally. Although well regarded and highly ranked, her profile falls below exceptional contribution she makes to her firm and the litigation bar.” (Benchmark attempted to address this by bestowing the “Intellectual Property Litigator of the Year” award on Baird at the 2022 Benchmark Canada awards – ed.) Skodyn has also amassed his own fan base over the years, with one peer marveling, “It’s been fascinating to watch him blaze trails [at his former firms and his present one]."

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The firm’s Montréal office scored a key young recruit in Matthew Liben, a noted standout who the firm lured to its bench from Stikeman Elliott. A client raves on Liben’s behalf: “Matthew has done an excellent job in his thoroughness and ability to advocate on behalf of us thus far. I observed several examinations and was impressed by his ability to quickly redirect the questioning and make objections on behalf of our witnesses. His calm demeanor and ability to succinctly analyze the issues in front of many of our senior executives has been very valuable.” Francis Rouleau, litigation group leader in Montréal, continues to represent Bell Canada and its affiliates as lead counsel in injunctive proceedings which called upon Québecor and its affiliates to restore the broadcast signal that Groupe TVA unlawfully interrupted during the Stanley Cup playoffs. Blakes succeeded in having the Court issue an injunctive order enjoining Groupe TVA to restore the broadcast signal to more than 425,000 Bell subscribers. Claude Marseille and future star Ariane Bisaillon scored a big win for Hydro-Québec before the Supreme Court of Canada in 2020, securing a unanimous decision that allowed for the construction of a new transmission line. The Blakes pair was brought in on appeal to the Supreme Court and succeeded in reversing the Court of Appeal’s earlier denial of the client’s right to build on disputed lands across the province of Québec. Simon Seida, who made partner in 2019, attends to a diverse practice, most recently attending to matters with a competition and class action element. Rouleau, Marseille and Robert Torralbo have long been championed as litigation leaders by local peers, and continue to be, with one contemporary taking care to note, “These guys are still at the top of their game, primo litigators without a doubt.”

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Blakes’ Calgary office houses one of the community’s deepest litigation benches, all attending to the most high-stakes matters affecting the region’s volatile oil-and-gas industry. Ken Mills, a longtime leader of the litigation group in this office, is credited by several in the community for several successful strategic recruiting, enterprising and culture-fostering decisions. A local peer asserts, “Blakes did phenomenally well during the COVID downturn. They were hiring and growing when others were letting go. They have a good group of young people coming up who just naturally ‘get it.’” David Tupper remains one of Calgary’s most active and in-demand partners. “David is someone I see on a lot of the big infrastructure work.” In one such example, Tupper represented Pembina Pipeline Corporation in a shareholder dispute, in which he triumphed in August 2021. Tupper provided counsel to Nexen Energy ULC arising from a 2015 pipeline spill in Northern Alberta. Dalton McGrath, along with future star Michael O’Brien successfully represented ENMAX Energy Corporation in connection with a CAD $120 million dispute concerning the existence of transmission lines and towers located in downtown Calgary that serve millions of customers against a private landowner. Mark Morrison, one of the only bona fide white-collar crime practitioners in the province, was selected as the Compliance Monitor for SNC-Lavalin for a three-year term as part of its recent conviction and $280 million fine arising from fraud and bribery in Libya.

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In Vancouver, peers point to securities star Sean Boyle as “someone who is doing some fairly novel and sophisticated work for BC and at the same time really hustling to get more of it. He has done a great job of getting his own name out there while also building the team.” Alexandra Luchenko is another swiftly risen star who is making waves in the white-collar criminal world. “Alex is a certified fraud examiner,” notes one peer, “and she is coming up huge in the criminal side of things.” Another peer raves, “Alex is awesome. She is smart, super hard-working and has the ability to cut through the morass and get to the nub of it. She’s efficient and doesn’t waste time with petty things.” The pair of Boyle and Luchenko act for Detona Capital in proceedings commenced in January 2019 by the British Columbia Securities Commission and Alberta Securities Commission against over 60 respondents styled as the Bridgemark Group relating to an alleged cheque swamp scheme in excess of $50 million. Blakes, along with other law firms, have filed a Notice of Constitutional Question, alleging illegal search and seizure of the Parties’ bank accounts and challenging the constitutionality of the Freeze Order provisions of the Securities Act. The investigation continues with document discovery and compelled interviews taking place.  Issues surrounding sealing order and the intersection of a class action are working through the court of appeal with applications being made to the Supreme Court of Canada. Joe McArthur is also beloved by many in the community, with one peer going so far as to call him “just my favorite, so easy to deal with” and further opining “We could sure use more in the profession like Joe.” Another asserts, “Joe can do it all, but his sweet spot is arbitrations and in particular those that cross borders. He’s not only a leader in that regard but also kind of cornered a market.” It is also noted that Laura Cundari has a “huge, and growing, arbitration practice that deals with a lot of construction and infrastructure. She is also getting a ton of arbitrator appointments.”

Peers also commend Blakes for its class action practice, and in particular, the evident fostering of younger talent attending to these matters. “Younger Blakes lawyers are getting more involved in class actions, and clients welcome it,” testifies a peer. “They want to hire a top-tier firm but they don’t want to necessarily pay the rates of a more senior partner.” Illustrating the firm’s class-action capacity as well as its inter-office prowess, a multi-office team consisting of Toronto’s Catherine Beagan-Flood and Nicole Henderson and Vancouver’s Robin Reinertson represent TDL Group in litigation stemming from a published report regarding location data collected by the Tim Horton’s mobile app. The plaintiffs allege collection and use of geolocation data of consumers without proper disclosure or consent through the Tim Hortons, Burger King and Popeye’s Chicken mobile apps.

Through its offices in Toronto and Montréal, Davies Ward Phillips & Vineberg maintains a dominant position in the eastern half of Canada, with a litigation bench distributed evenly among both offices that is composed of a healthy generational spread of seasoned partners and up-and-comers, all imbued with a hard-charging approach to litigation. Peers regularly reference the firm as being one of the strongest and most balanced in terms of litigation horsepower at a firm that is not exclusively dedicated to litigation. “Davies remains one of the most consistently strong group of litigators. They’re always at the very front of the pack.” Clients meanwhile turn out in force to voice their appreciation for the firm. One cheers the Davies team as “incredibly responsive, with a very quick and thorough grasp of the issues to resolve” and specifically addresses the “excellent and rigorous legal analysis and attention to detail.” Another client notes, “The representations prepared [for us] addressed the issues in depth, and they were delivered within the agreed deadline and mostly on budget.” Still another offers in summation, “I have worked with almost all of the leading Canadian dispute resolution firms. Davies is in the highest grouping.”

In the Toronto office, all-purpose trial lawyer Kent Thomson is a towering figure. Respected as a tireless, dogged worker and a dynamic courtroom presence, Thomson has the support from both peers and clients. Thomson, along with Derek Ricci, is acting for TransAlta Corporation in defending an oppression action brought by a minority shareholder. This $750 million dispute was commenced after a Davies team successfully defended TransAlta in connection with “public interest” proceedings initiated against TransAlta by Mangrove Partners before the Ontario Securities Commission and Alberta Securities Commission. Michael Lubetsky is also part of this team and is a debut future star who is generating a notable groundswell of peer and client review on his own. “Michael Lubetsky was spectacularly diligent and thorough, particularly given the pro bono nature of the mandate [he led for us],” testifies one client. “He and the Davies team left no stone unturned and presented well-researched and creative arguments to the court.” Lubetsky is also working with Andrea Burke and Sandra Forbes in acting for McKesson in a proposed class action brought by the Province of British Columbia on behalf of all Canadian provincial governments, as well as the Federal government, against manufacturers and distributors of opioids seeking to recover health care costs related to the opioid crisis. Ricci meanwhile is also acting for Giant Tiger in the defense of numerous class proceedings commenced in jurisdictions across Canada relating to alleged price-fixing of commercial bread products in Canada at the wholesale and retail levels. Acting with Ricci is Chantelle Cseh, a swiftly risen former future star who is making her impactful presence felt in the market. “Chantelle Cseh is the pride of Barrie [Ontario],” enthuses one peer. “She is someone I’ve done a boatload of work with and she’s an absolute pleasure to do business with, an extraordinary lawyer.” Cseh is acting as counsel for the appellants, the Estate Trustees of Barry and Honey Sherman, in the high-profile appeal to the Supreme Court of Canada against the Toronto Star and its Chief Investigative Reporter in a matter concerning a sealing order obtained by the Estate Trustees which restricts public access to materials filed in connection with the administration of the Shermans’ estates. Cseh and Matthew Milne-Smith acted for the Canadian Chamber of Commerce as an intervener before the Supreme Court of Canada in an appeal concerning the applicability of arbitration clauses to class actions on Ontario. The plaintiff is an Uber driver who asserts that he is an employee entitled to the protections of the Employment Standards Act. However, at the time that he signed up to be an Uber driver, he entered into an agreement that stated that he was an independent contractor and not an employee, and that any disputes relating to the agreement were to be resolved by way of arbitration. The Supreme Court found that Uber’s Canadian arbitration clauses were unconscionable and invalid. The client intervened in the appeal to assert the importance of holding parties to their commercial bargains.

The Montréal team has been equally busy with its own unique mix of cases across several disciplines. The insolvency group has seen a particularly pronounced level of activity this year. “Davies has had a huge run lately in acting for debtor companies,” attests a peer. “Just taking a look at the numbers for this year it has been them [leading these matters] very often. Particularly out of Montréal because a ton of the retail filings this year have been there.” Denis Ferland is acting as counsel for The Pallinghurst Group, a global metals and mining industry investor, in its proposed equity investment of up to $600 million in Nemaska Lithium to help fund Nemaska’s Whabouchi project in Québec. The transactions involve the first reverse vesting order approved by a Canadian court in the face of active opposition from certain creditors. Leon Moubayed, a “young but very experienced” partner with a white-collar crime specialty, successfully acted for a franchisee in his defense to a prosecution regarding tax-related charges. This prosecution was a test case in a major investigation of computer products franchisees led by the Québec Revenue Agency and the Sûreté du Québec,the provincial police. Moubayed successfully challenged the disclosure of the evidence by the public prosecutors, obtaining a precedent-setting decision in December 2019, and also successfully argued and obtained a judgment from the Court of Québec concluding that the prosecution infringed the client’s right to be tried within a reasonable time and, as a result, ordered a stay of proceedings and charges. Nick Rodrigo, a class-action authority, is acting for US-based Epic Games and its Canadian subsidiary in relation to a proposed class action by users of the popular video game Fortnite. In a class action that is the first of its kind in Canada, the plaintiffs allege that Epic Games intentionally designed Fortnite to be psychologically addictive, leading to uncontrollable and compulsive behavior in players of the game. In addition, the plaintiff complains that the system of in-game purchases is designed to exploit this addiction and represents a form of illegal advertising to children prohibited under the Québec Consumer Protection Act. Guy du Pont, a seasoned trial lawyer and universally revered figure in the Montréal legal community, continues to pursue his agenda of pursuing cases with a tax element.

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The Vancouver office of Fasken is widely viewed by peers as home to one of the strongest litigation teams in the city, and indeed one within a big national firm rather than a litigation boutique. “We regularly see someone from Fasken on files, you would have to work pretty hard not to,” confirms one peer. Sadly, the firm had to weather the loss of Mark Andrews, a senior litigation partner of considerable stature, whose unfortunate passing was felt by all in the Vancouver legal community. Even a loss this major, however, did not come as a devastating blow to the team’s collective strength. “Fasken has some of the broadest litigation reach in town,” confirms one local peer. “They have a really deep pool, with talent all across the generations.” Indeed, Geoff Cowper remains a formidable senior figure, with a practice that spans major arbitrations as well as trials. On the younger end of the spectrum, Gavin Cameron led a team representing DP World Prince Rupert in a Fisheries Act prosecution in relation to a port expansion project in Prince Rupert. The Crown laid 10 charges against the defendants, primarily for alleged breaches of conditions under the Fisheries Act Authorization obtained for the Project. Cameron is recognized by peers as “one of the best guys of our vintage in town,” with one confirming, “He would be on every shortlist. [He is as] Smart as they come but doesn’t mind rolling around in the ditch to get something done.” Tracey Cohen, a commercial litigator with a diverse practice, is touted as “one of the most quickly escalating presences in the province,” with one peer noting, “Tracey has a flair for making a client feel very cared for and protected, and if you’re against her, she can be ferocious and tough as nails.” Another competitor calls Cohen “a real leader in the business these days. She has really worked her way to the top.” Cohen represents Eastern Platinum Limited and its subsidiaries in an action commenced by them in the British Columbia Supreme Court against the former officers and directors of the companies as a result of questionable payments pursuant to a change of control of the board that occurred in 2016. Andrew Nathanson also continues to draw praise from the Vancouver legal community on a near-unanimous basis for a multi-faceted practice that blends elements of commercial litigation and white-collar crime.

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Fasken’s Toronto office is host to an equally diverse range of litigation practices, with class actions taking an undeniably central position. In this capacity, Steven Rosenhek has developed a niche practice of his own, with several class actions for automotive entities. Rosenhek is representing Kia Canada and its parent and affiliates in the context of a class action/motion for authorization to institute a class action in Ontario and Québec on behalf of a class of consumers who own or lease Kia models equipped with a panoramic sunroof based on allegations of design and manufacturing defects. Sarah Armstrong leads a team that represents Capital One in three separate CAD$20 million individual claims arising out of a data breach which was publicly disclosed by Capital One in July 2019. Vera Toppings is also making her mark in the class actions world but also beyond this practice. “Fasken has had an uptick on the more sophisticated side of financial work, with David Hausman and Vera Toppings showing up more,” confirms a peer. The firm’s Ontario footprint also extends to Ottawa, where Peter Mantas juggles a bucket of work that touches on administrative law, appeals and white-collar crime work.

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Fasken’s Montréal office had to weather the recent loss of product liability figurehead Martin Sheehan to the bench, but it has quickly moved to make the strategic hire of Sebastien Richemont from his former post at litigation powerhouse Woods. Richemont is representing XTL Transport, a family business, and its founder against a claim for an oppression remedy and damages for an aggregate amount in excess of $71 million instituted by the daughter of XTL’s founder. Frédéric Gilbert is a commercial litigator who has developed a noteworthy niche in franchise law. He represented the franchise Modern Cleaning Concepts at the Supreme Court of Canada in such a dispute, seeking to reverse an earlier unfavorable decision at the Québec Court of Appeal. “Frédéric is emblematic of the future of commercial litigators,” asserts one peer. Peers are also quick to point out “Noah Boudreau is doing a lot of the heavy lifting over there these days. You’re seeing a lot more of him and he deserves more notice. He took over a good part of Martin Sheehan’s practice.” Alain Reindeau leads a team that successfully represented Transat, a Canadian airline and tourism public company, in the heavily disputed battle for the sale of the company. Eric Simard is part of a team acting for Areva Est Canada and Orano Mining in an action to annul two agreements of a value of more than C$50 million with respect to the sale of shares of a uranium entity following the discovery that one of Orano’s employees involved in the negotiation of the agreements illegally received a substantial amount of over C$17 million.

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The Calgary office, while smaller than the others, is in growth mode. The recent hire of Darren Reed, a commercial lawyer formerly with Blake Cassels & Graydon and JSS Barristers before that, is cheered by peers as “a fantastic recruit. Darren has that great combination of young energy and years of experience being seasoned at two other great litigation shops.” Peers also advise, “Pay more attention to Karen Wyke, she is a fierce litigator doing some big cases that people are sort of watching at the moment. She is doing a giant arbitration for an Italian client.” Gulu Punia and Arif Chowdhury represent Mac’s Convenience Stores in a lawsuit whereby the plaintiff seeks over CAD$24 million in damages on the basis of a disputed right of first refusal clause in an ATM services agreement.

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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.”

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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.”

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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.

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Stikeman Elliott saw its genesis in Montréal and continues its reign as one of the city’s premier players in the commercial litigation arena. The general consensus among those in the Montréal community is summed up by one peer’s assertion: “Stikeman is by far [at] the top out of all of the national firms in Montréal, especially in the corporate commercial litigation space.” A client testifies, “They prepared a very complex case, [and it was] against an aggressive and plaintiff that used selective information to distort the truth massively.” The Montréal litigation group, widely considered one of the strongest, deepest and most consistent, is helmed by Éric Mongeau, who is universally beloved by peers and clients. One such client addresses Mongeau as “[someone who is] excellent at diving into the details of the case and leaving no rocks unturned. [He is a] Master at putting together the facts in a compelling and truthful story, and attacking (more like surgically discrediting) the opponent's logic and position.” Mongeau led a major commercial matter for a consortium of conservationist businessmen in a dispute concerning the purchase of a wilderness reserve. Mongeau triumphed on his clients’ behalf in August of 2023. Yves Martineau is another perennial favorite in the Montréal office. While Martineau has long been a leading figure in the class actions space, he has also earned his stripes as a trial lawyer, a status that was further cemented when he was welcomed as a fellow of the American College of Trial Lawyers within the past year. “Yes, he mostly does class actions, which rarely go to trial, but Yves cut his teeth doing trials and is still considered one of the top pleaders in Montréal,” summarizes one contemporary. Peers also advise, “Keep an eye on Guillaume Boudreau-Simard. He is the younger foil to Yves in class actions.” Another peer ventures, I worked with Éric Azran on estate litigation work, and he was very involved, so although he is recognized for insurance and securities, he does more than that!” Another peer declares, “I had a very heated debate with Joseph Reynauld in an insolvency dispute and he was very sharp, very strong.” Enthusiasm is also vibrant for Pierre-Paul Daunais. “Oh, this guy is at the top of his game, without a doubt,” extols one peer. “He had a great result in a case for RBI Tim Hortons concerning an alleged privacy breach on their app.”

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Of all the national firms on Bay Steet, Stikeman Elliott is also considered one of the strongest for corporate commercial litigation. “[They do] excellent work in a number of areas, in particular with their dispute appeal services as well as their major commercial litigation leadership,” confirms a client. Speaking to the Toronto team’s bench strength, as well as its relative headroom, one peer states, “One of my favorite people is Eliot Kolers, who is still on the young side but actually one of the more senior team members at this point! It’s a great group, and that includes Dan Murdoch and Aaron Kreaden. I love having cases with these people, they are all very capable and decent counsel who don’t constantly throw up silly motions.” Kolers provided Toronto lead on a milestone win for Teck Resources in the $1 billion sale of its interest in an oil sands project in Calgary. The Toronto team is also noted for its command in the competition capacity. “Katherine Kay is a longtime leader who is still in this space all the time,” observes a peer, “but we also see Sinziana Hennig and Danielle Royal more often.” A team composed of Kay, Murdoch and Hennig represented SNC Lavalin in the successful dismissal of the plaintiff’s application for leave to commence and certification of a proposed secondary market securities class action alleging that SNC failed to make timely disclosure of a material change. In 2021 the Ontario Superior Court held that the claim had no prospect of success and certification of the proposed class action should consequently also be denied, and in 2023, the Ontario Court of Appeal released its decision dismissing the plaintiff’s appeal. The plaintiff did not seek leave to appeal to the Supreme Court of Canada.

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Stikeman’s Calgary office, while substantially smaller than the firm’s Eastern operations, consists of two partners, Mike Mestinsek and Geoffrey Holub, who both have a dedicated client following. Mestinsek is called “a practical, aggressive, problem solver” by a client, who goes on to confirm, “Mike is exceptionally responsive and has presence. He is appropriately aggressive and mindful of strategy/tactics that will work for the given party and issue. He is great at identifying the right resource to assist.” Another client offers a particularly glowing and fulsome review:, “Mike is a gifted litigator who also excels at the customer service side of the business. Mike learned the complexity of the business and our underlying contracts.  He managed each step of our litigation extremely well and communicated to us in a timely and detailed manner.  Mike effectively managed a difficult counterparty extremely well - both their corporate representative and their lead counsel.  He handled himself with professionalism all the time, even though it might have been challenging to do that at during many stressful times. Mike also did a great job supporting a parallel path of settlement discussions, at the right time, and giving honest views on pros/cons of all facets our case and the possible path of litigation.” Holub is not without his fans as well. “Geoff is very experienced and practical, plus he’s also very courteous, in a way that is not always the case with other litigators I’ve been involved with.” Holub provided Calgary counsel on the aforementioned matter for Teck. The Calgary office is also in growth mode; this year the firm lured Matti Lemmens, a versatile younger litigator with a swiftly rising profile, to its bench from another national firm.

BRITISH COLUMBIA
Like its Calgary office, Stikeman’s Vancouver shop is also smaller than the firm’s Eastern segment and is similarly in growth mode. It also receives healthy client review. “They managed all aspects of our litigation in a very detailed and thorough manner, maximizing our chancing for a positive outcome,” offers one client. Long recognized for the presence of David Brown, an all-purpose commercial litigator with a local peer following, the Vancouver office benefited from the addition of younger stars Jonathan Buysen and Angela Crimeni, both of whom boast their own respective commercial litigation portfolios and ascending community and client followings.

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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!”

QUÉBEC 

While a smaller and more recently forged operation, Torys’ Montréal office has been swiftly gaining profile, a phenomenon largely credited to Sylvie Rodrigue, who launched Torys in Montréal and now splits her time between the firm’s two offices. “Sylvie is still a leader in class actions,” voices a peer. “She is regarded as a senior litigator and has a reputation where she will take charge.” A client extols, “Sylvie is an excellent client-relationship manager and a great communicator. She always had a response to the opposition, and she did an incredible job representing me.” Rodrigue is representing Laurentian Bank in a proposed securities class action in Québec alleging primary and secondary market misrepresentations by the bank concerning disclosures related to irregularities in its securitization activities, quality-control processes and underwriting procedures. Torys made a substantial augmentation to its Montréal office and its overall class actions capacity with the addition of Anne Merminod, a rising star in the class actions bar who joined the firm from Borden Ladner Gervais in mid-2024. “This is a big deal,” voices one peer, summing up the general consensus. “Anne has become a real force in class actions. She will be there to eventually take over from Sylvie and will be a powerful duo with her in the meantime.” Julie Himo is the group’s specialist on privacy and cyber-security issues. A peer confides, “It’s not necessarily fun to be against Julie – she is a fierce advocate!”