Ontario

A relatively new entry into the Toronto litigation boutique community, Adair Goldblatt Bieber is composed of partners from several other Toronto-based firms, and has, almost immediately upon arrival, taken the market by storm. “Adair Goldblatt is really on the rise,” observes one peer. “They really seem to be making a move. They continue to develop and run a strong litigation team and are seriously interested in being good trial lawyers.” Perhaps as remarkable is the average age of the firm’s respective partners, which, in several cases, is 40 years old. Clients are equally appreciative. One confirms, “This firm has strong litigators who have experience in the area of municipal government and regulatory schemes. These types of claims are fast-paced and require a tight turnaround for receipt of legal advice, and this firm provides prompt, thorough and detailed advice to complicated legal questions in a new area of accountability and ethics at the municipal level in Ontario. They are also always available for impromptu consultations.” Another client testifies, “Adair Goldblatt is one of the firms on our preferred counsel list. The firm acts as defense counsel for litigation involving professional liability claims against lawyers. They withstood all the many, outrageous motions put forth by the plaintiff and successfully defended us and an affiliate. We really appreciated their ability to cut through all extraneous issues to get to the heart of the matter in every situation and keeping us informed every step of the way, including summaries on trial days.” The three name partners, John Adair, Simon Bieber and Jordan Goldblatt, all generate acclaim. “John Adair in particular is on my radar, whether I like it or not,” quips one peer. “Every time I’m against him I have an absolute dogfight with him.” Adair is proving his stripes in a lightning rod of a case, representing a high-ranking former Minister of Cabinet in the Saudi government who is alleged, along with a number of close family and friends and the former Crown Prince, of embezzling a massive amount of money and moving it into various offshore havens and who, once stripped of his titles and position, fled to Canada. “This is major, a case that everyone is talking about,” confirms one peer, summing up the general consensus. Bieber is universally championed among Bay Street peers. “Simon is almost unparalleled at his vintage,” raves one, who addresses Bieber as “a phenomenal lawyer who is really good at bringing in the work and also doing it, as opposed to a lot of rainmakers that are great at bringing in work but can’t really do it themselves.” Bieber is also noted as “just a good guy and a great mentor.” Several future stars among the firm’s ranks would seem to have benefited considerably from this mentorship. Julia Wilkes receives resounding and widespread praise, with one peer calling her “tough as nails, practical, great and pleasant to work with.” Another peer testifies, “I had the pleasure of being opposing counsel to her on a very bitter business dispute which thankfully we shepherded to a settlement. I was really in awe of how she handled all of that.” Jordan Katz is called “unimpeachably smart, really cool, calm and collected. He comes across well beyond his years and has a strong background in quasi-criminal cases and also in the medical field.” Nathaniel Read-Ellis is yet another of the firm’s “next-generation” level of stars. “I’ve known Nate since law school,” confirms one peer. “He is a solid litigator and very insightful. We refer each other cases. He is not one of these people who is blinded by ego, he is just all about, ‘How do we move this forward?’ He’s very professional and has maturity and civility beyond his years. He’s going to wind up with one of those ‘civility’ awards.” 

Formed in 2012 when former Osler Hoskin & Harcourt intellectual property stars David Aitken and Marcus Klee decamped from their former firm to set up their own eponymously named boutique, Aitken Klee was blessed with near-instant celebrity upon arrival thanks to the historic win on the part of Aitken in the landmark 2012 decision of the Supreme Court of Canada holding the patent for Viagra invalid. “David Aitken is THE toughest opponent to go against,” confirms a peer. “He’s as tough as nails and when he’s put on a case he’s at the top of his game very difficult to beat.” Based primarily in Ottawa, the firm has since expanded into Toronto, where Jonathan Stainsby provides a seasoned perspective on patent litigation and a canon of experience with Teva Canada Limited and Teva Pharmaceutical Industries regarding a wide variety of matters including pharmaceutical patent infringement actions and injunctions, proceedings under the Patented Medicines (Notice of Compliance) Regulations, commercial litigation and judicial review proceedings. “Aitken Klee are doing better than everyone thought they would be, once Teva experienced some well-publicized workforce reduction! It didn’t seem to affect the firm – they have retained a bunch of Teva files and they have diversified, pulling in other generics as well as non-pharma-related patent work.” As an example of this diversification, Aitken and Klee are representing Betser-Zilevitch in patent infringement proceedings relating to oil and gas technology. Klee and Stansby are representing Pharmascience in defence of Lilly’s claim for damages for patent infringement. The pair is also advancing a counterclaim for invalidity of the three asserted patents. The product is tadalafil (Cialis.) The pair is also representing Pharmascience in its claim for Section 8 damages related to pregabalin and zolpidem. Stainsby is representing Taro in proceedings under the PM(NOC) Regulations relating to the pharmaceutical fampridine. Michael Crinson, who joined the firm’s Toronto office in 2016 when his former firm Dimock Stratton was absorbed into DLA Piper, represents two Boston Scientific corporations and two LivaNova corporations in a multinational patent infringement suit.

A Toronto litigation boutique, Babin Bessner Spry is viewed favorably by all Bay Street peers familiar with it, notably several at much larger firms. “Babin Bessner is a different type of firm but very effective,” observes one peer. “We have referred them cases and would again.” Senior partner Edward Babin, a noted “lifer” who was previously with two of Toronto’s top brand names is regarded as a true trial lawyer. “Ed is almost a ‘throwback.’ You don’t see many these days with his trial experience.” Cynthia Spry, a “next-generation” partner is also a recipient of robust peer commendations. “I have a lot of confidence in her work,” states one peer. “She does commercial work and is also regularly before the Ontario Securities Commission.” Another peer testifies, “I’ve had a major file against Babin Bessner for three years, and Cynthia Spry has taken on more and more of the file.” 

Toronto intellectual property shop Bereskin & Parr generates a healthy level of acclaim from its peers in the IP capacity. “They have a good, sound model there. They have a few terrific and smart IP trial lawyers who are further supported by a crack team of highly educated science and engineering gurus.” Beyond more “traditional” areas of IP, the firm is noted for “making a big push” in two areas: cannabis and artificial intelligence. Indeed, Bereskin & Parr lays claim to having an active hand in the first cannabis trademark dispute in Canada. Joshua Spicer is making his mark through actions traversing both the “hard” and “soft” IP capacities. In the former, Spicer represented Packers Plus Energy Services in patent infringement actions for damages and accounting of profits relating to apparatus and methods of fracturing oil and gas wells. In the latter, he is acting in a trademark dispute for Canadian fast-casual restaurant and health and wellness brand, Freshii, as it is in a dispute with plant-based online marketplace, Vejii. Andrew McIntosh represents agrotech entity Arista Life Science in a dispute with another that is alleged to have sold a generic version of one of Arista’s herbicides. McIntosh succeeded in convincing the court that in this case, more than money was at stake; there would be irreparable harm to Arista’s business. On this argument, he succeeded in securing an injunction. It is also noted that “Bereskin & Parr is still active in the pharma world.” Donald Cameron is acting for ViiV Healthcare Company in a patent infringement action against Gilead Canada concerning an HIV inhibitor. “This is the first really major case that was decided before a summary trial,” observes a peer. Scott MacKendrick is acting with Cameron on the Viiv case and is active in the trademark realm as well.

The Toronto office of Cassels Brock elicits accolades from peers and clients for its diverse array of litigation services on offer, most of which center upon business-centered litigation such as securities, insolvency and general commercial. “Cassels has one of the stronger securities teams in Toronto,” confirms one peer. Securities chair Lara Jackson is regarded by peers as “the next in line behind [celebrated senior securities partner] Wendy Berman [who is currently on secondment to the Ontario Securities Commission]. She is a really good, confident lawyer.” Jackson is defending IBM against a claim by the Province of Ontario for breach of contract in respect of the delivery of a component of the Province’s Road User Safety Modernization Project. The claim involves complex contractual interpretation and factual issues involving a procurement process, technical requirements surrounding an enterprise resource planning system and the issue of whether the solution could be delivered as required using a commercial off-the-shelf integrated solution as specified in the RFP. Jackson also represents Royal Bank of Canada in two separate class actions commenced in Ontario and in the Federal Court alleging that the defendants conspired, agreed, or arranged with each other to fix, maintain, increase, decrease, control, or unreasonably enhance the price of supranational, sub-sovereign, and agency bonds during the class period. The actions were commenced in November and December 2017. Christopher Horkins, whose commercial litigation bucket contains elements of franchise law, securities and product liability, makes his debut as a future star in this edition of Benchmark Canada on the strength of vibrant peer review. “Chris is a smart, well put together, capable lawyer,” states one peer, who adds, “He is kind of a sleeper hit, who’s not someone who draws a ton of attention to himself and so probably doesn’t get the kudos that he deserves.”

A litigation boutique with Bay Street “big law” credentials (its three name partners splintered off of Torys to form this firm), the practitioners of Chernos Flaherty Svonkin have “gotten themselves a seat at the table” in the eyes of peers at much larger firms. “They are just three amazing people who really do great work,” sums up one peer, regarding the name partners. Clients are equally appreciative; one calls the firm’s practitioners “attentive, sharp and very client oriented. They are very practical and tactical and do not waste your resources or time.” Another client extols “their depth of expertise, availability to jump in on these matters on very short notice, and solutions-focused approach.” The firm is also championed for its culture, in which younger talent is being nurtured and actively featured. “I’ve seen one of their associates make submissions in court, with senior people from bigger firms across him, and I was blown away by the quality of the advocacy. I was very surprised when I looked up his year of call.”The firm’s practices span a fairly liberal spectrum but are primarily concentrated around business and commercial litigation. Some of these matters take on novel trajectories. David Chernos and Patrick Flaherty act for one of four shareholders in a multibillion-dollar privately owned real estate development firm. The shareholders have brought claims against one another for oppression that go to the entirety of the business enterprise. The case went to trial before the Commercial List of the Ontario Superior Court of Justice in November 2020 and, in June 2021,the oppression claim against the firm’s client was dismissed. Flaherty and Stuart Svonkin are defending a contempt proceeding brought against a former government official of the Kingdom of Saudi Arabia in a lightning-rod case that has ripple effects far beyond Canada and includes several related proceedings in the US. As a sanction in the contempt case against the client, the plaintiffs seek judgment in the amount of USD$3.5 billion. A peer insists, “Dealing with Pat Flaherty has left me exceptionally impressed.” A client weighs in for Svonkin: “Stuart is very attentive and service oriented. He is incredibly sharp and has worked tirelessly to service our matter. When working with Stuart I feel like he understands our business and the key risks and issues that are important to us and applies that constantly. He is always a step ahead, thinking about how to make everything as easy as possible for us. He is really fantastic.”

A global conglomerate that some speculate is “the world’s largest law firm” by volume and headcount, Dentons made an entry into the Canadian market approximately 10 years ago through a strategic acquisition of a Canadian firm and has steadily built out ever since. While it has seen growth in all of its office across Canada, the Toronto office is arguably its most visible in the commercial litigation space. Marina Sampson has the support of many Bay Street peers. “I think she’s excellent,” extols one. “She does commercial litigation but also class actions, and I have been very impressed with what I’ve witnessed from her.” In just one example of a client base composed of household names, Sampson leads a team that represents Amazon in three significant class action mandates, in addition to an existing portfolio of commercial litigation representing Amazon. These class actions touch on a variety of allegations, including competition claims. Sampson is also championed for her expertise handling matters requiring urgent and extraordinary relief, including injunctions and Anton Piller orders. In an example of this work, she acted as lead litigation counsel nationally and in Ontario to Canadian National Railway Company, succeeding in obtaining injunctions in Ontario, British Columbia, Quebec and Manitoba to bring an end to the widely reported unlawful blockade activities which took place in February 2020. Matthew Fleming, the co-lead of the firm’s global Financial Services Litigation group, was retained by a consortium of 32 airport authorities in Canada which manage and operate Canada’s airports in proposed class actions seeking damages on behalf of a proposed class of airline employees and others who allege that they should not have been charged airport improvement fees when traveling on employee travel passes. Fleming has also been retained by Honda Canada and Honda’s parent company in Japan to represent them in product liability class actions in Ontario, British Columbia and Québec seeking damages associated with alleged defects in airbag control units.

Toronto litigation boutique DMG Advocates comes instilled with instant Bay Street credibility. The firm saw its genesis in its three partners, Ryder Gilliland, HughDesBrisay and Kathryn Manning, establishing this shop upon leaving their former respective posts at Blake Cassels & Graydon. As such, DMG Advocates comes with its own built-in individual and collective fan base. “They hit the ground running and are already getting traction,” observes one peer. Gilliland is a commercial litigator who mines a niche in defamation and privacy law. “Ryder is a go-to guy if you have any media-type issue, he pretty much owns that space now, and is at the right time of his life to be there.” Beyond this specialty, the firm is juggling a workload composed of a variety of novel matters ranging from arbitrations – a noted growth area for the firm – to product liability class actions to shareholder disputes. The firm represented a media consortium in a judicial review application to unseal video of an interview with a high-profile convicted murderer; represented a Portugal-based multinational in civil fraud case involving over 10 different motions; represented a former CEO and director of a publicly traded corporation in a potential class action brought against the corporation and directors for allegations of misrepresentation and alleged breaches of the Ontario Securities Act; and continues its representation of the Canadian arm of a multinational car manufacturer in numerous class-action and product-liability claims. (One of these was a class action that is scheduled for trial in spring 2022.) The firm has also expanded its reach into the professional liability sphere, with several recent appointments exemplifying this. The firm represented four partners of a law firm being sued by a former partner in a trial that took place between July 2021 and October 2021. A relatively new partner, John Mather has attended to a diverse workload that includes appearances on the aforementioned automotive class action as well as acting as duty counsel to individuals involved in a high-profile inquiry concerning COVID-related deaths at long-term care homes. Mather is also developing a niche in cryptocurrency. 

Duncan Glaholt’s eponymously named Toronto boutique focuses on the construction industry, and is another to make its debut in this edition of Benchmark Canada, propelled by a raft of peer and client acclaim. One peer confirms, “Duncan is a fantastic lawyer, who built a marvelous construction practice. He’s my primary competition.” One client declares, “Glaholt provides the highest level of legal counseling and advocacy in resolving professional liability claims. Glaholt specializes in construction litigation and is one of the finest firms in the Greater Toronto Area specializing in this industry as well as arbitration.” Another elaborates with a lengthy rave review: “As a construction law firm, I find them highly experienced, knowledgeable and efficient with contracts as it pertains to the field of architecture, always meeting any tight deadlines we may impose. The partner we deal with was trained as an architect before pursuing law, and this understanding of our business is extremely beneficial in the work they do for us. A great benefit of developing this relationship with Glaholt is having the opportunity to participate in their seminar sessions and podcasts as it pertains to the construction industry so that we can elevate our internal risk awareness and knowledge base. In addition to these learning opportunities, Glaholt has also lectured to staff at our office on topics relevant to risk and liability issues in our industry.” Beyond the firm’s namesake and figurehead, others, at a more junior level, are making their mark. Andrea Lee has earned her own client plaudits. “Andrea is excellent to work with. Her level of knowledge and responsiveness meets our expectations fully.” Lee represented Vestacon, who registered a claim for a lien valued at over $1.9 million for construction services and materials supplied as general contractor to improve tenanted premises owned by two corporate entities.

A Bay Street institution, Goodmans wins plaudits from appreciative peers who cheer the firm as “an excellent litigation team, particularly in the areas of commercial litigation and insolvency.” Historically the domain of some more dominant senior partners who have since gone to the bench, others have taken over with aplomb and are making their mark. One client raves, “David Conklin provided excellent advice to handle litigation raised by the company in which we were shareholders, to have baseless litigation dismissed or handled in a cost-effective manner consistent with our strategic goals.” Andrew Brodkin, who occupies a significant intellectual property space, is called “the heir apparent” in this area in the light of some more senior partners stepping back. A peer muses, “I once saw a judge compliment another IP lawyer by telling him, ‘Now you’re thinking like Brodkin!’” Howard Wise is one of the firm’s noted practitioners in the construction and infrastructure capacity “Howard concentrates primarily on sub-contractors,” offers a peer in this capacity. “He’s got a big case he’s running in New Brunswick right now. “

A full-service firm with a pronounced emphasis on litigation, Lerners sets itself apart from many other firms in Ontario. Its origins lie in London, where it still houses a healthy percentage of litigators and enjoys a stature on par with its Toronto counterpart. It is also one of the few litigation shops to offer a range of services falling outside of the typical stream of Bay Street corporate-driven work, attending to matters including health law, professional liability, family law, and personal injury. In the Toronto office, Anne Spafford represented a paediatrician in a prosecution by the College of Physicians and Surgeons of Ontario against the client alleging sexual abuse. The charges were dismissed. She also represented a cardiologist in another prosecution by the same body alleging the client’s practice breached the standard of care in several respects. The charges were dismissed. Also in Toronto, Angus McKinnon is representing the defendant in a complex insolvency proceeding in the context of orphaned and abandoned gas wells and the Receiver’s right to abandon non-economic wells. He is also representing the defendant in a complex multi-party/multi-jurisdiction series of class actions involving allegations of price fixing in the auto parts industry. Cynthia Kuehl represented Clublink, the owner of a golf course in a dispute, wherein Clublink sought to demolish the golf course and turn it into a residential community. The Town of Oakville opposed this request, as the golf course, and the property on which it is situated was designated as a heritage site, under the section 29 of the Ontario Heritage Act. At issue was whether or not the golf course was considered a structure; the court found that the golf club was not only comprised of structures, but is also in itself a structure which includes all of the land, and Clublink’s application under Section 34 of the OHA was granted.

McMillan’s Ontario litigation team, distributed among its offices in Toronto and Ottawa, attends to a diverse variety of litigation matters and covers a broad range of practice areas. Toronto, the firm’s largest office, houses some of the firm’s marquis partners that are considered leaders in several practice areas, including competition, product liability and securities. This office also houses the firm’s core strength in the arbitration space.
     Robert Wisner is the co-chair of the arbitration group and focuses primarily on international arbitration, with an even balance of commercial and investor state arbitration, with a good deal of this concerning the energy industry. Brad Hanna is another co-chair of the arbitration group, with a more domestic focus. Adam Chisholm attends to a diverse commercial litigation practice that touches on elements of securities and intellectual property. “Adam Chisholm and Ben Bathgate have made some inroads into the crypocurrency space,” confirms a peer. “Adam is fielding a call a week from potential new clients regarding lost crypto or NFTs and how they’re going to be regulated by the Ontario Securities Commission.” Jeffrey Levine manages a blend of commercial and securities work, with peers taking note of his presence on several recent high-stakes multi-pronged disputes. “Jeff was on the recent case regarding iAnthus, the cannabis entity that missed a default payment,” testifies a peer. “This was a huge securities matter that turned into a class action and there were some insolvency aspects as well.” Jason Annibale is noted for a thriving construction practice that finds him in a lead counsel role on numerous novel (and largely confidential) commercial property and infrastructure disputes.

Paliare Roland Rosenberg Rothstein earns a pride of place amongst Toronto firms for its litigation pedigree. Peers (throughout Toronto and beyond) are nearly unanimous in their praise and appreciation of its practitioners. One peer testifies, “Paliare is on the other side of a pretty big case from us, which is pretty typical. That firm is always in the running on some of the bigger and more difficult cases.” Another confides, “If a lawyer from Paliare is on a case, you can almost feel the advantage they have in court,” concedes one peer. “Judges seem to trust them implicitly, and they earn praise even when they lose.” The firm is also a recipient of thundering client testimonials as well. One client confirms, “We changed counsel at the end of our case, as we were unhappy with our previous lawyer. The Paliare team displayed a quick and accurate grasp of the complex matter involved in the dispute. They were able to step in last minute and win the case for us.” Another declares, “[They are] Professional, responsive, good advocates. [They provide] practical advice and [their] communication is excellent, research is thorough, arguments are well articulated, and rates are competitive for Greater Toronto Area.”
     While the firm attends to a varied basket of work, the firm occupies a near-dominant position in employment law space, with almost all of its practitioners having at least some experience with these types of cases. “Considering that they are not exclusive to this practice like an employment law boutique, Paliare is one of the most uniquely positioned to handle that work, and they do it quite often.” Lindsay Scott, a newly listed future star, is representing Guestlogix in a pending appeal before the Ontario Court of Appeal regarding the intersection of releases contained in plans of arrangement under CCAA and employment law termination obligations. This case will be one of the first to clarify whether claims for common law reasonable notice ostensibly released under CCAA plans can be considered in the assessment of a reasonable notice period for post-CCAA termination of employment. Scott and Ken Rosenberg act for several individuals, plaintiffs in an action against the clients’ long-time accountant and trusted advisor for his alleged multimillion-dollar theft from the family matriarch during her life and after her passing, and related misconduct. The plaintiffs also sued RBC Dominion Securities, some of its current and former staff, RSM Canada and some of its current and former staff, for their role in the alleged wrongdoing. Rosenberg, Scott, Odette Soriano and Jeff Larry compose a team that acts as class counsel in a certified class proceeding in which they recently obtained judgment in favor of the class. The class members are holders of registered accounts at BMO Nesbitt Burns and BMO InvestorLine who allege that, between 2001 and 2011, those companies charged undisclosed fees on foreign exchange transactions in their registered accounts. The Court ordered disgorgement of the profits the defendants generated on the approximately $102.9 million it obtained in breach of trust and breach of fiduciary duty, with the quantum to be determined at a subsequent hearing. Scott and Larry also represent Nabis Holdings in a case involving the alleged breach of a support agreement by Nabis debtholders to support a plan of arrangement. In the lead-up to a condensed trial on the Commercial List on short notice, the Paliare pair successfully settled this case out of court in October 2021. Peer review is also strong for another future star making his debut in this edition of Benchmark, Ren Bucholz. “He was at Lenczner Slaght and is really good,” asserts a peer. “He’s on the same side as us in an oppression real estate case and is a great young lawyer.”

Toronto boutique Pape Chaudhury is a two-partner shop that has forged a maverick position and left an impression on the community. Several peers voice appreciation for its model which, some concede, is increasingly coveted. Clients are not short on praise, either. One raves, “The firm has successfully concluded a motion for directions which included complex legislative interpretation and public policy debates. The team is very smart and masterful in their written and oral submissions.”Historically the domain of Paul Pape, a no-nonsense barrister who built and cultivated what was previously Pape Barristers entirely on his own, the firm developed into its current formation in 2018 when Shantona Chaudhury became a name partner. Chaudhury, who joined Pape’s firm in 2009 as a brand-new lawyer, has blossomed into one of Toronto’s most promising young litigators. “Shantona is the real deal, you don’t get to work beside Paul Pape AND especially get your name on the door unless you can deliver,” testifies a peer. Pape Chaudhury’s approach allows it to take on a diverse basket of work, much of it novel in nature. The firm has developed a niche in appellate work, boasting a streak of seven straight wins at the Ontario Court of Appeal. “That’s kind of unheard of,” marvels a peer. “Anyone can do an appeal, but can you WIN them? And that many?” Although primarily known for its appellate work, the firm, and Chaudhury in particular, is also involved at the trial level. Chaudhury has been retained on certain class-action cases, which are typically, but not exclusively, in the plaintiff capacity. Chaudhury also acts for the Law Society of Ontario. The firm is also noted for its increased presence in the insurance space. “They have been acting for insurers on a fairly regular basis,” confirms one peer, clarifying, “but this is not your typical run-of-the-mill insurance defense deep-discount work. This is more like bespoke work that requires more legal ‘neurosurgery,’ so it’s a good fit [for Pape Chaudhury.]” In a recent example of work illustrating this prowess, the firm successfully acted for an insurer to address the question of whether or notthe defendant insurance company waived the plaintiff’sforfeiture of its rights when it did not purchase a replacement property within the timeframe allotted in a settlement agreement and whether the plaintiff was otherwise entitled to relief from forfeiture.

Toronto litigation boutique Polley Faith continues to see its profile rise, with its partners attracting a steady stream of glowing peer and client review. “Those guys are just amazing,” extols one peer in summation. Another elaborates, “They are all ex-McCarthy [Tétrault] people so they come with a prestigious pedigree. They were bred as trial lawyers and that has paid off for them big time. They get some really impressive work, especially for a firm of their size and relative youth.” One peer even asserts, “They are knocking on the door of your top-tier firm rankings for sure. I would keep an eye on them over the next year or two – in terms of just sheer skill set they are highly recommended already.” Clients are also appreciative: one declares, “The Polley Faith lawyers are very flexible and capable of thinking outside the box. They have a deep team of competent staff and working with them is a pleasure. I am consistently impressed by the quality of the work.” Another testifies, “This is a wonderful firm that assisted us with a dispute we were told was impossible to win. We did win, and we won fast and decisively, and that was because the firm drove strategy from the start and had a good and clear vision of how we could win.” Bucking a global phenomenon of challenges to growth and talent retention in the wake of the COVID pandemic, Polley Faith continues to foster homegrown talent, with two new partner announcements as of January 2022. These come hot on the heels of another recent addition to the partnership, Jeffrey Haylock, who achieved that status last year and has been actively involved in litigation and arbitration work. Mark Polley represented Sienna Senior Living, whose participation in Ontario’s Long-Term Care COVID-19 Commission involves both informing the commission about the measures Sienna took in response to the pandemic and also providing recommendations as to how the long-term care sector can improve during the pandemic’s second wave. Polley played a role in assisting Sienna in navigating this process by ensuring that it is prepared to respond to any questions or requests from the commission. In another COVID-related matter, Andrew Faith represented the Association of Professional Engineers of Ontario. The appeal to the Divisional Court successfully resulted in the overturning of various legal and factual errors made by the Discipline Panel in finding that an engineer was not guilty of professional misconduct. 

Toronto litigation boutique Ross Nasseri is one of the newest arrivals to the Bay Street legal community and since its formation has been nothing short of a market disrupter; the firm has generated a steady stream of peer recognition and has clients turning out in full throat to voice their appreciation for its services. “They have been very aggressive on marketing and other initiatives since their formation,” confirms one peer, “so the word is definitely getting around. But it’s not just fluff – they’ve earned their notice through hard work and they are legit.” Another supports this with a testimonial: “This firm represented a client for whom we also acted as co-counsel. I found the firm's legal judgment, work ethic and professionalism to be extraordinary and they skillfully guided our mutual client through very a difficult liability issue. This firm demonstrates extremely elevated knowledge in appellate advocacy and the rules applicable to administrative tribunal advocacy. I would consider these to be some of this firm's outstanding attributes. An outstanding firm with ethical, hardworking lawyers from start to finish.” The firm, noted as being on “an impressive hiring spree,” is largely comprised of lawyers who have trained at large law firms – notably McCarthy Tétrault – and other smaller firms like Pape Chaudhury, which has imbued the practitioners with an impressive pedigree while now enjoying the autonomy of a model that “allows them to service their clients with the level of personal touch, creativity and professionalism that is truly unique, and also at a more accessible price point.” Indeed, several appreciative clients lend their support to the firm’s talents. “The Ross Nasseri lawyers remained in close contact through what was a high-stakes contract negotiation for me,” offers one client, summing up a broad consensus. “This helped me feel at ease and confident that our approach would work, and ultimately it landed in a contract that was very favorable in risk profile and allowed me to carry on leadershipeffectively amidst a rapidly evolving landscape. They also provided reliable, experienced advice. The team has extensive experience in medical practice and professional liability, and could reliably bring up examples, previous cases, and other references when I asked specific questions about potential scenarios.” Exemplifying the “youthful energy and entrepreneurialism” illustrated by Ross Nasseri, one of the firm’s name partners on the younger end of the spectrum, Justin Nasseri, represented PEN Canada, an intervener in a constitutional challenge to a "false statements" prohibition in Canada's federal election legislation. “Justin is both a former McCarthy’s guy and also came up under [celebrated Toronto barrister] Paul Pape, so you can bet he got excellent training,” asserts a peer. Praise for Nasseri is robust; one peer and former collaborator insists, “In my opinion, Justin is an exceptional advocate, a 'one in a million' type, and any client would be lucky to have him in their corner. A natural advocate with an instinct for identifying and preparing winning arguments, and deep experience in appellate advocacy, Justin took the lead in crafting a strategy for a very challenging, complex and precedent-setting appeal. He then presented our case to the court in the most compelling way, in both his written briefs and oral argument. It was truly amazing to witness his command of the case at all stages. In the end, we secured a crucial victory for the client. In my 14 years of Bay Street practice, his was one of the best advocacy performances I have seen.” Mark Ross is addressed as “the more seasoned and street-savvy counterpoint, who does a lot of ‘criminal-adjacent’ work.” A client stresses, “Mark didn’t sugar-coat anything. He was straightforward and, as a client, we really appreciated this.” One of the firm’s newest partners, Jacqueline Cole,also receives rave reviews. “I recently worked with Jacqueline Cole on a complex matter where we required her advice on mitigating litigation risk and resolving disputes among over 100 parties. Jacqueline provided outstanding legal advice that was practical from a business perspective. She provided timely responses and articulated her positions succinctly and well.” 

Toronto boutique Roy O’Connor has, since its genesis in 2004, etched itself a position as an independent player in the market, free to straddle a mix of plaintiff and defense capacities. In particular, David O’Connor receives a pronounced level of praise for his role in some of the most hotly contested class-action matters in Ontario. “David is basically running the firm these days from the plaintiff class-action perspective,” observes a peer. “He has a great combination of youthful energy and beyond-his-years experience, which greatly behooves him in taking on cases that involve real risk, particularly in the plaintiff role. Many others have tried to do what he does and ended up looking like complete fools, just shooting in the dark and hoping their weak arguments take root. David, meanwhile, takes a very creative tack and it works.” O’Connor triumphed in his key position in the class-action claims of unpaid overtime against several banks and has more recently been working with a consortium of leading plaintiffs’ counsel firms across Canada in the Volkswagen emissions class actions. Another peer observes, “David has certainly been fearless in taking on the banks, but he also has taken on cases of a much more diverse nature.” In one such recent example, in late 2020, O’Connor launched a case against the City of Thunder Bay for the use of sodium hydroxide in the water that allegedly led to pipes leaking. O’Connor also initiated a case against Bell concerning internet service plans in rural areas, for which the price paid is the same as those in urban areas while the service provided is alleged to be vastly inferior. Peter Roy continues to generate plaudits for his work in commercial and directors and officers liability insurance work. “Peter Roy is a true trial lawyer,” voices a competitor. “He has made a name for himself as someone who attracts clients who are not afraid to roll the dice and take matters all the way if they feel they are suffering an injustice.” Roy recently triumphed in a significant appeal on behalf of a prospector for royalties concerning diamonds. While the two name partners command the most visibility, peers also weigh in for Sean Grayson and Adam Dewar. Grayson maintains a diverse portfolio that includes D&O class-action defense work as well as some “under-the-radar securities regulatory work.” Dewar attends to primarily class-action work, in the defense and plaintiff capacities. “Sean is excellent,” insists a peer. “I have been opposite him and it was a great match, it was such a pleasure working with him and sparring with him. He is so rock-solid, with great judgment.” 

A Toronto boutique, Rueters is the eponymously named firm established in 2003 by commercial litigator Bob Rueter following his departure from Stikeman Elliott. “Rueters is a group with a culture of ‘go-getter’ entrepreneurial spirit, with young partners who have been groomed separately and internally. In Bob Rueter, they have a senior figurehead with brand-name recognition.” The firm acts for a lot of small to mid-sized companies, in both the litigation and advisory roles. The firm is noted for its increasing involvement in private arbitrations, particularly concerning real estate. Rueters is also observed to have “developed inroads into a lot of the Chinese Canadian market.” While Rueter remains the namesake and rainmaker, peers note that “Bob at this point is entrusting his younger partners with a lot of the legwork, which is a smart move.” At the younger level, Sara Erskine, who joined the firm in 2006, is emblematic of the “young go-getter” demographic. Erskine attends to a broad practice encompassing commercial disputes, securities law, labor and employment law, administrative law, constitutional law and class-action litigation. Erskine is acting for an estate in a contractual dispute regarding a share of approximately $135 million in net profits of a land development. “Sara is very responsive and brings whatever resources are required to the table as needed, but manages the overall service,” attests a client. A noticeably growing number of peers is standing in agreement with one’s assessment: “We have a lot of time for Malik Martin, he is definitely getting a name for himself and building a strong practice on his own.” Barry Weintraub is also championed by a client as a “dedicated professional, with excellent listening and interpretation skills, and integrity that is visible at all times.” This client extrapolates further, “For us failure was not an option and Barry delivered in court. As well, I believe he changed how the court now views environmental impacts in Ontario in relation to the Ministry Of Environment own guidelines for minor releases with little or no impact.”

Plaintiff specialist outfit Siskinds operates out of a head office in London, as well as in Toronto and two additional offices in Montréal and Québec City, giving it more comprehensive coverage than most firms with its business model. "Siskinds is still one of the top-drawer go-to shops for plaintiff work," confirms one Bay Street defense lawyer, who goes on to quip, "No one has been more committed and dedicated, and frankly, no one has been a more constant pain in our you-know-whats. They are attack dogs – that's their job, and they are very devoted to it." Domiciled in London but recognized all throughout Ontario and beyond, Charles Wright is co-lead counsel in the Canadian chapter of the saga of the Volkswagen diesel emissions litigation. He is also co-lead counsel to plaintiffs in foreign exchange manipulation, and co-lead counsel to the plaintiff class in multiple auto parts price-fixing litigation. In each of these litigations, hundreds of millions of dollars in settlements have been secured.

Waddell Phillips came into being when Margaret Waddell launched the firm with seasoned barrister John Kingman Phillips as a purely litigation-centric boutique free to take on a diverse spectrum of work in either the plaintiff or defense capacities. Peers are enthusiastic about the firm’s promise; “This is an excellent plaintiff-side class-action firm, and Marg in particular is a leader of the bar in this area.” Waddell is lead counsel for plaintiffs in an ongoing case concerning the approval of a unique form of third-party funding, with an underlying issue of defective medical device and failure to warn. She is also lead counsel in an ongoing case concerning systemic negligence and breach of fiduciary duty regarding a teacher at an esteemed ballet school taking nude photographs of students and selling them online. More recently, Waddell filed another class action against a local neurologist who allegedly kept video cameras in his facility that were purportedly used for “before-and-after” breast augmentation photos but then were distributed without consent. A peer supports Waddell’s stature, “She was on the other side of a securities class action from us, and we found her bright, thoughtful and credible. She has the respect of the bench, which is incredibly important on the plaintiff side. She had a big win in the Winnipeg Ballet action, which I believe was the first win in her new space.” Phillips has his own fan base as well. “John Phillips is a true dyed-in-the-wool barrister, with a lot of strength and heart. He does a lot of the First Nations work, which are big, long, complicated cases, and you often have to wait a while to get paid on them.” Phillips also recently settled a case with Transport Canada on behalf of an employee client who claimed sexual harassment as well as hostile workplace allegations in the wake of the distribution of a music file that was altered with racially offensive lyrics. Cory Wanless was welcomed into the firm partnership last year and has hit the ground running, building a relatively new practice that focuses on human rights and corporate and police accountability. Wanless has pursued this path with dogged aplomb. In an example, Wanless is leading litigations against a Canadian mining company that was alleged to have engaged in egregious behavior in Guatemala including violence and rape. Wanless is also leading matters concerning alleged racial profiling in various capacities of local law enforcement, including a recent case concerning a First Nations individual who allegedly refused to comply with police orders while bicycling, stopped to enter his home, and was subsequently tased (along with his brother, who arrived to protest this treatment.) Waddell Phillips remains in growth mode; the firm added Peter Henein from Cassels Brock & Blackwell to its ranks as of March 2022. Henein has been long noted for a unique practice that blends commercial litigation with intellectual property.  

Toronto’s Wright Temelini takes “litigation boutique” to a new level. There are only two partners at the firm after six years. “They have an interesting little niche,” observes a peer. “They do white-collar crime and securities, and they thrive on high-stakes litigation.” The firm is also noted for “not wanting to be so wrapped up in the billable hour that they are not able to take cases involving issues of justice. They’ve got quite a few insider-trading cases, and these are coming because of expertise. A lot of industry referrals are coming along with the standard client conflict referrals.” Another highly touted boutique in the Toronto market notes, “They are definitely worth your consideration. They are fantastic people, very solid, our go-to referral in this [securities] area when we want someone who knows their stuff and is not going to take the client to the cleaners financially. They take the client relationship very seriously too, it’s not commoditized services, which is sometimes a real risk.” Enjoying her fourth annual placement among both of Benchmark’s Top 50 Trial Lawyers in Canada and the Top 100 Female Litigators in the country, Janice Wright is a favorite of peers. “She does quite a few insider-trading cases. If I had a white-collar case, she would be my first call.” Wright’s reputation extends to the bench as well; “Janice is old-school, and she has enough credibility with judges to get away with her no-bullshit demeanor.”