Ontario

Review

Dispute resolution
Adair Goldblatt Bieber

Adair Goldblatt Bieber is composed of partners from several other Toronto-based firms, and has, almost immediately upon arrival, taken the market by storm. Although a relatively new arrival to the Bay Street boutique scene, the firm has since developed into a litigation powerhouse. “The Adair team has grown up quite a bit,” stresses a peer, “and they’re all good!” Despite the observations alluding to the firm’s market maturity, the individual partners themselves each illustrate an enviable level of relative youth. “I think the oldest people at that firm are still in their forties,” offers a peer. “And I know they’ve got some great partners over there who are well below that who are working hard and getting great cases.”
     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. Adair is also litigation counsel to the main parties in a protracted and hard-fought dispute concerning ownership of condominium properties throughout Toronto, including the landmark mixed-use development “The One” at Bloor Yonge Streets in Downtown Toronto. 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.” Bieber represents Chubb in an action commenced against the insurer by PwC, the court-appointed receiver for embattled and since-collapsed Bridging Finance, for indemnity coverage of $90 million under Chubb’s fidelity bonds that were issued to Bridging from 2020 to 2022. Goldblatt is lead counsel to the representative plaintiff in a class action, certified in March 2022 following 10 years of litigation, alleging misfeasance against the Government of Canada in its sale of Canadian Wheat Board and seeking $150 million in damages. Beyond the name partners, several of the alluded-to “next-generation” stars are making their mark. Nathaniel Read-Ellis represents Avtal Investments in a dispute over post-closing earn-out payments arising from a share-purchase agreement and concerning the scope of authority of an expert under a contractually agreed expert-resolution process. A peer insists, ““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.” Robert Stellick, who made his debut as a future star last year, continues to attract acclaim from peers. “He is emblematic of where more young litigators need to be going,” opines one. Stellick acted for an applicant in an urgent oppression-remedy case. Julia Wilkes recently made the leap from future star to litigation star. “Julia is a real star,” asserts a peer. “She brings brains and just the right demeanor for the cases she handles. She’s tough but still pleasant and fair, and she’s as responsible as anyone for carrying the excellence of that firm’s brand.”

 

Aitken Klee
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.
Babin Bessner Spry

Babin Bessner Spry has tended to its status as a corporate commercial litigation boutique since 2009, when it formed as what has been referred to as a “Torys/Davies [Ward Phillips & Vineberg] offshoot.” More specifically, Babin Bessner is regarded by community contemporaries as a shop “giving big-firm service with boutique tweaks.” The firm’s client base is an even mix of entrepreneurial developments and referrals from “customers who are not necessarily getting the attention they would like with the bigger firms.” Founder Ed Babin is a revered courtroom presence, a stature solidified in Benchmark’s Top 100 Trial Lawyers category. “Ed’s ‘happy place’ is trials,” insists a peer, who goes on to stress, “Ed is a really tough litigator and really hard on the issues but [is] very kind with the people he deals with.” Among other matters, Babin represented a class of current and former Canadian major-junior hockey players in an appeal to the Federal Court of Appeal in a proposed class proceeding against the largest professional ice hockey leagues in Canada and the US, including the NHL, the AHL and others, seeking damages of $825 million for an alleged competition conspiracy. Ellen Bessner “has a different practice than the rest of them – she’s more securities regulatory,” confirms a peer. “She acts for brokers or dealers of securities that are investigated and maybe prosecuted by the OSC. She also does some acting for individuals.” Mike Bookman makes his debut as a future star in this edition. “Mike just made partner, and for the longest time, that firm kept a very tight lid on the partnership, so that’s a big step for him,” declares a peer, who notes, “We’ve come across him in shareholder disputes.”

 

Baker McKenzie

The Toronto outpost of global juggernaut Baker McKenzie has made a considerable impression in a short period of time, a remarkable feat considering that much of its litigation activity revolves around disputes that don’t specifically involve traditional “Bay Street” issues. “Baker McKenzie has remarkable bench strength and can mobilize strong teams for complex cases that require different kinds of legal acumen,” testifies a client. “For example, I have personally encountered them in complex commercial arbitrations and lawsuits where their clients would undoubtedly need lawyers with strength in employment, trial advocacy, tax, and regulatory law. They have the bench strength to mobilize a team and meet all of a client's needs, at a standard of excellence.” On an individual basis, a client notes, “I was very impressed with Michael Nowina and John Pirie. [They were] smart, results focused and practical.” Pirie is specifically championed for his white-collar work as well as his courtroom prowess. “John provides sophisticated advice in the areas of fraud and white collar that I work in. [He’s a] Very seasoned lawyer, amongst the best I have worked with. He is an excellent communicator and [has] deep knowledge of the law, while also [being] very skilled at simplifying matters. He has a very even temperament and is a great negotiator.” Another offers a glowing and comprehensive accolade: “John is amongst the top trial lawyers in Ontario. He is often lead counsel in complex and high stakes trials and takes charge of the file for the client's best interests. He is able to do exactly what top trial counsel do - formulate the trial strategy and execute it while at the same time being able to be fluid and flexible to make real-time decisions while in trial when new events happen. What's not published is that John is also an extremely accomplished arbitration lawyer – something that feeds into why he presents so well when he takes cases to trial in a courtroom. His arbitration experience includes acting in a dispute over operational rights for a US-based railway and another case where he acted for a global space company in a dispute concerning the supply and functionality of a satellite. He is also widely recognized as a leading expert on fraud litigation and asset recovery.” George Avraam also earns commendations from clients. One extols, “George is an exceptional lawyer and leader. His command of both labor and employment law and his approach to mentorship and talent development is outstanding.  He has invested significantly in his relationships with us and the service he provides reflects that deep investment. When George is working for you, you truly feel like you are the most important client with every interaction. He has built a great team, and he enables their work while still ensuring the expected level of service, advice and representation. David Gadsden is noted for his class-action practice. “David is a very bright lawyer, with solid judgment and strong advocacy skills,” states a peer, who insists, “I would recommend clients to him in a heartbeat.” Gadsden represents Air Canada loyalty entity Aeroplan against class members alleging claims of fraud, conspiracy, deceptive marketing and breaches of competition and consumer-protection legislation. This proposed class action is brought on behalf of members of Aeroplan, Air Canada's loyalty rewards and recognition program, who claim that they had bonus points “clawed back” as a result of getting issued a second Aeroplan card.

 

 

Bennett Jones

Bennett Jones’ entry into the Toronto market has proven “enormously successful,” with a deep stable of litigators that not only rivals that of its historic Alberta counterpart but also rivals that of many other of its more historically entrenched peers on Bay Street. It is also observed that “Bennett Jones is more specialized than a lot of other firms of its position,” with class actions, securities, intellectual property, competition and even environmental work part of the firm’s overall composition. Robert Staley, a securities-based partner with a reputation for a “cowboy” approach to trials, acts as representative counsel for the investors/unitholders in funds managed by Bridging Finance. As a result of an investigation conducted by the Ontario Securities Commission, proceedings were commenced against the Bridging funds to seek to have PwC appointed as Receiver of the funds. Staley also acts with class-action luminary Cheryl Woodin act for crypto platform Coinbase in a novel claim concerning the application of Canadian securities law to crypto-currencies and other crypto-assets. In this putative class action, the plaintiff alleges that the crypto-assets traded on the Coinbase platform are "securities" such that Coinbase was required to be registered as an investment dealer under the Ontario Securities Act. The Bennett Jones pair brought a motion challenging the jurisdiction of the Ontario courts over the action and the substantive applicability of the Ontario Securities Act to the crypto-assets available on the Coinbase platform. An appeal from the Court’s jurisdiction decision was heard in January 2025. Another universally revered class action partner, Mike Eizenga, acted for the Canadian Hockey League, the Ontario Hockey League, the Western Hockey League, the Quebec Major Junior Hockey League, and the 60 major junior hockey teams operating within the leagues in a class action alleging abuse and hazing of players since the inception of the leagues in 1965, brought on behalf of a putative nationwide class of former and current major junior hockey players. It’s also been observed that “Mike Eizenga is spending about half of his class-action practice in Vancouver these days! He’s getting in on all the action out here. I see him around and I say, ‘Mike, what are you doing out here? You’re not a Vancouver lawyer!’ But apparently, he’s in demand around these parts.” Dominique Hussey, a celebrated IP-focused partner, has made a swift ascent in profile, becoming the firm’s national managing partner in 2023. “For a woman of her vintage, that is a real milestone,” declares a peer. Hussey represents Amgen in five patent infringement actions initiated by plaintiffs Bayer and Regeneron Pharmaceuticals.

Borden Ladner Gervais

Borden Ladner Gervais’ Ontario presence is fortified by offices in Toronto and Ottawa, both stocked with versatile litigators attending to various specialties. These locations are particularly revered for the diversity of practices, covering health and medical, insurance and public law – areas in which the firm has been particularly dominant – as well as both domestic and international arbitration, construction, commercial litigation and securities.
     The Toronto office elevated its stature in the securities space with a high-profile win for Cormark Securities in a thorny matter in which the Ontario Securities Commission (OSC) alleged that Cormark and various other individual and group defendants engaged in illegal distribution of securities, failed to act in good faith and conducted themselves contrary to the public interest regarding certain transactions initiated by the defendants facilitating the 2017 exchange listing of cannabis entity Canopy Growth Corporation. The OSC claimed this series of transactions constituted an illegal distribution of Canopy shares without the required prospectus. Led by securities star David Di Paolo and future star Graham Splawski, the Borden Ladner team argued that the transactions did not constitute an illegal distribution, emphasizing that the restricted shares remained within the regulatory "closed system" and were distinct from the freely-trading shares sold on the market, demonstrating compliance with the law. This argument proved successful when, in November 2024, the Capital Markets Tribunal rejected the OSC’s claim. This landmark win further augmented the already celebrated status of the two lead partners. “Dave Di Paolo is an excellent lawyer, with excellent oral advocacy” declares a peer. “You see him a ton in the securities space, and I’m seeing a lot more of him lately. He’s very strategic. Graham Splawski is also a real up-and-comer, who’s generating a lot more notice.” The Toronto office is also home to one of the firm’s most championed arbitration practitioners, Hugh Meighen. “Hugh has great international chops,” states a peer, who goes on to mention, “He got training at [Magic Circle UK firm] Freshfields in London, and he is a very well respected guy.” Caitlin Sainsbury is another favorite of the Toronto legal community. “We are big fans of Caitlin,” claims one securities-focused peer. “She really knows her way around the competition and the securities spaces, which is rare, especially for someone of her vintage.” Nadia Effendi is also lauded for “fierce dedication to advocacy in the public law space.” Effendi “came up with [celebrated appellate star and Borden Ladner counsel] Guy Pratte and has since taken on her own cases with aplomb.”

Cassels Brock & Blackwell

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.”

Chernos Flaherty Svonkin

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.”

Crawley MacKewn Brush

A Toronto boutique with a distinct focus on securities and regulatory actions, Crawley MacKewn Brush generated vocal appreciation from clients and contemporaries. “Crawley MacKewn is a fantastic team of smart, strategic lawyers who handle securities litigation and regulatory matters at the highest level,” testifies one client. “They’re not just great at the law—they really understand the complexities of securities regulations and know how to navigate tough cases with confidence. What makes them stand out is their client-focused approach; they’re responsive, proactive, and always thinking a step ahead. Whether it’s dealing with regulatory investigations, disputes, or compliance challenges, they bring sharp legal skills and practical solutions.” Another client declares, “They are highly respected lawyers who have credibility with securities regulators. They are very cost-effective and efficient, and they do not overwork matters yet provide excellent results.” The firm is also said to be going from strength to strength at both the senior and “next-generation” levels; exemplifying the former category, the firm added seasoned securities luminary Linda Fuerst to its bench last year, and illustrating the latter, younger partners such as Dana Carson, Kate McGrann, Clarke Tedesco and Michael Byers are all seeing swift ascents in profile. Fuerst is acknowledged by a client as “very experienced and thoughtful, with great client-relationship management skills and great credibility with the regulatory authorities.” A client calls Carson “a tireless and fearless advocate. She brings a sophisticated approach to commercial litigation and is a subject matter expert.” Melissa MacKewn is championed by peers and clients alike as “a force to be reckoned with.” One client specifies, Melissa is sharp, strategic, and a pleasure to work with. She knows the law inside and out, handles complex issues with ease, and always stay one step ahead. On top of that, Melissa is responsive, thoughtful, and genuinely great with her clients.” In one of the most talked-about securities actions of the year, MacKewn and Carson successfully represented Cormark Securities’ Head of Equity Capital Markets Jeff Kennedy in an enforcement proceeding by the OSC alleging that Kennedy was part of an illegal short-selling scheme in connection with a $24.25 million private placement completed by cannabis entity Canopy in March 2017. In a stunning rebuke to the OSC, the Capital Markets Tribunal found that the transaction, including Kennedy’s role, was entirely lawful. Alistair Crawley, along with Tedesco and Byers, is counsel for the plaintiff in a certified class action seeking damages relating to the collapse of a high-risk ETF that attempted to earn income from the purchase and sale of volatility futures. Robert Brush is another celebrated figure in the securities community. “If you ask anyone about him, I’d be shocked if it wasn’t unanimous praise,” asserts one such peer. Another testifies, “I had a piece of securities litigation at the OSC a few years ago. We trying to block a go-public transaction. Rob Brush was on the other side, along with about 15 partners from big firms, and Rob was easily the best person in the room.” Brush and Tedesco are defending one of Canada’s largest independent investment dealers in a $450 million action alleging an illegal conspiracy among various market participants and professionals to launch a short-selling attack on the plaintiff Callidus Capital by making false complaints to the OSC that would subsequently be published by newspapers, harming the plaintiff’s stock price.

 

Dentons

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.

DMG Advocates

Toronto litigation boutique DMG Advocates comes instilled with instant Bay Street credibility. The firm saw its genesis in its three partners, Ryder Gilliland, Hugh DesBrisay  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. The firm is also observed to be in growth mode; the headcount is up to 10 lawyers, with two of these being relatively new partners Katey Pulfer and Corey Groper. Pulfer, a former junior of Gilliland’s at Blakes, attends to a mix of labor, arbitrations, and the defamation work that has been a historical calling card for the firm. Groper meanwhile comes equipped with a white-collar background and is working to push a fraud-related agenda, a new frontier for the firm. 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.” Gilliland is also getting an increasing level of appointments as a neutral arbitrator, a phenomenon that peer attest “really lends to his credibility, especially at his [relatively young] age point.” 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. Manning is focused primarily on shareholder disputes work and has also been growing her arbitration practice, which was further enhanced by her recent qualification to conduct neutral arbitrator work. 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. Mather has also been developing an inquiry-related practice; this burgeoning practice was given a significant boost in profile with his representation of a justice in an inquiry regarding the “State of Emergency” act introduced by government to address the controversial Freedom Convoy, which blockaded Canadian roadways in early 2022 to oppose COVID vaccine mandates. The Commission tabled its report in February 2023 “This is a real feather in John’s cap,” opines a peer. “He’s getting to be one of the busiest and most diverse people [at DMG.]” This forecast proved correct; Mather makes the impressive leap from future star to litigation star in this edition. Bolstering his reputation as a go-to for inquiries, Mather is also working for the Center for Free Expression on a matter concerning whether or not China and Russia meddled in Canadian elections. Mather makes the leap from future star to litigation star in this edition.

 

 

Ghahhary Thomas

A new entry to Benchmark in this edition, and a new entry to the Toronto litigation market, Ghahhary Thomas came into being within the past year with a mission to focus on securities regulatory work. Daniel Thomas comes equipped with chops he honed during his time at another securities shop, the celebrated boutique Crawley MacKewn Brush. Leila Ghahhary boasts credentials from UK barrister chambers and her role on public inquiries. Despite the firm’s recent genesis as an entity, its two name partners each have their fair share of fans among peers and present and former clients. “The firm represented me in a matter that involved the regulator in the securities industry,” testifies one client. “Dan Thomas and his team are extremely professional, proactive and very knowledgeable. They always maintained strong communication while navigating through the legal system to achieve the result consistent with the client’s expectations.” A peer confirms, “I instructed Leila Ghahhary as disclosure counsel in a large, complex trading standards prosecution. The work spanned from 2018 onwards and was an extremely demanding case. I also instructed her in other smaller regulatory matters. Her attention to detail is fantastic. The sheer hard work and diligence to get to a deadline is remarkable, often working through the night and at times to suit international work. Leila has strategic thinking which ensures great tactical work from all her team.” Ghahhary is acting as counsel to an inquiry, which will examine and report on any interference by China, Russia and other foreign states or non-state actors to confirm the integrity of and impacts on, Canada’s 43rd and 44th general elections at the national and electoral district levels.

 

Glaholt Bowles
Duncan Glaholts 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.
Goodmans

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. “

Lax O’Sullivan Lisus Gottlieb

Toronto’s Lax O’Sullivan Lisus Gottlieb has ascended to an enviable position as of one of Bay Street’s preeminent boutiques. The firm has increasingly become a “first-call” destination for peers and clients, and its presence has become ubiquitous in commercial disputes. “We used to be against [another Toronto major law firm] on every nine-figure dispute, but nowadays it’s Lax,” testifies one peer. “It’s not even a competition. Lax actually wound up replacing [this other firm] on a lot of files because [the other firm] went too broad and promised the client their lead trial lawyer and wound up giving them someone else. That’s never a problem with Lax, they are uniformly excellent.”
     Rahool Agarwal triumphed on behalf of The Métis Child and Family Services Authority and the Métis child and family services agencies, the plaintiffs in litigation against the Government of Manitoba for the recovery of allegedly unlawfully appropriated federal child benefits. In March 2024, the Government of Manitoba announced that it had agreed to pay $530 million to children in care to settle three class actions against Manitoba. Firm mainstay and trial stalwart Jonathan Lisus successfully opposed an anti-SLAPP motion brought by Global News and others to dismiss conservative provincial Parliament member Wenbin (Vincent) Ke’s defamation claim regarding two news articles published in 2023. Ke, Lisus’ client and the plaintiff in this suit, was reported by the newspaper to have a role in a Chinese election interference scheme. “Jon Lisus really will try anything, from basic commercial litigation to these crazy one-offs that you would expect a more specialized person to take,” observes a peer. While Lisus’ position is undisputed, peers are largely united in the opinion that “Crawford Smith is really picking up. We’re seeing him as the lead on a lot more Lax files.” Beyond the firm’s “usual supects,” others are increasingly marking their mark. In particular, Zain Naqi is developing his profile. “He’s really ‘the brains’ on a lot of these files,” opines one peer. “He’s the reason the lead trial lawyers can do what they do.” Another confirms, “Zain does a lot of the Rogers work with Crawford, and he also does a lot of the public law work. It’s ridiculous, if you search names of people who’ve done commercial cases in the Court of Appeal, he’s on so many of them!” In the insurance field Hovsep Afarian has emerged as one of the firm’s true specialists. “He was at McCarthy Tétrault for years, running their claims practice,” testifies a peer. “He has massive claims against insurers, not just ‘slip-and-falls’ – this is more like turbines falling on people and filing $100 million claims! The big firms can’t do this work because they have insurance companies as clients, so that’s a big get for Lax.”

 

 

 

Lenczner Slaght

Endowed with what peers agree is “the deepest litigation talent roster in Toronto,” Lenczner Slaght commands brand-name respect among its Bay Street peers. “There are a lot of litigation boutiques around now, even just in Toronto,” offers one peer by way of explanation, “but Lenczner is well beyond those proportions now. It’s a full-fledged powerhouse of more than 50 people at this point. And yet it has lost none of its consistency. The culture over there ensures that those people coming up are all excellent as well as all the seniors who launched that firm. Tom Curry, an excellent lawyer himself, who everybody knows, has done an excellent job of grooming a lot of the talent and maintaining quality control.”  

It is also noted that “Lenczner Slaght is doing an exemplary job in retaining and promoting women,” an observation shared by several Toronto practitioners with admiration. 

     Paul-Erik Veel is enjoying a steady ascent in profile. One peer testifies, “I have been very impressed with him. He does work with a broad spectrum of cases. [He is] Courteous, amiable but firm, thorough, and his work has been of excellent quality.” Another peer extols, “Paul-Erik is one of these kinds of encyclopedic minds that, mid-case, can reference another case and relate for how it pertains to the present one, [which is] exceedingly impressive.” Sana Halwani, an intellectual property star with a varied practice, is said to have “really made a name for herself in that space,” particularly in her representations for Videotron and TiVo. Peer praise is also robust for Delna Contractor. “Everyone is talking about her. She is a 2015 call and one of the major things she’s been working on is a very large inquiry along with carrying a very large commercial and medical malpractice workload.” 

Lerners
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

In McMillan's Toronto office, Lindsay Lorimer is generating increasing acclaim for her product liability portfolio. “Lindsay deserves more notice for this,” insists a peer. “Her work is not just typical work for pharmaceuticals or medical devices that many others in her field handle. It’s more varied – she has one on the go right now that literally concerns windows and walls! She also handles insurance work.” Jeffrey Levine, along with Stephen Brown-Okruhlik and Samantha Gordon, represented cannabis market entity iAnthus in defending a secondary-market securities class action alleging misrepresentations arising from public disclosure.  The claim involves alleged losses to investors during a period when iAnthus’ market capitalization fell by over $100 million. The McMillan team successfully opposed a motion seeking broad pre-discovery production in connection with the plaintiff’s motion for leave to proceed with the statutory claim. Illustrating the firm’s cross-team approach to class actions, Lisa Parliament acts with Vancouver’s Joan Young and Montréal’s for Mitsubishi on a consumer product liability class action that arose from alleged faulty airbag control units found in various models of Toyota, Kia, Hyundai, Honda, and Mitsubishi vehicles. The class plaintiff alleged the airbag control unit defect was common across all the manufacturers vehicles and model years, despite some models having regulatory recalls and repaired.   

Miller Thomson

Miller Thomson stands out in Ontario for the diversity of its bench, its clients and its work, which spans a greater variety than that of many other firms, particularly those that are Toronto-centric. “Miller Thomson has an unusual model,” observes a local peer. “They are one of the biggest firms in Canada and cover almost every province. They have grown aggressively but have done so in a smart way. They do work that other firms don’t do, like insurance defense and family law.” The firm’s culture is such that “each of Miller Thomson offices has its own local feel, as opposed to other national firms that have a very Toronto-centric culture, but there is a good synergy between offices.” Another peer notes, “Their [Toronto] commercial litigation team is quite deep, something like 15 partners, a lot of whom didn’t grow up in big firms. They’ll be on everything from public company disputes, mid- to high-end shareholder disputes. They actually do more trial work than more ‘Bay Street’-centric firms because they do work for more mid-tier entrepreneurial entities who have done well and so by nature are more litigious. They have toughed it out, they’re not going to be pushed around and get screwed. They are willing to fight over principles.” The firm is one of the few national entities whose strategic expansion has focused on developing bench strength in areas of Ontario such as London and the Waterloo Region, to the point where its concentration of litigators there is as dense as it is in Toronto. Miller Thomson is also noted for being one of the few national full-service players with a high concentration of lawyers dedicated to environmental work as well as (management-side) labor and employment.

     Adam Stephens is namechecked by a peer as a “very good and able lawyer, particularly in shareholders’ rights cases.” Stephens also acts as the chair of the firm’s litigation group nationally. Eric Sherkin, cheered by a client as “smart, reliable and intuitive” represents a non-profit organization created in the memory of the victims of Ukraine International Airlines Flight PS752, which was shot down by the Iranian Islamic Revolutionary Guard after taking off from Tehran on its way to Kiev, killing all 176 people on board, in an oppression-remedy claim brought by a member of this organization who took issue with certain decisions of the Board and sought certain documentary disclosure above and beyond what the association’s bylaw and the relevant legislation stipulates. The application, which was heard in November 2024, was dismissed just a few weeks later. Bobby Sachdeva, co-lead of the commercial litigation group, is championed by a peer for his “appropriate aggressiveness tempered by manners. There are so many proverbial assholes out there – no thank you! Give me someone more like Bobby Sachdeva to work with.”  Peers also identify James Zibarras, with one noting,In the fraud world, he might fly under the radar because frankly I don’t think he really seeks the fame and recognition, but he certainly knows a lot about the world of Mareva injunctions and fraud.” Nafisah Chowdhury and Lisa Goodfellow both represent the firm’s Toronto-based labor and employment group, acting for a range of entities in workplace- and human resource-related disputes. Operating from the Waterloo office, Rohit Kumar is said to be “doing a lot of Waterloo-centric work but is also Miller Thomson’s OSC specialist.”

Paliare Roland Rosenberg Rothstein

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 – who is also a source of referral work – states, “Paliare Roland lawyers are professional, extremely knowledgeable, and results oriented. I appreciate that as a referring lawyer and also as co-counsel when we are working on files together.” Another contemporary sings the team’s praises for being “exceptional colleagues at the bar and also just very good people, which is not always the case. Sometimes in these matters people can be excellent advocates but also have elbows up, but that’s not the case with the Paliare group. They are a lot like [fellow revered Toronto litigation boutique] Stockwoods in that way – although both firms do different type of work, they are both thoroughly a class act.” It is also noted that “Paliare has some young people who are just awesome, really strong at their vintage. One such partner who exemplifies this testimonial, Glynnis Hawe is singled out by a number of contemporaries. One ventures, “You’re going to hear more about her, she is a six-year lawyer, and a new partner, who is already getting a lot of traction.”

     The firm has elevated its profile in the aboriginal law space significantly this year, which is largely credited to Andrew Lokan, who, along with Hawe, acted for the Congress of Aboriginal Peoples in an intervention before the Supreme Court about the constitutionality of an act respecting First Nations, Inuit, and Métis children, youth and families, which considered whether Indigenous groups have an inherent right to self-government protected by s.35 of the Constitution Act, 1982, and whether that right extends to jurisdiction over Indigenous children, youth and families. The Congress supported self-government rights but cautioned that Indigenous governments exercising jurisdiction over child and family services should be accountable for their laws and decisions and subject to meaningful review under the Charter. In February 2024, the Supreme Court unanimously ruled the Act constitutionally valid, emphasizing that the Act enables collaboration between Indigenous governing bodies and the Canadian government to address past harms and build a strong nation-to-nation relationship in child and family services. Hawe also acted with Linda Rothstein for the Royal College of Dental Surgeons as prosecution counsel in a disciplinary hearing that combined five separate notices of hearing against a single dentist. The allegations included sexual abuse of multiple patients/employees, fraudulent insurance submissions, and a number of clinical failings including overprescription of opioids. “Linda Rothstein is very strong on the plaintiff class-action side of things,” confirms a pee. “She’s also very respected as a mediator or arbitrator, even though she’s still practicing.” Megan Shortreed also routinely places as a firm favorite. Shortreed’s practice has also been consumed by medical professional liability cases, acting for various regulatory bodies, as well as an intersection with the employment law practice. While this area is touched upon by most Paliare Roland partners, Lindsay Scott in particular has developed a profile as one of the most prominent young players dedicated to this specialty. “Lindsay has already done great and is very active in employment law,” extols a peer, “and she’s young enough that she’s got plenty of headroom to work with to build it out further.”

 

Pape Chaudhury

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 ofPaul 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 highly intelligent, a clear legal thinker [with] tremendous analytical skills – both oral and written,” testifies a client. “[She is] a hard-working, passionate advocate.” Cementing her stature in the Toronto market, Chaudhury was chosen as Co-Chief Commission Counsel on the Emergencies Act inquiry concerning the state of emergency called by the government concerning the 2022 “Freedom Convoy. Chaudhury was consumed by this on a nearly full-time position until the Commission tabled its report in February 2023. “Everyone knows she’s a powerhouse but now they’re going to know she’s a superstar,” declares a peer. Further augmenting this status, Chaudhury has been appointed lead counsel for the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions. For his part, Pape is still recognized by clients as “likely the best appellate lawyer in Ontario, well respected by both the bench and the bar” who “excels at identifying client's key issues and finding a solution to the problem. He has incredibly strong perception and advocacy skills.” The firm remains actively engaged in a number of different novel appeals as well as general commercial work, including one five-day trial in April 2023, in which it acted for a construction entity in its claim against a realty company for breach of contract in connection with the provision of general contracting and construction management services on a commercial construction project.

 

Phillips Barristers

Toronto boutique 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. “Marg wanted to do class actions, some more challenging ones, which may or may not be financially successful but are important to do,” asserts a supportive peer. “John Phillips is very interested in the social justice agenda, so this firm was a great fit for him.” Waddell Phillips’s cases cover novel areas such as sexual assault, product liability, Aboriginal law, human rights and other areas that “get a lot of attention and political results.”
     One peer states, “John 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’s tenacity and dedication to these cases recently paid off with the January 2023 announcement of a milestone $2.8 billion settlement with Canada that recognizes the collective harms suffered by Indigenous communities caused by Indian Residential Schools. This class action alleged that the Government of Canada is responsible for the collective damages to Indigenous communities caused by these controversial institutions, including collective loss of language and culture and damage to the social fabric. Cory Wanless, who was welcomed into the firm partnership two years ago 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.) Wanless is co-leading another case concerning the criteria employed by Canada’s immigration system when determining what individuals are considered “flight risks.”

Polley Faith

Toronto boutique Polley Faith continues to enjoy its place as a maverick litigation shop free to take on a variety of work, much of which is not typical for Bay Street. A client declares, “Polley Faith has been instrumental in assisting us in enterprise-level litigation and pre-litigation issues.  They have dealt with contractual disputes, escalation management, and fraud recovery. They are a very skilled team with excellent knowledge and practice acumen.”
     Andrew Faith and Jeffrey Haylock represented Bell Media in a significant piece of commercial litigation concerning Bell’s distribution of Discovery Channel programming in Canada through several cable channels, licensed by Warner Bros. Discovery. In June 2024, Rogers announced that it would be distributing Discovery-related programming starting in 2025. Bell Media commenced an application to enforce a non-competition clause that would prevent Warner Bros. Discovery from providing content to competitive services for a set period of time. The matter went to a hearing, but ultimately was resolved by the parties just before the court released its decision. Mark Polley represents a Parliamentary member as the plaintiff in a defamation action against Global News and others due to published stories alleging that Dong was a known traitor according to security officials. Specifically, the articles and broadcasts alleged that Dong was a “witting affiliate” of the government of China’s efforts to undermine Canada’s democracy and that Dong had secretly advised China to delay releasing two Canadians held improperly in custody in China, among other serious accusations. The Court found overwhelmingly in favor of Dong. “Mark Polley has excellent client relationship management skills,” testifies one client. “[He is} Very personable and attentive to detail.”

Ross Nasseri

     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. “Ross Nasseri is really coming up a lot,” confirms a peer. “They are opposite us right now, and they are a firm that clients are really coming to now for some of the highest-stakes disputes.” Clients are equally effusive; one testifies, “Ross Nasseri provides sophisticated representation in complex litigation matters that rivals that of the large full-service firms, and they can do it in a much more entrepreneurial and tailored way.” Another raves, “The team at Ross Nasseri is smart, strategic and highly skilled. They identify key issues and address them proactively, while managing client expectations. They keep client objectives at the forefront of everything they do. They treat their lawyer services very seriously. They don't overcharge, and they don't do ‘make-work’ projects. They are easy to communicate with, efficient and results oriented in their work. Best litigators in Toronto.”
     The firm is not only young as an entity; its individual partners are also noted for their youthful dynamism. Justin Nasseri is identified by a client as “a leader at the firm, [who provides] high-quality client management and great instincts in the court room. He is a natural barrister.” Another declares, “Justin is incredibly well-connected and business savvy. He has built a very impressive firm and practice for his seniority. He is well respected and attracting top talent. He has tremendous respect in the Ontario bar and among judges.” In one of his portfolio of cases, Nasseri acts for the franchisor of Paramount Fine Foods, which operates Middle Eastern restaurants throughout Ontario, in a franchise dispute that found him scoring a dismissal against his client on the plaintiffs’ appeal. Fellow name partner Mark Ross is also touted by a client as “someone who has a strong combination of litigation/advocacy skills and common sense. His approach to disputes does not focus just on the immediate matter in dispute but on real-world, practical solutions for his clients.” Beyond the two name partners, others are generating their own loyal followings. “I’m seeing Avi Bourassa a lot, and he’s really good,” confirms a peer. A former collaborator concurs: “Avi Bourassa is an exceptional young lawyer. We were co-counsel on a complex and acrimonious shareholder and family law dispute involving real estate assets worth approximately $100 million. Avi is skilled at managing difficult personalities in charged circumstances. He devotes himself to his client's case with all his energy, and he is relentlessly strategic.” Jacqueline Cole, whose clients include Mercedes-Benz, is cheered by a client as “very knowledgeable and [dispenses] excellent advice. I would trust her with any legal matter in litigation. She is diligent, responsive, strategic and analytical.” Eric Block, who joined the firm last year and is said to be “raising the stakes on that Ross Nasseri’s presence in class actions,” is addressed by a client as “extremely talented, knowledgeable and strategic. He knows the law and the courts intimately and is a pleasure to work with. He is a leader in the legal and broader community.” A client extols Erin Pleet as “an exceptionally thorough lawyer, who considers everything and every possible impact each decision could have throughout the case. She is a very creative strategic thinker and approaches unique challenges in cases with an innovative and result-oriented attitude.” Peers are equally enthusiastic; one states, “What I like about her in particular is she’s very practical and very civil. When you talk about the ‘Bay Street lawyer, that’s what you want – someone you can pick up the phone and contact without it devolving into a letter-writing campaign.” Eric Brousseau also receives vibrant client praise: “Eric is very knowledgeable and highly experienced in the courtroom – even though he's still early in his career. His attention to detail and thoughtful strategic analysis is what always makes me comfortable sending work his way.” 

Roy O’Connor

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. David takes a very creative tack and it works.” In the plaintiff role, O'Connor has been pursuing various class actions for unpaid vacation and/or holiday pay: one, against RBC Dominion Securities, which was certified previously, and second against TD Bank, with a certification motion to be heard later this year.   also commenced another unpaid holiday pay proposed class action against PepsiCo. In September 2024, O'Connor and Adam Dewar scored in obtaining certification for a continuing class action against Volkswagen that seeks compensation largely for purchasers or lessees who sold or returned their vehicle before the diesel emissions issue became public in the latter half of 2015, and who didn’t receive compensation as part of the prior settlements. In the defense capacity, O'Connor and Sean Grayson succesfully defended a mutual fund dealer and its principals in a proposed class action alleging breach of fiduciary duty. The duo succeeded in having the certification motion dismissed in October 2024. Also in a defendant role, Grayson is part of the counsel team defending Pizza Hut franchisees and resisting the motion for certification by a plaintiff delivery driver. The claim alleges that the delivery drivers are misclassified as independent contractors and should be treated as employees. 

 

Rueters

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.”

Singleton Urquhart Reynolds Vogel

Founded as a construction boutique firm in 1982, Vancouver-based Singleton Urquhart amended its name and firmly established a second office in Toronto when it attracted Toronto construction luminariesBruce Reynoldsand Sharon Vogel (who is now the Toronto-based co-Managing Partner) to its bench several years ago. The combined unit continues to gain traction and win the acclaim from clients in both markets. “Singleton is known for construction, but they also seem to be diversifying,” observes a peer. Another confirms, “They are in some of the biggest infrastructure disputes in the [Greater Toronto Area], with some local household names in the industry as clients.”
     Reynolds has cultivated a celebrated reputation as counsel in the construction- and coverage-related litigation and arbitration spaces, as well as an in-demand neutral arbitrator. Reynolds represents Aviva Insurance Company of Canada in a mandate concerning the receivership of “The One” mixed-used condominium skyscraper at the intersection of Bloor and Yonge Streets in Downtown Toronto. The high-profile development, which was planned to accommodate luxury retailers, hotels, and residential units, has been bedeviled by uncertainty due to cost overruns and other variables. Reynolds was retained to provide strategic advice as well as representation in insolvency proceedings particularly with respect to navigating Aviva’s potential exposure in respect of its obligations as insurer of the deposits of persons having purchased residential units in the building. Vogel has been retained by Cherubini Metal Works to provide ongoing advice regarding Cherubini’s claim for unpaid invoices and lien claim (valued at approximately $CAD9 million) with regards to Cherubini’s fabrication, delivery and installation of three bespoke bridges for the Waterfront Toronto project. The name partners are far from the only star players in the Toronto office; two younger members of the team, Jesse Gardner and James Little, appear alongside Reynolds and/or Vogel in most of the firm’s highest-stakes mandates. “I’m actually starting to see more of each of them,” declares one Toronto peer in the infrastructure field on Gardner’s and Little’s behalf. “They learned from the best and are now running with it. They do a lot of their own business development and take active roles on these files, which has really paid off for them.”

Siskinds
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.
Stockwoods

Since its formation in 1979, the Stockwoods barrister boutique has concentrated exclusively on litigation, and in this capacity has won rapturous acclaim from peers even outside Ontario. “We’re all big fans,” offers one peer by way of consensus of the legal community’s assessment of the firm. “To a person, they are just all really excellent.” Another peer confirms, “They’ve grown to a model that has so much depth yet remained elite.” Stockwoods is considered “absolutely up there in the echelons with [venerated Toronto litigation shops] Lenczner [Slaght] and Lax [O'Sullivan Lisus Gottlieb],” yet is unique amongst Toronto firms (even among its boutiques) in the portfolio it attends to, which encompasses criminal (and not solely of the white-collar variety), public and administrative law, municipal litigation, securities, and a niche in tribunal advisory work, as well as well as general commercial litigation. “Even their general commercial work is not the routine ‘color-by-numbers’ stuff,” notes one peer. “It’s always these kind of quirky oddball commercial cases, which the Stockwoods gang is so perfectly suited for.” Another contemporary marvels, “The collective brainpower at that firm is just staggering. If you want to know what they’re up to, just read the newspapers!” Clients are equally effusive in their praise. “Stockwoods lawyers are excellent strategists and compelling advocates,” testifies one. “They led the strategic framing of an intervention, led and oversaw the research component, led the drafting of materials and made oral arguments in court.” Another raves, “Stockwoods does an exceptional job at communicating with and understanding clients' views and objectives, and with handling complex litigation. They excel at approaching novel areas of law with creativity and determination and worked incredibly hard to deliver compelling and written argument and to advise on strategic considerations as they arose over the course of the litigation.”
     One Stockwoods partner who has had no shortage of media attention, Nader Hasan has emerged as “one of the true leaders in the criminal bar, and not just for white-collar work, either,” according to a peer. “Nader is one of the staunchest advocates for justice in Canada, handling really difficult and ugly cases, and at a relatively young age.” In just the most recent example, Hasan represented a man who was charged with first-degree murder in the death of an on-duty police officer. The Crown alleged that the client intentionally drove over the officer. The police initially attempted to portray this incident as a terrorist attack on a police officer, but as facts emerged, it became clear (to the public and eventually the jury) that this was a tragic accident and not a crime. After a six-week jury trial, Hasan’s client was acquitted on all counts. Gerald Chan, addressed by a client as “smart and hard working,” continually demonstrates white-collar crime prowess. Chan acts as trial counsel on behalf of one of two co-founders and principals of a real-estate developer that was the subject of a years-long investigation by the RCMP Integrated Markets Enforcement Team, the result of which was the police bringing charges of fraud and secret commissions in relation to the alleged non-disclosure of fees and alleged misrepresentations regarding the valuations of the projects. Andrea Gonsalves acts for the lead applicant, Animal Justice, Canada’s only national animal law advocacy organization. In 2020, Ontario enacted the Security from Trespass and Protecting Food Safety Act, which created new legal hurdles to protesting outside animal transport trucks and engaging undercover exposés inside farms and slaughterhouses. Animal Justice and the two individual applicants challenged the law, asserting that certain of its provisions unconstitutionally violate the right to freedom of expression and other Charter rights. “Andrea has deep litigation and constitutional law expertise, familiarity with our work, and ability to provide nuanced advice on complex and tricky legal issues at the first instance, and on appeal,” declares one client. Another testifies, “Andrea is incredibly hard working yet consistently pleasant and professional both to clients as well as to opposing counsel and witnesses for the opposing party in our matter. Her intelligence and strategic legal thinking and analysis are apparent in all of our interactions and she has remained accessible and dedicated to her work on our legal challenge despite handling a heavy case load involving other important and complex matters.” Stephen Aylward, a younger partner whose reputation has been quickly on the rise, is addressed by a client as “innovative and creative, and equally meticulous on the details! [He provides] Excellent supervision of Clinic students who were engaged in research, and excellent advocacy in court.”

Thornton Grout Finnigan

While Toronto boutique Thornton Grout Finnigan hosts practitioners attending to a variety of commercial and project litigation, it is best recognized and most celebrated for its stature as Canada’s premier insolvency shop. The firm has been at the forefront of some of the largest insolvency filings affecting the Canadian market across a broad spectrum of industry sectors. Clients voice their enthusiasm for the firm’s litigators’ individual and collective bankruptcy acumen as well as their overall approach to litigation. Perhaps the biggest – and some would claim surprise – development is the firm’s elevated status in the construction field, credited to the team led by Daniel Schwartz, who was responsible for a game-changing win as litigation counsel to the constructors in a P3 contract with the Ontario Government to design, build and maintain for 30 years an extension of Highway 427 (a major freeway) in Toronto and Peel Region. Numerous claims for compensation and extension of time (including, due to the COVID-19 pandemic) were made by Link427 against Ontario. All of these claims proceeded by way of an expedited arbitration leading to a $116 million award, which was appealed, making the case public. “This was a politically sensitive case, and this appeal was like a ‘Hail Mary’ for government,” asserts a peer in summation. “Danny and his team at TGF now have highways, projects, subways, P3s…so ‘the little scrappy construction group that could’ has, over six years, become one of the busiest in Toronto.” Another states, “What has really become their specialty is transportation and infrastructure. They don’t have the construction expertise of a Glaholt, of a Singleton [two noted construction-specific boutiques], but what they do have is more trial experience. They are true plaintiff-side construction trial lawyers, usually acting for the contractors. Danny built up a formidable practice, and he’s becoming one of the main guys in that construction field, I’m even hearing this from judges!” The team also includes Scott McGrath, although it is noted that “He wants to be more of a generalist barrister, and he’s doing just great with this. He’s one of the smartest people out there.” These developments do not all minimize the firm’s undiminished insolvency group, which has seen some record appointments over the past year. John Finnigan acts for PwC as Receiver and Manager of Bridging Financial, a since-collapsed alternate lender with $2 billion in assets, and its Funds. The appointment comes in the wake of an OSC investigation that revealed concerns over improper lending, lack of collateral for loans, conflicts of interest and the possible misappropriation of over $20 million by Bridging’s founders. Finnigan is prosecuting a $1.4 billion claim against Bridging’s former auditor and a $1.8 billion claim against its former officers and directors, together with numerous other actions commenced against those responsible for Bridging’s downfall. Leanne Williams represented Boeing following the CCAA filing of Lynx Air, which operated nine Boeing aircraft and had a very valuable contract to purchase additional Boeing aircraft the terms of which were highly confidential and sensitive to Boeing. Lynx wanted to sell the Boeing contract, arguably its most valuable asset. Williams negotiated a successful settlement whereby Boeing agree to pay an undisclosed amount to repurchase the Boeing contract.

 

 

Torys

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 s
omeone 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!”

 

 

Tyr

Toronto litigation boutique Tyr was forged by three partners, James Doris, James Bunting andSean Campbell, after calving off their former firm, Davies Ward Phillips & Vineberg, where all three cultivated their litigation pedigree and earned their individual reputations. Looking to sidestep the conflicts potentially encountered from the corporate capacity at Davies, these entrepreneurial partners went all in on this new-found freedom, naming their firm after the Norse war god who presides over matters of law and justice. Peers are watching and already impressed with the venture. “Tyr has really done impressive things in the short time they’ve been around,” declares one. “They have all kinds of different things on the go.” Another testifies, “I’m seeing them everywhere, and seemingly very suddenly, in all types of interesting cases, and it’s been a pleasure. They are punching way above their weight in terms of files. You see ‘Tyr’ on the letterhead and you know it’s going to be a tough but reasonable fight.” Reinforcing the distinction between activity and volume, one contemporary stresses, “Tyr are choosier about the cases they bring than many others. There is absolutely no eye rolling with a Tyr-originated file. When you see their name on a plaintiff class action, you take it seriously.”
     The firm boasts an ever-expanding roster of stars and up-and-comers. “Tyr just seems like they added a ton of people this year, and they are all really good. We like them a lot.” In particular, the firm has doubled down on its intellectual property practice. “IP specialty shops in Toronto are shrinking, fading or disappearing,” observes one peer, confirming, “Tyr, on the other hand, seems to be building this group!” The firm added Amy Grenon, previously with Norton Rose and Aird & Berlis, to its bench. Grenon juggles a mix of brand-side patent cases as well as trademark and oil-and-gas work. Cole Meagher, with the firm since 2020, has also been enjoying a rising profile in the IP space, largely (but not exclusively) dedicated to the pharmaceutical space. Another recent (although no longer considered “new”) addition to the firm, Melanie Baird has long been considered a “powerhouse” in the patent arena, known for her unflinching courtroom chutzpah. “She makes it look easy, but take it from me, she works her ass off and prepares like crazy,” insists a peer. “She is not only a great trial lawyer but an incredible business developer. This is something a lot of trial lawyers are strangely awkward at, even though they’re so confident in court! And a lot of other strong marketers bring a lot of ‘sizzle’ but not much substance. Mel has both, that’s a winning combo.” In addition to Baird’s role as a ‘first call’ for Janssen Pharmaceuticals, she is also leading a team, which includes Grenon and Meagher, that represented Florida Foods in defending a patent infringement action against Kerry Group concerning its patent directed towards a process for preparing natural curing agents, and naturally cured meat products, and advanced a counterclaim for infringement. A peer quips, “Charcuterie cases might not sound as sexy as pharma, but I don’t know – I think it’s much sexier!”  Doris, Bunting and O’Brien act on a securities class action – in th3 defense capacity – commenced in the Superior Court of Justice (Ontario) against Cronos and certain of its current and former officers and directors alleging that Cronos’s public disclosure was misleading. “Everyone is a big fan of Jim Doris, he’s so thoughtful,” insists a peer. “He’s more of the quiet type, but trust me, when he talks, people pay attention.”

Wright Temelini

Toronto’s Wright Temelini takes “litigation boutique” to a new level. There are only two partners at the firm after seven 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.” Greg Temelini also attends to securities and regulatory matters, as well as an array of commercial litigation mandates. He is experienced with every level of Ontario court as well as the Supreme Court of Canada. “Greg is a class act,” insists a peer. “He has a different style than Janice and a more varied client base. He’s not interested in being the biggest personality in the room but there are times where I think he might just be the smartest.”