Laura Fric, Partner, Litigation

Notable Matters

• Vale (Inco) defending a complex class action trial involving claims of environmental property damage, and successfully arguing on appeal to the Ontario Court of Appeal (leave to appeal to the Supreme Court of Canada was denied). Currently Vale is pursuing costs of the trial in contested hearings before the Court of Appeal. Prior to the trial, Laura argued many pre-certification and post-certification motions.
• BP plc defending a proposed securities class action commenced in Ontario arising from the 2010 Deepwater Horizon accident and subsequent Gulf of Mexico oil spill.
• Sino-Forest Corporation. Counsel for members of the Independent Committee of the Board of Directors, in a proposed securities class-action, where the court held that the defendants did not have to deliver a statement of defence to a secondary market claim under the Ontario Securities Act.
• Toronto Stock Exchange (TSX) in an appeal to the Ontario Securities Commission (OSC) from a decision of the TSX involving Fibrek Inc.
• Groupon Inc. in a proposed class proceeding which alleges that expiry dates on Groupon vouchers are not compliant with consumer protection legislation.
• General Motors of Canada Limited in certified class actions brought on behalf of former employees, in cases involving pension and post-retirement benefits.
• Various companies in giving advice on possible employment-related class actions, including regarding allegations of non-payment of overtime pay.
• Magna International Inc. securing court approval of the plan of arrangement for the company’s dual-class share capital reorganization, in the face of concerted opposition from some institutional shareholders. The approval granted by the Ontario Superior Court of Justice was confirmed on appeal.  Also acting in the related proceedings before the Ontario Securities Commission, initiated by Staff of the OSC and intervening institutional shareholders.
• OMERS Realty Corporation defeating an application to commence a derivative action in the name of the company.
• Magna Entertainment Corporation in proceedings before the OSC brought by shareholders of a company who sought a vote of minority shareholders to approve certain transactions.
• TD Bank in pre-certification, certification and settlement stages of a large class action involving historic foreign exchange transactions on credit cards.
• Ventas, Inc. in its successful application for a declaration that Sunrise REIT was obligated under the purchase agreement between the parties to enforce the standstill terms of Sunrise REIT’s confidentiality agreement with a participant in its prior auction process. The decision of the Ontario Superior Court was upheld by the Court of Appeal for Ontario.
• Glamis Gold Ltd. in defeating the attempt by a shareholder of Goldcorp Inc. to force a vote of the shareholders of Goldcorp to approve the acquisition of Glamis by Goldcorp. The decision of the Ontario Superior Court was upheld by the Ontario Divisional Court.