Osler advises on three of Lexpert’s Top 10 Cases of 2019-2020

Mark Gelowitz, Allan Coleman, Lia Bruschetta, Robert Carson, Lauren Harper, Maureen Killoran, QC, Olivia Dixon, Sean Sutherland

Dec 4, 2020

Osler is pleased to announce that we have been recognized in three of Lexpert’s Top 10 Cases of 2019-2020 and have also received an honourable mention. Lexpert’s Top 10 Cases of 2019-2020 highlight the top 10 litigation decisions over the past two years, making this year’s top 10 extremely noteworthy. Osler is recognized for our work advising in Reference re Environmental Management Act, 4352238 Canada Inc. v. SNC-Lavalin Group Inc., et al., Uber Technologies Inc. v. Heller and Coldwater First Nation v. Canada.

Mark Gelowitz, Allan Coleman and Lia Bruschetta represented 4352238 Canada Inc. in its application in 4352238 Canada Inc. v. SNC-Lavalin Group Inc., et al. (ONSC). The application involved the determination of whether 4352238 Canada Inc. had validly exercised a right of first refusal in the context of a $3-billion sale of a significant ownership interest in Highway 407 ETR to an Ontario pension fund. The decision was significant due to the high profile of the parties involved, the uniqueness of the infrastructure asset at stake and the nature of the relationship between them.

Robert Carson and Lauren Harper represented the Montreal Economic Institute in its intervention in Uber Technologies Inc. v. Heller (SCC). This influential class action found an arbitration clause with Uber’s drivers to be unconscionable. The ruling is significant as the Supreme Court refined the doctrine of unconscionability.

Osler advised Trans Mountain Pipeline ULC and Enbridge Inc. in Reference re Environmental Management Act (SCC, BCCA). Maureen Killoran, QC and Olivia Dixon advised Trans Mountain Pipeline ULC and Maureen Killoran, QC, Sean Sutherland and Robert Rooney, QC advised Enbridge Inc. This case asked the B.C. Court of Appeal, and then the Supreme Court of Canada, to opine on the constitutionality of proposed amendments to B.C.’s environmental legislation that would have imposed additional provincial regulation of the Trans Mountain Pipeline expansion project. Both courts held that B.C.’s proposed amendments were unconstitutional as they extended past provincial jurisdiction. This case is significant as it took the Supreme Court of Canada less than 30 minutes to return a unanimous result in favour of Trans Mountain and all parties that intervened in opposition to the B.C. legislation.

Osler also received an honourable mention for Maureen Killoran, QC, Olivia Dixon and Sean Sutherland’s work advising Trans Mountain Pipeline ULC and Trans Mountain Corporation in Coldwater First Nation v. Canada (Attorney General)The decision related to various challenges to the federal approval of the Trans Mountain Pipeline expansion project. The Federal Court of Appeal dismissed all challenges to the project. Numerous applications for leave to appeal to the Supreme Court of Canada were denied, ending all legal issues with the federal approvals of the expansion.

Osler’s National Litigation and Dispute Resolution team litigates business-critical issues for organizations in Canada and around the world. Best known for handling complex corporate/commercial litigation and arbitration, we defend major institutional clients on high-profile and precedent-setting cases. Our industry-recognized team members are experts in complex commercial litigation as well as in the litigation specialties that major corporations call on most often.

For more information on Lexpert’s Top 10 Cases 2019-2020 visit Lexpert’s website.