Corporate and Commercial Litigation

Overview

Osler’s litigation practice is one of the largest and most accomplished in Canada. Years of careful recruiting and rigorous training have allowed us to develop deep expertise in complex corporate and commercial litigation. As experienced trial and appeal lawyers, our litigators appear as counsel in all levels of courts in Ontario, Alberta, Québec and most other Canadian provinces, as well as in the Federal Court and the Supreme Court of Canada. We also participate regularly in hearings before a variety of provincial and federal tribunals, including: the Financial Services Tribunal, the Ontario Municipal Board, the Environmental Assessment Board, the Ontario Securities Commission, and the Autorité des Marchés Financiers (AMF).

In addition to our trial expertise, we assist clients in identifying and mitigating risks that could lead to new legal exposures. We focus on developing a deep knowledge of each client’s business, which enables us to intervene effectively to avoid lengthy proceedings or to achieve cost-effective and innovative solutions through early prevention or alternative dispute resolution. Our discovery management specialists work strategically with our litigators and clients to deliver an array of customized, cost-effective and efficient discovery solutions. In short, Osler is home to a critical mass of top litigators in their respective fields — with the track records and the loyal and growing client base to prove it.

Ask us about:

  • Appeals
  • Class Actions
  • Competition/Antitrust Litigation
  • Constitutional and Public Law
  • Construction and Infrastructure Litigation
  • Corporate Governance and Securities Litigation
  • Cross-Border Litigation
  • Defamation (Libel and Slander)
  • Discovery Management
  • Energy and Natural Resources Litigation
  • Environmental Litigation
  • Franchise Litigation
  • Insolvency and Restructuring
  • Intellectual Property Litigation
  • International Commercial Arbitration and ADR
  • Municipal Litigation
  • Pensions and Benefits Litigation
  • Product Liability
  • Professional Negligence
  • Tax Dispute Resolution

DownloadDownload

Sonia Bjorkquist

Partner, National Chair, Litigation
Toronto

Maureen Killoran Q.C.

Partner, Litigation
Calgary, Vancouver

Deborah Glendinning

Partner, Litigation
Toronto

Colin Feasby

Calgary Managing Partner
Calgary

Éric Préfontaine

Partner, Litigation
Montréal

Gillian S.G. Scott

Partner, Innovative Products
Toronto
  • National Tire Distributors

    National Tire Distributors in its road security rating re-evaluation before the Commission des transports du Québec

  • Kinder Morgan Canada Limited

    Kinder Morgan Canada Limited in its litigation victories for the Trans Mountain Pipeline Expansion

  • Terra Nova Consortium

    Terra Nova Consortium in a challenge over its calculation of past and ongoing provincial royalties

  • BP Canada Energy Company

    BP Canada Energy Company in BP Canada Energy Company v. MNR (2017 FCA 61)

  • KRIM Biopharma Inc.

    KRIM Biopharma Inc., as well as its directors, with respect to the defence of a breach of contract and oppression claim brought by Stiefel Laboratories, Inc. in the Ontario Superior Court seeking $200 million in damages

  • Nobel Real Estate Investment Trust

    Nobel Real Estate Investment Trust in relation to its combination with Edgefront REIT

  • Jazz Aviation

    Successfully represented Jazz Aviation in a complex cost benchmarking arbitration against Air Canada.

  • Shell Canada Limited

    Shell Canada Limited before the Supreme Court of Canada in the successful defence of a Leave to Appeal application by Athabasca Chipewyan First Nation in the application regarding the Jackpine Mine Expansion Project.

  • Nalcor Energy

    Successfully represented Nalcor Energy before the Federal Court of Canada in a judicial review in relation to a major hydro-electric project at Churchill Falls, Newfoundland and Labrador.

  • Shell Canada Limited

    Shell Canada Limited in the successful defence of a Leave to Appeal and Stay Application before the Alberta Court of Appeal in re: Métis Nation of Alberta Region 1 v Joint Review Panel, 2012 ABCA 352

  • Amex Bank of Canada

    Amex Bank of Canada in two class action merits trials before the Québec Superior Court involving foreign exchange conversion fees on credit cards, and claiming over $650 million in damages.

  • Beaverbrook Art Gallery

    The Beaverbrook Art Gallery in a successful public arbitration and appeal brought by the Beaverbrook Foundation of the United Kingdom in a dispute over some 130 works of art valued at over $100 million.

  • CanWest and The National Post Company

    CanWest and The National Post Company in successfully obtaining summary judgment for $22.5 million plus compound interest against Hollinger International arising from an agreement by which an affiliate of CanWest purchased the remaining 50% interest of Hollinger International and its affiliates in The National Post Company.

  • Dell Canada Inc.

    Dell Canada Inc. in a successful appeal before the Supreme Court of Canada in a matter concerning the ability of companies to oust the provincial class actions regime in favour of a contractual arbitration.  

  • GE Capital Canada

    GE Capital Canada in a successful appeal to the Tax Court of Canada regarding an income tax assessment that denied its deduction of guarantee fees paid to its U.S. Parent. This is a major decision in the growing area of transfer pricing litigation.

  • Hudson Bay Company

    Hudson Bay Company in a class action claim relating to surplus and partial windup issues arising out of the sale of the Northern Stores Division. The Supreme Court of Canada dismissed the appeal with costs.

  • Imperial Tobacco

    Imperial Tobacco, in potentially the largest proposed class actions in Canada. Certification was denied in the proposed Ontario proceeding, and the common issues trials of two companion class actions are presently being defended before the Québec courts. Osler has also successfully defended a number of other cases on behalf of Imperial Tobacco giving rise to leading decisions, including respecting the supposed emergent tort of “spoliation,” the destruction of evidence by a party in a lawsuit and

  • Inco Limited 

    Inco Limited in an environmental class action based in Port Colborne.

  • Microsoft Corporation

    Microsoft Corporation in anti-piracy litigation, licensing disputes and a class action where the court upheld an exclusive jurisdiction clause in Microsoft’s “click wrap” licence agreement – the first case dealing with such agreements in Canada.

  • The Montreal Alouettes

    The Montreal Alouettes in an injunction and action in damages related to delivery of a new artificial playing surface to the Olympic Stadium.

  • SemGroup Corporation’s Canadian business units

    SemGroup Corporation’s Canadian business units in their restructuring under the Companies’ Creditors’ Arrangement Act.

  • Shell Canada Limited

    Shell Canada Limited in successfully defending against claims brought by Hunt Oil Company of Canada relating to oil and gas properties in British Columbia.  The court’s decision is now a leading case in the area of mutual interest provisions in oil and gas industry agreements.

  • American receiver of Stanford International Bank(SIBL)

    The American receiver of Stanford International Bank(SIBL) in defeating the Antiguan liquidators in a battle for control over control of the Canadian assets of SIBL.  

  • State Farm Mutual Automobile Insurance Company

    State Farm Mutual Automobile Insurance Company in two separate proposed class actions relating to (1) the use of non-original equipment manufactured parts in insured repairs and (2) the applicability of an insured's deductible when a vehicle is written off and salvaged.

  • Ventas, Inc. 

    Ventas, Inc. in a series of opposing applications to enforce a standstill agreement in relation to Ventas' acquisition of Sunrise Senior Living Real Estate Investment Trust. Continuing advice was provided in relation to Ventas' Kentucky lawsuit against HCP Inc. for tortious interference with the transaction, in which Ventas obtained a jury verdict awarding it damages in the amount of US$101 million.

  • Find More

Chambers

  • Chambers Canada: Canada’s Leading Lawyers for Business: Litigation: General Commercial (Nationwide - Canada)
    • "The firm is very professional and very highly regarded."
  • Chambers Canada: Canada’s Leading Lawyers for Business: Litigation: General Commercial (Ontario)
    • "They really understand the business and they are extremely responsive. They don't try and over-lawyer files and their answers are always practical."
    • "They are a very well-respected group."
    • "We have been impressed by their expertise in dispute resolution."
  • Chambers Canada: Canada’s Leading Lawyers for Business: Litigation: General Commercial (Alberta)
    • "They have good bench strength and have really taken the time to learn our business. They are bright, hard-working individuals."
    • "They are excellent and I have really enjoyed working with them. They have some really great young talent."
    • "They are really strong counsel, and frequently appear on top cases."
  • Chambers Canada: Canada’s Leading Lawyers for Business: Litigation: General Commercial (Quebec)
    • "We feel well defended and they always give us sound advice."
    • "They have grown up with product liability and class action files."
  • Chambers Global: The World’s Leading Business Lawyers: Dispute Resolution
    • "[Osler] is a well-oiled machine and I wouldn't hesitate to recommend them for large country-wide litigation matters."

Lexpert

  • The Canadian Legal Lexpert Directory: Recognized in Corporate Commercial (Toronto & Ottawa, Ontario)
  • The Canadian Legal Lexpert Directory: Recognized in Corporate Commercial (Montréal, Québec)
  • The Canadian Legal Lexpert Directory: Recognized in Corporate Commercial (Calgary, Alberta)
  • The Canadian Legal Lexpert Directory: Osler's Professional Liability Group, Repeatedly Recommended (Toronto, Ontario)
  • Lexpert’s Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, Osler Lawyers recognized in the area of Dispute Resolution
  • Lexpert’s Special Edition on Canada’s Leading Litigation Lawyers, Osler Lawyers recognized in the area of Dispute Resolution
  • The Canadian Legal Lexpert Directory: recognized Osler’s Litigation Department as Most Frequently Recommended for Class Actions, and Consistently Recommended for Corporate/Commercial Litigation and Securities Litigation, with several of our legal practitioners acknowledged as leading individuals in the field
  • The Canadian Legal Lexpert Directory: Osler’s Litigation - Corporate Commercial Group, Consistently Recommended (Toronto, Ontario)

Legal 500

  • The Legal 500: recognized in the area of Dispute Resolution (Alberta)
  • The Legal 500: recognized in the area of Dispute Resolution (Ontario)
  • The Legal 500: recognized in the area of Dispute Resolution (Quebec)

Benchmark

  • Benchmark Litigation Canada: Osler's Litigation Group - Ontario - Highly Recommended
  • Benchmark Litigation Canada: Osler's Litigation Group - Quebec - Recommended
  • Benchmark Litigation Canada: Osler's Litigation Group - Alberta - Recommended
  • Benchmark Litigation Canada: Osler Lawyers recognized in the area of Litigation and Dispute Resolution

Expert Guides

  • Expert Guides: The Legal Media Group Guides to the World’s Leading Lawyers: Osler lawyers recognized as leaders in Litigation