Private Equity and Investment Fund Disputes

Wide angle view up towards the sky in financial district.

As deal activity increases, so do disputes in the private equity and investment funds space. Firms operating in these sectors must be aware of the associated risks and potential opportunities associated with disputes in these spheres.

Whether you are looking to avoid or mitigate litigation risk or regulatory scrutiny, or leverage litigation or arbitration to create value and achieve your business objectives, Osler’s team of multi-disciplinary Private Equity and Investment Fund dispute experts has the specialized skills and experience to effectively manage the unique issues that private equity firms, hedge funds, sovereign wealth funds and venture capital firms face when doing business in Canada, the U.S. and elsewhere. We understand the regulatory framework, structure and operation of private equity and investment funds, and are experts in complex structured financial products, credit agreements and derivatives.

We take a pragmatic, efficient and team-based approach to deliver the greatest value to you in the pursuit or defence of the following types of disputes:

  • shareholder disputes
  • valuation disputes
  • working capital and other post-closing disputes
  • corporate governance disputes
  • conflicts of interest
  • claims for indemnification
  • breach of representations and warranties
  • enforcement of non-competition agreements
  • shareholder class actions
  • finders’ fee disputes
  • proxy contests
  • derivative claims

Our group also has extensive experience conducting internal investigations into accounting and financial irregularities and other potential securities misconduct, as well as representing corporations, investment firms, and individuals in regulatory enforcement proceedings and other civil and quasi-criminal investigations. Disputes in the private equity space are often arbitrated. We are also skilled domestic and international arbitration counsel.

An integrated and collaborative team, we work closely with and draw on the collective expertise of our market-leading M&A, Tax, Emerging and High Growth Companies, Employment and Labour, Insolvency and Restructuring, and Risk Management and Crisis Response Practice Groups to obtain the best outcomes for your business.


Shawn Irving

Partner, Litigation


  • The Central Group Alberta Ltd.

    The Central Group Alberta Ltd. in the acquisition of Central Fund of Canada Limited by Sprott Inc.

  • Carl Icahn

    Carl Icahn in his take-over bid for Lions Gate Entertainment

  • Icahn Associates Corp.

    Icahn Associates Corp. in its unsolicited tender offers for Lions Gate Entertainment Corp. and related proxy Contests

  • Smoothwater Capital Corporation

    Smoothwater Capital Corporation in challenging proposed business combination between Alberta Oilsands Inc. and Marquee Energy Ltd.

  • International Resort and Development Company

    Acted for an international resort and development company in respect of a special committee investigation and response to a threatened shareholder derivative action

  • Leading Technology Company

    Successfully defending the majority shareholders of a leading technology company (social search) in an oppression suit

  • Acquirors

    Advising acquirors on the potential impact that existing litigation may have on the value of their investment or disputes

  • Independent Counsel for Board Members and Senior Executives

    Acted as independent counsel for board members and senior executives of reporting issuers in a number of regulatory investigations by the OSC, ASC and other regulators ultimately leading to subsequent settlement arrangements, avoiding proceedings

  • Investment Company

    Acted for an investment company in an action by a group of individual borrower-investors claiming more than $14 million in damages for negligence and breach of fiduciary duty in connection with leverage loans they obtained to purchase mutual funds

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