Mark A. Gelowitz Mark A. Gelowitz

Facebook Inc. in the successful dismissal of the plaintiff’s appeal from an order denying certification of a proposed class action

On March 1, 2022, the Divisional Court dismissed the plaintiff’s appeal from an order denying certification of a putative privacy class action against Facebook, Inc. The decision addresses the “some basis in fact” standard and reinforces the principle that a...

Lead Office: Toronto Date Closed: March 1, 2022 Value: --

The Estée Lauder Companies Inc. in its agreement to increase its ownership in DECIEM Beauty Group Inc.

On February 23, 2021, The Estée Lauder Companies Inc. (ELC) announced that it has entered into an agreement to increase its investment in the Canadian-based, vertically integrated, multi-brand company, DECIEM Beauty Group Inc. from approximately 29% to approximately 76%. ELC has agreed to purchase...

Lead Office: Toronto Date Closed: May 18, 2021 Value: US$2.2 billion

Facebook, Inc. in the successful dismissal of certification of a proposed class action

Osler successfully defeated the certification of a proposed class action against Facebook, Inc. and Facebook Canada Ltd. The plaintiff claimed that an entity known as Cambridge Analytica obtained information about Canadian Facebook users from a Cambridge University professor named Dr. Kogan. The...

Lead Office: Toronto Date Closed: February 16, 2021 Value: -

The BC Court of Appeal stayed a privacy class action in Douez v. Facebook, Inc. by enforcing a forum selection clause in favour of the courts of California. In a narrow 4-3 judgment, the SCC overturned the decision.

On June 19, 2015, the British Columbia Court of Appeal stayed a proposed privacy class action in Douez v. Facebook, Inc. by enforcing a forum selection clause in favour of the courts of California. The plaintiff had sought certification of a class proceeding seeking class-wide damages against...

Lead Office: Toronto Date Closed: -- Value: -

Shoppers Drug Mart Inc. in a class action by pharmacist operators of Shoppers Drug Mart stores.

Osler is defending Shoppers Drug Mart, Canada’s largest retail pharmacy chain, in a certified franchise class action claiming $500 million on behalf of nearly 1500 current and former pharmacy operators in all Canadian provinces except Quebec. Through a preliminary motion and vigorous...

Lead Office: Toronto Date Closed: -- Value: $500 million

Magna International Inc. in securing court approval of the plan of arrangement for the company’s dual-class share capital reorganization.

Court approval was obtained in the face of concerted opposition from a group of institutional shareholders. The approval granted by the Ontario Superior Court of Justice was confirmed on appeal by the Ontario Divisional Court (2010). The transaction was also challenged by the Ontario Securities...

Lead Office: Toronto Date Closed: -- Value: $970 million

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

Application by Icahn Group to cease trade the poison pill of Lions Gate Entertainment, in the context of Icahn's hostile take-over bid for Lions Gate. Osler successfully represented Icahn Group in its application to the British Columbia Securities Commission to cease trade of the poison...

Lead Office: Toronto Date Closed: -- Value: -

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

Carl Icahn made a take-over bid seeking control of Lions Gate Entertainment Corp. In response, Lions Gate put in place a tactical shareholders’ right plan intended to defeat the bid. Lions Gate did not seek an alternative bidder. Osler, representing Icahn, had the shareholder...

Lead Office: Toronto Date Closed: -- Value: -