Geoff’s corporate-commercial litigation and arbitration practice includes expertise in domestic and international commercial arbitrations, class actions, construction and infrastructure litigation, tax litigation and franchise litigation.
Geoff has extensive trial and arbitration experience, having completed long, complex trials, and multiple high-stakes, high-value, arbitrations (both domestic and international, institutional and ad hoc). He regularly appears on motions and appeals before Ontario and Federal courts, and before arbitrators. In addition to representing clients in contested hearings, Geoff provides advice in respect of assessing litigation risk with a view to avoiding litigation and arbitration. He provides practical business solutions to complex legal problems, and his strong advocacy and negotiating skills have obtained excellent results for clients.
Geoff has been seconded to the legal departments of both The Bank of Nova Scotia and General Motors of Canada Limited.
Representative Work
- A global mining company in a successful International Chamber of Commerce (ICC) arbitration in Tokyo, Japan, against a Japanese company seeking to rely on a force majeure clause in relation to the Tōhoku earthquake and tsunami, with nearly $1 billion in dispute.
- A Canadian mining company in a tax dispute relating to the payment of a break fee of approximately $500 million.
- A global mining company in a successful US$50 million ICC arbitration in Geneva, Switzerland, against a European company seeking to rely on a force majeure clause in relation to German law.
- Goldcorp Inc. in its successful defence of a claim brought by Barrick Gold Corporation against Goldcorp, Xstrata Chile and New Gold in respect of Goldcorp’s acquisition of a 70% interest in the El Morro mining project in Chile.
- A global quick service restaurant group in an expedited international ad hoc arbitration, obtaining an award worth over $30 million within three months, and full indemnity costs.
- General Motors of Canada Limited in the successful defense of a high-profile class action by dealers seeking over $1 billion in damages, following a lengthy trial in the Ontario Superior Court and appeals to the Ontario Court of Appeal.
- The Canadian subsidiary of a global supermajor mining firm, in respect of various domestic ad hoc arbitrations relating to the construction of a megaproject, with nearly $1 billion at issue.
- A number of large Canadian financial institutions in various tax disputes.
- The Canadian subsidiary of a global supermajor mining firm in an arbitration under the UNCITRAL arbitration rules, related to an infrastructure project.
- A consortium of large Canadian asset managers in a dispute relating to a major real estate investment.
- A major utility in various force majeure claims made by contractors related to COVID-19.
- A company owning a large Canadian infrastructure project in various force majeure claims made by contractual counterparties related to COVID-19, involving over $100 million.
- A global mining company in an ongoing arbitration under the International Centre for Dispute Resolution (ICDR) rules of the American Arbitration Association (AAA).
- A major Canadian retailer in a domestic ad hoc arbitration related to an contractual issue critical to its business. A favourable negotiated resolution was reached shortly before the arbitration hearing.
- A major global automaker in numerous domestic arbitrations under the North American Dealer Arbitration Program (NADAP).
- A Latin American producer in a dispute relating to breach of contract by a large Canadian retailer.
- A Canadian junior mining company in a contractual dispute involving property in the Republic of Colombia.
- General Motors of Canada Limited in the successful defense of a high-profile class action by dealers seeking over $1 billion in damages, following a lengthy trial in the Ontario Superior Court and appeals to the Ontario Court of Appeal.
- The Canadian subsidiary of a global supermajor mining firm, in respect of various domestic ad hoc arbitrations relating to the construction of a megaproject, with nearly $1 billion at issue.
- A number of large Canadian financial institutions in various tax disputes.
- The Canadian subsidiary of a global supermajor mining firm in an arbitration under the UNCITRAL arbitration rules, related to an infrastructure project.
- A consortium of large Canadian asset managers in a dispute relating to a major real estate investment.
- A major utility in various force majeure claims made by contractors related to COVID-19.
- A company owning a large Canadian infrastructure project in various force majeure claims made by contractual counterparties related to COVID-19, involving over $100 million.
- A global mining company in an ongoing arbitration under the International Centre for Dispute Resolution (ICDR) rules of the American Arbitration Association (AAA).
- A major Canadian retailer in a domestic ad hoc arbitration related to an contractual issue critical to its business. A favourable negotiated resolution was reached shortly before the arbitration hearing.
- A major global automaker in numerous domestic arbitrations under the North American Dealer Arbitration Program (NADAP).
- A Latin American producer in a dispute relating to breach of contract by a large Canadian retailer.
- A Canadian junior mining company in a contractual dispute involving property in the Republic of Colombia.
Latest Insights
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Blog Aug 21, 2024
Waiving goodbye to your arbitration agreement: the pitfalls of seeking substantive relief from a court
A recent decision of the Court of Appeal for Ontario highlights the implications of seeking substantive relief from a court with respect to the...
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Blog Jun 10, 2024
No property, no investment: Koch Industries’ carbon allowances not an ‘asset’ under NAFTA
The International Centre for Settlement of Investment Disputes (ICSID) recently released its highly anticipated decision in Koch Industries,...
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Report Mar 15, 2024
Canadian and International Arbitration: A guidebook for effective arbitration
Overview Arbitration is not simply a private court procedure. It is a way to resolve disputes that allows the ability to choose a decision...
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Blog Jan 11, 2024
No do-over for NAFTA arbitration: Ontario court refuses to set aside award for procedural unfairness or bias
A recent Ontario Superior Court decision affirms that the burden on a party asserting procedural unfairness is high.
Read more
Awards and Recognition
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Recognized in Dispute Resolution (Future Star)
—Benchmark Litigation Canada
Speaking and Writing
Speaking Engagements
Uber Technologies Inc. v. Heller: Implications for Arbitration and Employment Law
Read morePublished Work
- Co-authored Osler’s Canadian and international arbitration: A guidebook for effective arbitration, May 2020 (by Geoffrey Hunnisett, Lauren Tomasich)
- Mentioned in China slowing down? Don’t worry about it, National Post, July 25, 2012 (by Drew Hasselback)
- Mentioned in Supreme Court makes it difficult to interfere unlawfully with economic relations, Financial Post, February 4, 2014 (by Julius Melnitzer)
Credentials
Education
- Osgoode Hall Law School, LL.B.
- University of Guelph, B.A.
Languages
- English
Professional Affiliations
- Canadian Bar Association
- American Bar Association
- Ontario Bar Association
- Law Society of Ontario
- Advocates’ Society
- ICC Canada Arbitration Committee
- Young Canadian Arbitration Practitioners (YCAP)
