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COMMERCIAL LITIGATION CASES ARGUED BY TGP

Alexander v. Rosedale United Church, 2010 ONSC 4224. Obtained a dismissal for delay of a claim for wrongful dismissal.

Jaffer v. York University, [2009] O.J No. 4606 (S.C.J.), appeal heard and in reserve with the Ontario Court of Appeal. Acted for university in an action brought by a student on the basis of a failure to provide appropriate academic accommodations for his disability. On a Rule 21 Motion, the case against the university was struck, without leave to amend, on the basis that the university had exclusive jurisdiction to adjudicate the "educational malpractice" elements of the claim and the Ontario Human Rights Tribunal had exclusive jurisdiction to adjudicate the Human Rights elements of the claim.

Inveresk PLC v. Precision Fine Papers Inc., [2008] O.J. No. 229 (S.C.J.). Obtained summary judgment in a commercial dispute against a purchaser of goods, in the face of a competing counterclaim concerning the condition of the goods.

Olar v. Laurentian University, [2008] O.J. No. 4623 (C.A.). Acted for University in appeal of decision relating to alleged misrepresentations in the University's promotional materials.

Lafontaine - Rish Medical Group v. Global T.V. News (2008), 232 O.A.C. 198 (Ont. Div. Ct.). Acted for a large broadcasting company defending a defamation claim arising out of a story on the activities of a Toronto and New York plastic surgery clinic. Successfully brought a motion to dismiss the matter for delay, which was challenged but upheld by the Divisional Court and the Ontario Court of Appeal.

Dawson v. University of Toronto, [2007] O.J. No. 4861 (C.A.). Acted for university. The Court of Appeal upheld the lower court decision in which the case against the university was struck, without leave to amend, on the basis that the court lacked jurisdiction to adjudicate an "educational malpractice" claim.

Frohlinger v. Nortel Networks Corp. (2007), 40 C.P.C. (6th) 62 (Ont. S.C.J.). Acted as D&O insurance coverage counsel for policyholder in multi-billion dollar securities class action settlements in the U.S. and Canada.

Canada (Attorney General) v. Reliance Insurance Co. (2007), 87 O.R. (3d) 42 (Ont. S.C.J. (Comm. List)). Brought a motion to stay a liquidator’s proceeding due to an arbitration clause in an underlying agreement.

Brown v. Raymond James Ltd. (2007), 51 C.P.C. (6th) 76 (Ontario S.C.J.). Argued security for costs motion in a commercial litigation case involving principles of international comity.

Semple v. Canada (Attorney General) (2006), 40 C.P.C. (6th) 314 (Man. Q.B.). Acted for a third party religious institution in motion to certify the largest class action in Canadian history (with a class size of over 90,000), and to approve the settlement of the action.

Baxter v. Canada, [2005] O.J. No. 2165 (Ont. S.C.J.). Acted for church in proposed class action claim. At issue in the motion was whether the third parties had the right to bring motions to dismiss the third party claims before the certification motion in the underlying class action.

Grace v. Fort Erie (Town) (2003), 42 M.P.L.R. (3d) 180 (S.C.J.). Acted as co-counsel for municipality in defence of a certification motion in an environmental class action. Certification motion was dismissed and the court granted summary judgment.

Treats Inc. v. Richter, Usher and Vineberg, Chartered Accountants, [2003] O.J. No. 527. Acted for defendant in a successful security for costs motion in a case where fraud was alleged against a former counsel and director of the plaintiff company. The court found that the plaintiff did not have enough exigible assets to satisfy a costs award and that many assets could disappear into the hands of creditors.

Pearson v. Inco Ltd. (2002), 33 C.P.C. (5th) 264 (Ont. S.C.J.). Acted as co-counsel for municipality in defence of a certification motion in an environmental class action.

Re Thomson Kernaghan & Co., [2003] O.J. No. 5300 (S.C.J.). Acted for two of the vice-presidents in a matter involving the bankruptcy of Thomson Kernaghan & Co.

Canadian Premier Holdings Ltd. v. Winterthur Canada Financial Corp. (2000), 132 O.A.C. 172 (C.A.). Acted for Winterhur Canada Financial Corp. on appeal. At trial, Winterhur was ordered to pay certain assessments arising from the insolvency of several Life Insurance companies. On appeal, the trial decision was reversed and Winterhur was not required to pay any assessments.

Visagie v. TVX Gold Inc., [1998] O.J. No. 4032 (Gen. Div.). Acted for a large gold mining company in a lengthy trial involving allegations of breach of fiduciary duty, confidentiality, and breach of contract.

Toronto-Dominion Bank v. Bank of Montreal (1995), 22 O.R. (3d) 362 (Gen. Div.). Successfully defended a director at trial against claims of unjust enrichment flowing from a mistaken wire transfer deposit.

Despot Estate v. Vernad Associates Inc., [1994] O.J. No. 2339 (Gen. Div.). Acted for a land owner resisting being added as a necessary party to a land dispute between the plaintiffs and other previous holders of the land.

Thomson v. United Church of Canada, [1993] O.J. No. 3278 (Gen. Div.). Defended a church in an action in which the complainant unsuccessfully sought a publication ban.

ViSP Construction v. Scepter Manufacturing Co., [1991] O.J. No. 356 (Gen. Div.). Acted for the defendant pipe manufacturer in a trial over whether the pipes provided for a municipal construction project were defective.

Bay Tower Homes v. St. Andrew's Land Corp., [1990] O.J. No. 594 (S.C.J.). Acted for defendant builder in an action concerning whether there was a binding agreement of purchase and sale of a condominium unit. The court found that there was no offer and acceptance and that the real estate broker had no authority to bind the defendants.

Caruso v. Northern Telecom Ltd., [1990] O.J. No. 2156 (Ont. Ct. (Gen. Div.)). Acted for defendant in an action for wrongful dismissal, in which the court found just cause after trial.