OVERVIEW & EXPERTISE

 

Corporate disputes can have a significant impact on a company’s profitability, growth and reputation. Choosing the right advisers can make all the difference in assessing risk, developing a strategy and resolving a dispute successfully.

Our Litigation & Dispute Resolution group has extensive experience in corporate litigation. With litigators recognized among the best business lawyers in the country, we are the top choice of many of Canada’s leading companies.

Blakes litigators have appeared before all levels of court in Canada, including the Supreme Court of Canada, and have been involved in precedent-setting cases involving hostile take-overs, indemnification of directors and officers, proxy contests and directors’ duties. Our expertise is complemented by one of Canada’s largest and most experienced corporate and commercial law groups.

Specifically, we advise clients about:​​

  • Hostile Take-Overs and Shareholders Rights Plans - Blakes has litigated high-profile hostile take-overs and shareholders rights plans (poison pills) both for acquirers and targets. Notably, our litigators were successful in the leading Canadian hostile take-over case that dealt with issues such as crown jewels, break fees and conflicts in special committees. We also act in cases dealing with the calling of shareholders' meetings and the enforceability of non-disclosure agreements.
  • Oppression Claims and Derivative Actions - Corporate clients rely on our significant expertise in shareholder remedies and shareholder disputes litigation. Our lawyers have acted for both plaintiffs and defendants, often handling shareholder disputes involving allegations of oppression.
  • Change of Control Transactions, Plans of Arrangement and Corporate Reorganizations - Clients across industries frequently seek our advice on expeditiously and successfully completing innovative business arrangements. We advise on change of control transactions, plans of arrangement and corporate reorganizations. Our corporate and securities litigators regularly act for companies in court-approved processes and have represented clients in many of the largest and most complex business arrangements in Canada. We have also successfully defended challenges to corporate arrangements and are highly regarded by the specialized judges who hear such matters.
  • Share Valuation Proceedings (Dissents) - Working in tandem with our mergers and acquisitions, corporate finance, securities, regulatory and tax specialists, we provide accurate and timely advice on share valuation matters and assist clients in achieving their transaction goals.

In large, document-intensive cases, we integrate skilled paralegal support, leading-edge document management technology and a project management and e-discovery team to manage matters efficiently and cost effectively.


Representative Matters

  • Gold Reserve Inc. v. Endeavour Financial and Rusoro Mining Ltd., a case dealing with an injunction to restrain a take-over bid.
  • NovaGold Resources in the successful defence of an appraisal of dissenting shareholders’ shares in the first reported case to consider the Business Corporations Act (British Columbia) dissent provisions.
  • Daylight Resources Trust and Daylight Energy Ltd. in an action brought by holders of debentures for payment of a C$70-million change of control premium.
  • Agrium Inc. in a claim that Agrium breached a change of control agreement relating to the grant of options and the valuation of those options.
  • Canetic Resources Inc. in the C$3.6-billion corporate arrangement in which the fairness of the arrangement was challenged in court by unitholders of Canetic.
  • Suncor Energy Inc. in its challenge to the poison pill of Canadian Oil Sands for the Securities Commission.  Suncor launched a $6-billion hostile take-over bid for Canadian Oil Sands. Canadian Oil Sands implemented a 120-day poison pill (Suncor’s bid was a 60-day bid). The poison pill had the effect of frustrating Suncor’s bid.  Suncor challenged the poison pill in front of the Securities Commission and succeeded in having it cease-traded at 90 days. This was a high-profile litigation and the focus of national attention of media across the country. The Alberta Securities Commission granted an order cease trading the rights plan after 90 days (it had been designed to run to 120 days).
  • Calpine Power Income Fund and Calpine Canada Power Ltd. in an application brought by Harbinger Capital Partners Special Situations Fund LP to cease-trade the Calpine shareholder rights plan, in the context of a hostile bid by Harbinger.
  • GlaxoSmithKline Plc in its C$1.7-billion acquisition of ID Biomedical Corporation and challenges to the transaction made by certain warrantholders at the fairness approval hearing of the plan of arrangement.
  • Canadian Hydro Developers, Inc. before the Alberta Securities Commission in the context of a hostile take-over bid and a challenge to the Canadian Hydro shareholder rights plan. The Alberta Securities Commission advanced the law with respect to the importance of prior approval by shareholders of the duly constituted meeting of a rights plan. The Commission found that the rights plan should continue for the full length of its specified duration and noted the prior approval of shareholders and the knowledge of hostile bidders that the rights plan was in place, prior to making their bid.
 

 INDUSTRY RECOGNITION

 

Blakes Corporate Litigation lawyers are recognized as leaders in their field in the current editions of the following publications:

  • Chambers Global: The World's Leading Lawyers for Business
  • The Canadian Legal Lexpert Directory
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
  • Who's Who Legal: Canada
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys
  • The Best Lawyers in Canada
 

 PEOPLE

 
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Associate | Toronto
Toronto: 416-863-2678
Areas of Expertise: Litigation & Dispute Resolution, Securities Litigation, Corporate Litigation, Business Crimes, Investigations & Compliance, Class Actions, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Partner | Toronto
Toronto: 416-863-4316
Areas of Expertise: International Dispute Resolution, Corporate Litigation, Securities Litigation, Class Actions, Litigation & Dispute Resolution, Constitutional & Charter of Rights, Mining
Partner | Calgary
Calgary: 403-260-9697
Areas of Expertise: Restructuring & Insolvency, Corporate Litigation, Corporate & Commercial, Oil & Gas, Financial Services, Banking, Energy
Partner | Vancouver
Vancouver: 604-631-3344
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Class Actions, Business Crimes, Investigations & Compliance, Anti-Corruption & Bribery, Construction, Construction Dispute Resolution, Mining Litigation & Dispute Resolution
Associate | Vancouver
Vancouver: 604-631-4218
Areas of Expertise: Litigation & Dispute Resolution, Restructuring & Insolvency, Corporate Litigation
Partner | Toronto
Toronto: 416-863-2429
Areas of Expertise: Securities Litigation, Class Actions, Business Crimes, Investigations & Compliance, Corporate Litigation
Associate | Vancouver
Vancouver: 604-631-3308
Areas of Expertise: Corporate Litigation, Construction Dispute Resolution, Securities Litigation, Litigation & Dispute Resolution
Partner | Vancouver
Vancouver: 604-631-4177
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Construction Dispute Resolution, Class Actions, International Dispute Resolution, Mining Litigation & Dispute Resolution, Aboriginal Law
Counsel | Toronto
Toronto: 416-863-2426
Areas of Expertise: Construction Dispute Resolution, Class Actions, Product Liability, Corporate Litigation, Securities Litigation, Cybersecurity and Data Breach Response & Litigation
Associate | Vancouver
Vancouver: 604-631-4257
Areas of Expertise: Corporate Litigation, Securities Litigation, Business Crimes, Investigations & Compliance, Insurance Litigation
Partner | Montréal
Montréal: 514-982-5088
Areas of Expertise: Litigation & Dispute Resolution, Competition Litigation, Foreign Investment, International Dispute Resolution, Corporate Litigation, Securities Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, Anti-Corruption & Bribery, Constitutional & Charter of Rights, Business Crimes, Investigations & Compliance
Partner | Toronto
Toronto: 416-863-3859
Areas of Expertise: Class Actions, Corporate Litigation, Securities Litigation, Competition Litigation, Pension Litigation, Constitutional & Charter of Rights
Partner | Toronto
Toronto: 416-863-5849
Areas of Expertise: Corporate Litigation, Tax Controversy & Litigation, Class Actions, Privacy, Freedom of Information, Media & Defamation, Constitutional & Charter of Rights, Business Crimes, Investigations & Compliance, Cybersecurity and Data Breach Response & Litigation, Construction Dispute Resolution, Cybersecurity
Partner | Toronto
Toronto: 416-863-3266
Areas of Expertise: inSource, Class Actions, Corporate Litigation, Competition Litigation, Merger Review & Control, E-Discovery/SIRs, Securities Litigation, E-Discovery & Document Management, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Partner | Toronto
Toronto: 416-863-4009
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Securities Litigation, Corporate Litigation, Mining, International Dispute Resolution, Banking
Associate | Vancouver
Vancouver: 604-631-4282
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Corporate Litigation, Product Liability, International Dispute Resolution
Partner | Montréal
Montréal: 514-982-4020
Areas of Expertise: Corporate Litigation, Product Liability, Restructuring & Insolvency, Aviation/Aerospace, Manufacturing, Banking, Class Actions, Business Crimes, Investigations & Compliance
Associate | Vancouver
Vancouver: 604-631-5227
Areas of Expertise: Litigation & Dispute Resolution, Restructuring & Insolvency, Corporate Litigation, Product Liability
Partner | Toronto
Toronto: 416-863-4011
Areas of Expertise: Business Crimes, Investigations & Compliance, Media & Defamation, Corporate Litigation, Constitutional & Charter of Rights, International Dispute Resolution, Securities Litigation, Litigation & Dispute Resolution
Associate | Vancouver
Vancouver: 604-631-4178
Areas of Expertise: Corporate Litigation, Construction Dispute Resolution
Partner | Toronto
Toronto: 416-863-2938
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Corporate Litigation, Tax Controversy & Litigation, Aboriginal Law, Brownfields Redevelopment, Chemical & Waste Regulation, Environmental Assessment & Approvals, Environmental Litigation & Enforcement, Communications, Food, Beverage & Agribusiness, Manufacturing, Mining, Mining Streaming & Royalties, Environmental Litigation & Enforcement, Litigation & Dispute Resolution, Class Actions, Constitutional & Charter of Rights, Corporate Litigation
Partner | Vancouver
Vancouver: 604-631-3304
Areas of Expertise: Litigation & Dispute Resolution, Restructuring & Insolvency, Capital Markets, Corporate Litigation, Securities Litigation, IP Litigation, Construction Dispute Resolution, Mining Litigation & Dispute Resolution
Partner | Montréal
Montréal: 514-982-5032
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Corporate Litigation, Securities Litigation, Restructuring & Insolvency, Intellectual Property, IP Licensing & Agreements, IP Litigation
Associate | Calgary
Calgary: 403-260-9687
Areas of Expertise: Mergers & Acquisitions, Oil & Gas, Infrastructure, Power, Corporate Litigation, International Dispute Resolution, Business Crimes, Investigations & Compliance, Construction Dispute Resolution, Anti-Corruption & Bribery
Associate | Vancouver
Vancouver: 604-631-4228
Areas of Expertise: International Dispute Resolution, Corporate Litigation, Securities Litigation, Trade Litigation, Banking, Mining, United States, China
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