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Jeff W. Galway
Partner, Toronto Office
Telephone
416-863-3859
Facsimile
416-863-2653
email
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Profile
Jeff Galway is a Partner practising litigation in the Firm's Toronto office. Over the past 22 years, Jeff has developed a practice that focuses on corporate/commercial, securities, pension and competition litigation. He also acts as litigation counsel on constitutional and tax matters. A significant aspect of Jeff's practice is representing corporations that have been named as defendants in class action proceedings.
Jeff's practice is national in scope. He has appeared before the courts in five of Canada's 10 provinces, the Federal Court of Canada and the Supreme Court of Canada. In addition, he has appeared as counsel before a number of administrative tribunals, including the Ontario Securities Commission, the Competition Tribunal and the Financial Services Tribunal.
Some of the recent matters where Jeff has acted as counsel include:
- Lead counsel to United Parcel Service of Canada (UPS) in its successful appeal before the Supreme Court of Canada involving the first Goods and Services Tax (GST) appeal to be heard by Canada's highest court. In its decision, the Supreme Court of Canada held that UPS was entitled to a GST rebate for overpayments of GST on goods imported into Canada.
- Lead counsel to the Association of Canadian Pension Management (ACPM), which acts as a national voice for plan sponsors, administrators and their associated service providers, in the ACPM's intervention before the Supreme Court of Canada in Nolan et al. v. Kerry (Canada) Inc. This appeal raises a host of pension-related issues, including payment of plan expenses, defined benefit and defined contribution, contribution holidays, as well as notice and cost issues.
- Lead counsel to the Insurance Bureau of Canada, an industry association whose membership comprises many of Canada's largest property and casualty insurers, in successfully opposing (in conjunction with the Nova Scotia Attorney General) a constitutional challenge brought in the Nova Scotia Supreme Court by a group of individuals injured in motor vehicle accidents who sought to have declared unconstitutional provincial legislation limiting claims for pain and suffering for minor injuries.
- Co-counsel to Hudson's Bay Company in the successful defence of one of the first pension class actions in Ontario to proceed to trial.
- Co-counsel to a group of bondholders in an oppression claim initiated in the Nova Scotia Supreme Court.
Jeff was also co-counsel to National Bank of Canada and a number of other banks before the Supreme Court of Canada in Canadian Western Bank v. Alberta [2007] 2 S.C.R. 3, which considered the jurisdiction of the provinces to regulate the banks' promotion of creditor insurance.
Jeff is recognized in Chambers Global: The Guide to the World's Leading Lawyers for Business 2010 in the area of dispute resolution. He is also recognized in The Best Lawyers in Canada 2010 in the areas of class action litigation and employee benefits law.
Jeff is frequently invited to speak at conferences on corporate/commercial, pension, class action and other litigation issues. For the past 12 years, he has been an instructor of a program jointly sponsored by Osgoode Professional Development and The Advocates' Society on written advocacy and has been a guest lecturer at the Osgoode Hall Intensive Trial Advocacy Course. In 2007, Jeff received the Osgoode Professional Development CLE Contribution Award in recognition of outstanding contribution to Osgoode Professional Development CLE. He is also a member of the Financial Services Tribunal Legal Advisory Committee, which provides confidential advice to assist the Tribunal in fulfilling its responsibilities under the Financial Services Commission of Ontario Act.
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Areas of Law
Litigation & Dispute Resolution
Class Actions
Competition, Antitrust & Foreign Investment
Pension & Employee Benefits
Foreign Investment Review
Competition Litigation
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Education
Admitted to the Ontario Bar - 1988
LL.B., Osgoode Hall Law School - 1986
B.Comm., Memorial University of Newfoundland - 1983
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Media Appearances
Interviewed -
"Law Firm Project Management",
Article by Christopher Guly, The Lawyers Weekly, February 12, 2010.
 Interviewed -
"Minor Injury Cap Doesn't Violate Charter",
Article by Donalee Moulton, The Lawyers Weekly, January 15, 2010.
 Interviewed -
"The Common Sense Approach to Deciphering a Tax Statute",
Article by Patricia Chisholm, Investment Executive, May 12, 2009.
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Recent Publications
Co-author -
"Supreme Court Broadens GST Rebate Entitlement",
International Law Office, May 22, 2009; also published in North American Free Trade & Investment Report, Volume 19, No. 10, May 31, 2009.
 Co-author -
"Supreme Court of Canada Releases Reasons for Decision in BCE Buyout Case",
BNA International, World Securities Law Report, Volume 15, No. 1, January 2009.
 Co-author -
"The Future of Class Actions in Canada: Added Complexity and Costs for Corporate Defendants",
Australian Product Liability Reporter, Vol. 19, No. 5, September 2008.
 Co-author -
"Recent Trends in Pension Class Action Lawsuits",
Blakes Pension & Employee Benefits Seminar, Toronto, Ontario, May 21, 2008.
 Co-author - "Supreme Court of Canada Rules that Province of Alberta Can License Banks’ Promotion of Creditor Insurance",
Blakes Bulletin on Litigation, June 2007.
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Recent Professional Activities
Instructor -
"The 12th Annual Course on Written Advocacy",
Osgoode Professional Development and The Advocates' Society, November 7-8, 2008.
 Speaker -
"The Kerry Case - What Does It Mean?",
Ontario Bar Association Professional Development, September 29, 2009.
 Speaker -
"Managing the Internal Investigation: Key Considerations in Planning and Execution",
3rd Annual Managing Internal and Regulatory Investigations, Osgoode Professional Development, April 20, 2009.
 Speaker -
"Matter Budgeting - Is the Pain Worth the Gain?",
Canadian Corporate Counsel Association 2009 National Spring Conference, April 5, 2009.
 Speaker -
"National Classes",
6th National Symposium on Class Actions, Osgoode Professional Development, April 3, 2009.
 Speaker -
"Responding to Class Action Lawsuits",
2008 Pension Summit: Securing the Future, The Conference Board of Canada, April 29, 2008.
 Co-chair and Speaker -
"Pre-empting Class Action Litigation, Steps to Reduce Risk",
Managing Class Action Risk, Federated Press, February 25 & 26, 2008.

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