Jeff W. Galway
Partner | Toronto
Toronto: 416-863-3859

Jeff is a senior trial and appellate counsel with a national practice focusing on corporate/commercial, securities, competition and pension law matters. A significant aspect of Jeff's practice involves defending class actions. He also regularly acts as counsel in constitutional and administrative/regulatory proceedings.

Jeff has appeared as counsel before courts in five Canadian provinces as well as before the Federal Court of Canada and the Supreme Court of Canada. He has also appeared before many administrative tribunals, including the Financial Services Tribunal, the Ontario Securities Commission and the Competition Tribunal.

In a recent survey of senior in-house counsel, Jeff’s clients noted: “He’s acted for us in very high profile litigation matters, class actions and is an excellent, excellent lawyer. Very business oriented, very comfortable with him understanding what our litigation goals are and representing us at all levels of court.” Other comments included “He’s done extremely significant litigation for us. Just top-notch for decades” and “very knowledgeable about our business and a strong commercial litigator. Very practical and very thoughtful, which is what you want in a litigator.”

SELECT EXPERIENCE
  • Acting for Labatt Brewing Company Limited in defending claims asserted for approximately C$1.4-billion in anti-trust class action proceedings in the Ontario Supreme Court brought against the Liquor Control Board of Ontario, Brewers Retail Inc., Labatt and two other major brewers. In March 2018, the Ontario Superior Court granted summary judgment dismissing the plaintiffs’ claims against all of the defendants

  • Acting for Marine Atlantic Inc. in connection with a judicial review application commenced in the Federal Court of Canada by Oceanex Inc. naming Marine Atlantic and the federal Minister of Transport as respondents. Oceanex challenged the rates established for commercial vehicles carried on Marine Atlantic’s ferries between the provinces of Nova Scotia and Newfoundland and Labrador. In a decision released in March 2018, Oceanex’s application was dismissed

  • Acted as co-counsel for United States Steel Corporation (USS) in connection with a recently released decision of the Ontario Superior Court confirming claims by USS in the aggregate amount of over C$2-billion in the ongoing insolvency proceeding of U.S. Steel Canada Inc.

  • Represented four underwriters in a securities class action relating to allegations of misrepresentation under Part XXIII.I of the Ontario Securities Act

  • Acted for a former officer of a publicly traded company in a proposed securities class action commenced in the Ontario Superior Court

  • Successfully acted on behalf of a Canadian trust company in obtaining early dismissal of class action alleging fraud in connection with the administration of a trust

  • Represented a large Canadian mutual fund manager in a securities class action involving allegations of market timing on the part of one of its clients

  • Successfully acted for a major pension plan sponsor in a class proceeding over ownership of surplus on the partial wind-up of the company's pension plan

  • Represented a large Canadian manufacturer/distributor in a civil competition class action involving allegations of civil conspiracy to increase prices

  • Successful in the Ontario Court of Appeal in upholding a lower court decision recognizing a New York judgment ordering specific performance of a contract of purchase and sale (Van Damme v. Gelber)

  • Lead counsel to the Association of Canadian Pension Management (ACPM), the national voice for plan sponsors, administrators and associated service providers, in the ACPM's intervention before the Supreme Court of Canada in Nolan et al. v. Kerry (Canada) Inc.

  • Lead counsel to the Insurance Bureau of Canada, an industry association comprised of many of Canada's largest property and casualty insurers, in successfully opposing a constitutional challenge brought in the Nova Scotia courts to statutory limitations with respect to a plaintiff's ability to recover damages for pain and suffering for minor injuries

  • Lead counsel to United Parcel Service of Canada (UPS) in its successful appeal before the Supreme Court of Canada concerning UPS's entitlement to claim rebates for tax paid in error

AWARDS & RECOGNITION

Jeff is recognized as a leading Canadian lawyer in the following publications:

  • Acritas Stars 2018: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in house counsel)

  • Chambers Canada: Canada's Leading Lawyers for Business 2018 (Litigation: General Commercial-Ontario (Band 4))

  • Who's Who Legal: Litigation 2018

  • The Best Lawyers in Canada 2018 (Class Action Litigation, Corporate Commercial Litigation, Directors and Officers Liability, Practice, Employee Benefits Law)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys 2018 (Litigation, Star - General Commercial, Securities, Competition) and identified as one of Benchmark Canada’s Top 50 Trial Lawyers

  • The Canadian Lexpert Legal Directory 2018 (Class Actions, Litigation - Corporate Commercial, Pensions and Employee Benefits - Employer)

  • The Lexpert Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers in Canada 2017 (Class Action)

Jeff received the Osgoode Professional Development Continuing Legal Education Contribution Award for his outstanding contribution to Osgoode's CLE programs.

PUBLICATIONS
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Blakes Bulletin on Litigation & Dispute Resolution, March 8, 2018.
Blakes Bulletin on Litigation & Dispute Resolution, January 27, 2017.
Blakes Bulletin on Litigation & Dispute Resolution, September 22, 2016
Co-author: Ontario Court Addresses Debt Re-Characterization Argument in CCAA Proceeding
National Insolvency Review, Vol. 33, No. 4, August 2016.
Blakes Bulletin on Litigation & Dispute Resolution, March 3, 2016.
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