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, constitutional, competition and pension law matters. A significant aspect of Jeff's practice involves defending class actions. He also regularly acts as counsel in regulatory 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 in-house counsel conducted by Acritas, legal research experts, one of Jeff’s clients noted: “He does all of our high-value litigation, and he's just an exceptional litigation lawyer. He's an incredibly sound lawyer with legal skills and with practical advice.” Other client comments about Jeff have 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 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. An appeal was heard by the Federal Court of Appeal on May 28 and 29, 2019.

  • Acted 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. The motions judge's dismissal of the action was subsequently upheld by the Ontario Court of Appeal.

  • 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.

  • Acted for Insurance Bureau of Canada (IBC) in a case before the Ontario Superior Court of Justice where the applicant challenged the constitutionality of certain provisions of the Ontario Insurance Act that limit the amount of lost income that can be recovered before trial by a person injured in an automobile accident along with amendments to the Insurance Act granting exclusive jurisdiction to the Ontario Licence Appeal Tribunal to adjudicate all disputes relating to statutory no-fault benefits. IBC supported the constitutionality of the legislation. Application was dismissed in May 2017, and the dismissal was subsequently upheld by the Ontario Court of Appeal.

  • Acted as co-counsel to Canadian Western Bank before the Supreme Court of Canada (Canadian Western Bank v. Alberta). Case raised division of powers, interjurisdictional immunity and paramountcy issues.

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

  • 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.

  • 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).

  • Acted as 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.

  • Acted as 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:

  • The Best Lawyers in Canada 2020 (Class Action Litigation, Corporate Commercial Litigation, Directors and Officers Liability, Practice, Employee Benefits Law)

  • The Canadian Legal Lexpert Directory 2019 (Class Actions and Corporate Commercial Litigation)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2019 Edition (Litigation: General Commercial, Securities, Competition; identified as one of the Top 50 Trial Lawyers in Canada)

  • 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

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.
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