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About Andrea

Andrea leads the Firm's Securities Litigation group. Her practice focuses on complex litigation with a capital markets dimension, including securities class actions, litigation relating to public disclosures and financial products, regulatory enforcement, and investigations.

Andrea frequently coordinates with counsel in other jurisdictions in multijurisdictional and cross-border matters and provides crisis response and risk management advice to public companies. She advises on the professional liability, indemnification and insurance of directors and officers. She also frequently represents accounting firms in connection with civil and regulatory professional responsibility claims and investigations.

Andrea represents defendants to competition and benchmark-related class actions when securities or financial products are at issue. Her clients include a wide range of capital market participants, including financial institutions, public issuers and professional services firms.

Andrea has successfully argued cases at all levels of court, including the Supreme Court of Canada, the Court of Appeal for Ontario, the Divisional Court, and the Superior Court of Justice including the Commercial List. She has been repeatedly recognized by Benchmark Canada as one of the Top Women in Litigation in Canada.

Andrea participates actively in pro bono and diversity initiatives. She is the practitioner faculty lead for the Osgoode Hall annual course on written advocacy and is a member of the Ontario Bar Association Class Action Bench and Bar Committee. She speaks and writes frequently about class action and securities litigation topics and is sought out as a commentator on legal developments and legislative reforms in these areas.

Select Experience

A selection of Andrea's recent and current representative matters includes acting as counsel to:

  • A major Canadian cannabis company in connection with investigations into restatements of financial statements and a regulatory settlement with the Ontario Securities Commission which was approved before the Ontario Capital Markets Tribunal.

  • KPMG LLP in Hrusa v. CannTrust Holdings Inc. et al., a proposed securities class action relating to the restatement of financial disclosures. Andrea was successful lead counsel in opposing the sanction of CannTrust's CCAA Plan of Arrangement before the Commercial List on the basis of terms that were unfair to non-settling defendants (CannTrust Holdings Inc., et al. (Re), 2021 ONSC). The decision has been reported in the international insolvency press: "Cannabis producer secures CCAA plan," Global Restructuring Review, D. Lawson, July 2021 (Hrusa is ongoing).

  • BDO LLP in its successful opposition to the certification, in Whitehouse v. BDO, of a class action relating to an investment fund. The case represents an important development in the law as it relates to auditors' duties of care to investors, and it was upheld on appeal to the Divisional Court. Both decisions are reported in the Ontario Reports (149 O.R. (3d) 85 & 156 O.R. (3d) 54). The Court of Appeal for Ontario has denied further leave to appeal. The plaintiffs' application for leave to appeal was refused by the Supreme Court of Canada.

  • Celestica Inc. in its successful appeal before the Supreme Court of Canada to uphold the limitation period for bringing a statutory secondary market securities class action (Trustees of the Millwright Regional Council of Ontario Pension Trust Fund v. Celestica Inc. et al.). The decision makes several important observations relating to the interplay between the Ontario Securities Act and the Class Proceedings Act (case dismissed).

  • The Bank of Nova Scotia in Mancinelli v. The Bank of Nova Scotia et al., a proposed class action relating to alleged collusion in connection with the setting of benchmarks in gold and silver markets (ongoing).

  • The Canadian Imperial Bank of Commerce in Campbell v. Canadian Imperial Bank of Commerce, a class action relating to NSF fees on "representment" (ongoing).

  • Grant Thornton LLP in Kew Media Inc. et al. v. Grant Thornton LLP, a Receiver's action (claim was discontinued).

  • RBC Global Asset Management Inc. in Ross v. RBC Global Asset Management Inc., a class action relating to trailing commissions in the mutual fund industry (ongoing).

  • RBC Direct Investing Inc. in Frayce v. RBC Direct Investing Inc. and Michaud v. RBC Direct Investing Inc., class actions brought in Ontario and British Columbia, respectively, relating to trailing commissions in the mutual fund industry (ongoing).

  • Certain underwriters of Hexo Corp. in Morley v. Hexo Corp. et al., a securities class action relating to public disclosures in the cannabis industry (case dismissed against the underwriters).

  • Bank of America in Mancinelli v. Bank of America et al., a class action pursued in the Federal Court and the Ontario Superior Court of Justice relating to alleged collusion in the setting of benchmarks in the SSA Bond market (matter resolved on favourable terms).

  • Goldman Sachs Inc. in Staines v. Royal Bank of Canada, a proposed class action relating to alleged collusion in the setting of foreign exchange benchmarks (matter resolved on favourable terms).

  • Cronos Group Inc. in its successful application to enforce an extended reporting period in its officers' and directors' liability insurance, Cronos Group Inc. v. Assicicurzioni Generali, 2021 ONSC 1704 (S.C.J). The decision was upheld by the Court of Appeal for Ontario (2002 ONCA 525).

  • Advising various independent committees in connection with whistle-blower claims.
Awards & Recognition

Andrea is recognized as a leading lawyer in the following publications:

  • Chambers Canada: Canada's Leading Lawyers for Business (2023–2024: Dispute Resolution: Class Action (Defence); 2020–2024: Litigation Securities)

  • The Best Lawyers in Canada (2021–2024: Director and Officer Liability Practice, Securities Law; 2020–2024: Corporate and Commercial Litigation; 2016-2023: Class Action Litigation)

  • Thomson Reuters Stand-out Lawyers – Independently Rated Lawyers – 2017–2024 (As nominated by senior in-house counsel)

  • The Canadian Legal Lexpert Directory (2019–2024: Consistently Recommended – Class Actions; 2013–2024: Repeatedly Recommended – Litigation – Corporate Commercial; 2024: Repeatedly Recommended – Environmental, Social & Governance (ESG), Litigation – Securities; 2013–2023: Consistently Recommended – Securities Litigation)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (2015–2024: Litigation Star – Class Actions; 2014–2024: Litigation Star – Commercial Litigation and Securities Litigation)

  • Benchmark Canada's Top 100 Women in Canadian Litigation – 2016–2023 (formerly, Top 25 and Top 50 Women in Canadian Litigation) 

  • Lexpert Special Edition on Litigation, December 2019 (Leading Lawyer)

Professional Activities

Aside from her practice, Andrea frequently writes and speaks about class action developments. She has taught in The Advocates' Society/Osgoode Hall Law School intensive written advocacy course since 2014 and has been practitioner faculty lead since 2018.

Andrea has been a member of the Ontario Bar Association's Class Action Bench and Bar Committee since 2022.

She is also a member of the Canadian Bar Association, the Law Society of Ontario, the Toronto Lawyers Association and The Advocates' Society.

Publications
Professional Appearances
  • Co-presenter : Calibrating Unconscionability: Arbitration Clauses in the Post-Uber World
    Cambridge Forum on Canadian Class Actions 1st Generation, Fairmont Hotel, Vancouver, British Columbia, March 3 - 5, 2024.
  • Speaker : Arguing the Facts and Law in Your Factum, Plenary Address
    Annual Course on Intensive Written Advocacy, Osgoode Hall, Toronto, Ontario, November 17, 2023.
  • Instructor : Annual Course on Intensive Written Advocacy
    The Advocates' Society, Osgoode Hall, Toronto, Ontario, 2014–2023.
  • Speaker : Developing Your Examination-in-Chief: Strategic Considerations
    Plenary Session, The Advocates' Society, November 29, 2022.
  • Moderator : Multi Jurisdictional Issues – Cross Canada Check In
    Northwinds Class Action Forum, Langdon Hall, Cambridge, Ontario, September 30, 2022.
  • Interviewer : A Fireside Chat with Supreme Court Justice Suzanne Côté
    Northwinds Class Action Forum, Langdon Hall, Cambridge, Ontario, September 29, 2022.
  • Moderator : New Developments in Civil Securities Litigation
    Blakes Business Class Webinar, Toronto, Ontario, September 15, 2022.
  • Speaker : The Art of Negotiation
    Women of Global Asset Management Webinar, January 25, 2022.
  • Co-speaker : Spotlight on ESG Investments Increases Litigation Risk
    Episode 17, The Blakes Continuity Podcast, October 19, 2021.
  • Co-moderator : A Conversation with Securities Regulators
    Blakes Business Class Webinar, Toronto Ontario, May 5, 2021.
  • Panellist : Delivering Better Litigation Results with Technology Legal Expertise and Enhanced Process Management
    Canadian Legal Innovation Forum Webinar, October 15, 2020.
  • Panellist : The Changing Risk Landscape and Mitigating Strategies for Alternative Investment Managers
    The Alternative Investment Management Association (AIMA) Webinar, Toronto, Ontario, September 16, 2020.
  • Speaker : Securities Litigation in 2020 and Beyond
    Blakes Business Class Webinar, Toronto, Ontario, June 18, 2020.
  • Speaker : Directors’ and Officers’ Exposure – A Practical Primer
    Blakes Business Class Seminar, Calgary Petroleum Club, Calgary, Alberta, February 7, 2020.
  • Speaker : Directors’ and Officers’ Exposure – A Practical Primer
    Blakes Business Class Seminar, Vancouver, British Columbia, February 6, 2020.
  • Interviewer : An Evening of Conversation with Hayley Wickenheiser
    Blakes 11th Annual Women’s Event, October 10, 2019.
  • Moderator : Managing Public and Media Relations & Public Disclosures During an Investigation
    Northwind’s 2nd Internal & Enforcement Investigations Forum, Langdon Hall, Cambridge, Ontario, June 12, 2019.
  • Co-presenter : Canadian Women in Private Equity (CWPE): Alternative Investment Management Liability and Claims Management
    Offices of Marsh Canada, Toronto, Ontario, April 3, 2019.
  • Panellist : Securities Litigation Seminar Update
    Recent Developments and Emerging Issues, Toronto, Ontario, February 21, 2019.
  • Panellist : Securities Litigation Seminar
    Class Action Climate in Canada: Recent Developments and Emerging Trends, Toronto, Ontario, January 30, 2019.
  • Panellist : Securities Class Action Update
    Association of Corporate Counsel, Ontario Chapter, Toronto, Ontario, October 18, 2018.
  • Moderator : Managing International Litigation
    Benchmark Women in Litigation Forum, New York, New York, September 13, 2018.
  • Panel Moderator and Speaker : Learnings and Country Western Musing from In-House Counsel
    Northwind’s 2018 Class Actions Invitational Forum Certification and Beyond, Cambridge, Ontario, June 11-13, 2018.
  • Panellist : Career Management: Pressing Issues at the Forefront
    Canadian Bar Association and Ontario Bar Association’s Women Lawyers’ Forum, Toronto, Ontario, May 3, 2018.
  • Speaker : Class Action Exposure
    Managing Litigation Risk in Foreign Acquisitions: What Every Buyer Should Know, Blakes Business Class Seminar, Toronto, Ontario, March 7, 2018.
  • Speaker : Managing Class Actions In-House, A Special Litigation Presentation: Class Actions Advocacy
    The Advocates’ Society, Toronto, Ontario, February 12, 2018.
  • Speaker : What’s Next in Securities Litigation: Emerging Technologies and Industries
    Blakes Business Class Seminar, Toronto, Ontario, February 8, 2018.
  • Speaker : Managing Enterprise Risk: Spotlight on Directors’ and Officers’ Liability
    Blakes Business Class Seminar, Toronto, Ontario, December 6, 2017.
  • Panel Moderator : Successfully Managing Large Litigation
    Women in Litigation Canada Forum, Benchmark Litigation, Toronto, Ontario, October 18, 2017.
  • Instructor : The 21st Annual Written Advocacy Program
    Osgoode Hall Law School, York University, Toronto, Ontario, October 13-14, 2017.
  • Chairperson : Navigating Securities Litigation Risk: A Review of Recent Developments
    Blakes Business Class Seminar, Toronto, Ontario, February 8, 2017.
Media Activities
  • Quoted : Cronos pays $1.34-million to settle accounting allegations with Canadian and U.S. regulators
    Article by David Milstead, The Globe and Mail, October 24, 2022.
  • Quoted : Cannabis producer secures CCAA plan
    Article by Dominic Lawson, Global Restructuring Review, July 2021.
  • Quoted : Cannabis Sector Litigation on Rise
    Article by Elizabeth Raymer, Lexpert Special Edition: Agribusiness and Cannabis, June 11, 2020.
  • Quoted : Manipulating the Benchmmark
    Article by Elizabeth Raymer, Report on Business Magazine, Special Edition, Canada’s Leading Litigation Lawyers, December 2018.
  • Quoted : Slowdown in Securities
    Article by Julius Melnitzer, Report on Business Magazine, Special Edition, Canada’s Leading Litigation Lawyers, December 2018.
  • Quoted : Canadian Court Restores Auditors' Protection Against Lawsuits
    Article by Peter Menyasz, Bloomberg BNA, September 12, 2018.
  • Featured : Leading in Litigation: Five women litigators talk about the challenges and rewards of being a woman litigator
    Article by Jennifer Brown, InHouse, Canadian Lawyer, January/February 2018.
  • Quoted : Assessing the fallout from Livent v. Deloitte
    Article by Barry Critchley, Financial Post, National Post, December 22, 2017.
Education

Admitted to the Ontario Bar – 2000
LLB/BCL, McGill University – 1998
BA (Hon.), Victoria College, University of Toronto – 1993

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