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Jeff Galway

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  • 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:

  • Chambers Canada: Canada's Leading Lawyers for Business 2021 (Litigation: General Commercial-Ontario (Band 4))

  • The Best Lawyers in Canada 2021 (Class Action Litigation, Corporate Commercial Litigation, Directors and Officers Liability, Practice, Employee Benefits Law, Securities Law)

  • Who's Who Legal: Canada 2020 (Litigation)

  • 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)

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

Professional Activities

Jeff is an honorary overseas member of the Commercial Bar Association of the U.K. He is a frequent speaker on the subject of class actions and other litigation-related topics. For more than 15 years, he was an instructor at 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 Law School intensive trial advocacy program. Jeff was a member of the Canadian Bar Association and Auditing and Assurance Standards Board's Task Force updating the Joint Policy Statement on audit inquiries.

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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