Lexpert Special Editions

Lexpert Special Edition on Litigation 2018

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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32 LEXPERT | 2018 | WWW.LEXPERT.CA Major, CC, QC, John C. (Jack) Bennett Jones LLP (403) 298-3166 majorj@bennettjones.com The Honourable Mr. Major, retired Supreme Court of Canada judge, rejoined Bennett Jones LLP as a consultant in 2006. In that role, he provides strategic and tactical reviews of significant matters for the firm's clients and is a senior mentor to the lawyers and staff of the firm. His present areas of practice include mediation, arbitration, corporate governance and consultation. Maidment, Scott McMillan LLP (416) 865-7911 scott.maidment@mcmillan.ca Mr. Maidment is recognized for his expertise in defending pharmaceutical class actions. He has been described as a "quite brilliant strategist" who "stands out for his class action work." MacKewn, Melissa J. Crawley MacKewn Brush LLP (416) 217-0840 mmackewn@cmblaw.ca Ms. MacKewn, a former OSC prosecutor, advises on securities regulatory proceedings and corporate and securities-related litigation, including secondary-market class actions, corporate and shareholder disputes, oppression remedy matters, proxy battles, corporate governance matters, investment loss claims, breach of contract and professional negligence matters. MacKenzie, Gavin MacKenzie Barristers (416) 304-9293 gavin@mackenziebarristers.com Mr. MacKenzie's practice focuses on civil appeals and professional issues. He has appeared as counsel in over 200 reported cases, including in the Supreme Court of Canada. He has been honoured as a Fellow of the American College of Trial Lawyers and is a former Treasurer (elected head) of the Law Society of Ontario. He has been named Lawyer of the Year for both Appeals and Lawyers' Liability. Mack, QC, Perry R. Peacock Linder Halt & Mack LLP (403) 296-2275 pmack@plhlaw.ca Mr. Mack has a broad litigation, arbitration and mediation practice. He has been recognized as Alberta Litigator of the Year, ADR Lawyer of the Year, Personal Injury Lawyer of the Year and has leading rankings from Lexpert®, Benchmark Canada, Chambers Canada, Best Lawyers and Martindale- Hubbell. He is a Past President of the Law Society of Alberta. MacFarlane, Robert H.C. Bereskin & Parr LLP (416) 957-1616 rmacfarlane@bereskinparr.com Mr. MacFarlane's practice focuses on litigation for patent, trademark, copyright and confidential information cases. He has appeared in the Ontario Superior Court, the Ontario Court of Appeal, the Federal Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada. He is one of Canada's top patent litigators and became a Fellow of the American College of Trial Lawyers in 2016. LEXPERT-RANKED LAWYERS mission governs a far larger population and is considerably more aggressive than its Canadian counterparts. "at's important because class coun- sel can piggyback their cases on regulatory investiga- tion and findings," says Wendy Berman in Cassels Brock & Blackwell LLP's Toronto office. "In 2017, for example, the Canadian Securities Administra- tors took actions against only seven companies for disclosure violations." e upshot is that securities class actions now give plaintiffs' lawyers much greater pause for thought than they did in the past. "e SCC breathed life "WHAT CANADA IS EXPERIENCING SO FAR IS A LITTLE BIT OF A SLOW- DOWN. WE'LL HAVE TO WAIT AND SEE, ESPECIALLY BE- CAUSE IT TAKES FROM SIX TO 18 MONTHS FOR US ACTIONS TO SPUR COPYCAT CASES IN CANADA." ANDREA LAING; BLAKE, CASSELS & GRAYDON LLP Distribution of Filings Across Provinces into the idea that the plaintiffs must introduce some evidence to show that they can succeed and that the court must do a full analysis of that evidence," Ber- man says. "Plaintiffs' counsel now have to invest significantly at the outset of the case in terms of marshalling factual and expert evidence." In other words, a fortified leave test has caused plaintiffs' lawyers, working on contingency, to look harder at their financial metrics. "We're seeing a more conservative approach from plaintiffs who have to invest resources up front in securities class actions," Laing says. "ere are also other types of capital markets cases, such as the ones relating to the manipulation of financial benchmarks, that don't require leave and will divert resources avail- able for securities class actions."

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