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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38 LEXPERT | 2018 | WWW.LEXPERT.CA Pepall, William E. Lerners LLP (416) 601-2352 wpepall@lerners.ca Mr. Pepall is a Certified Specialist in Civil Litigation. He has pleaded cases at arbitration and before all levels of court in Ontario, and before the Supreme Court of Canada. He has made special appearances before the SEC, the OSC, and courts in Manitoba, South Carolina, and British Columbia. His practice includes professional liability, securities, employment and shareholder disputes. Pasquariello, Joe Goodmans LLP (416) 597-4216 jpasquariello@goodmans.ca Mr. Pasquariello focuses on corporate restructuring, bankruptcy and insolvency litigation. He represents key parties in high-profile and complex domestic, cross-border and international matters, including Nortel and Carillion. He is recognized as a leading insolvency/restructuring lawyer by various guides, chairs industry seminars, and is a member of the Insolvency Institute of Canada and INSOL. Pasparakis, Orestes Norton Rose Fulbright Canada LLP (416) 216-4815 orestes.pasparakis@nortonrosefulbright.com Mr. Pasparakis's practice encompasses complex commercial and securities litigation, shareholder activism, corporate reorganization and patent litigation. He focuses on high-stakes disputes that often proceed in "real time" or on an urgent basis. Paré, Frédéric Stikeman Elliott LLP (514) 397-3690 fpare@stikeman.com Mr. Paré is a partner in the Litigation & Dispute Resolution Group and an experienced trial lawyer. He specializes in commercial law, including shareholder disputes, securities, transactional litigation, product liability, as well as franchise law. He has also acquired extensive experience in the defence of class actions of various natures. Pape, Paul J. Pape Chaudhury LLP (416) 364-8765 paul@papechaudhury.com Mr. Pape's litigation practice focuses on complex commercial, securities, class action, professional negligence and administrative matters, with special emphasis on appeals in these and other areas. He is a Fellow of the IATL and the ACTL. He has acted in a number of cases of significance. He is an honourary member of The Commercial Bar of England (COMBAR). He was called to the Bar in 1971. Paliare, OO, LSM, Chris G. Paliare Roland Rosenberg Rothstein LLP (416) 646-4318 chris.paliare@paliareroland.com Mr. Paliare's practice embraces trials, hearings and appeals. His cases engage commercial, administrative, class action, employment and professional discipline matters. He is a Fellow of the IATL, ACTL, ISB and is an Hon. Fellow of COMBAR. LEXPERT-RANKED LAWYERS for each of these three cases [forex, gold and silver benchmarks]; the harm is felt everywhere. … If the alleged conspiracy is internation- al, the market is international." Andrea Laing, a litigation part- ner at Blake, Cassels & Graydon LLP in Toronto who acts for class action defendants, notes that these types of lawsuits are relatively new. "ey were sparked by certain regulatory investigations, starting in the 2012 timeframe in connec- tion with Libor," she says. Since then, there have been a number of cases related to benchmarks, along with regulatory investigations into these activities, primarily in the UK and US. is regulatory activity has also sparked civil liti- gation in the form of class actions. "In Canada, we're seeing copy- cat class actions when Canadian plaintiffs' lawyers … have seen fit to pursue actions that that are premised on class action claims being brought in the US," Laing explains. "We've started to see a number of these cases in Canada over the last four years. It's an illustration of how Canada is affected by global regulatory and litigation trends; eventu- ally we see some form of [that activity] here." Enforcement activity in benchmark manipu- lation has been greater in the United States than in Canada, say counsel for the classes, with some complaining that the Competition Bureau's lack of enforcement has resulted in the class action bar picking up the torch on behalf of plaintiffs. "I'd say we do no enforcement" in Canada, says Baert; compared to the United States and other jurisdictions, "our regulatory action is almost toothless. I'm not sure why our regulators couldn't have done exactly what we did when we accumu- lated information in the FX cases." In the US, he adds, "a much more viable threat" exists to finan- cial institutions manipulating benchmarks from the federal government and its Securities and Ex- change Commission. But although there has not been "much overt enforcement activity in connection with bench- mark issues in Canada," Laing says, she notes other responses including dra regulations. British Columbia, Ontario, Saskatchewan, New Brunswick, Prince Edward Island, and Yukon, along with Canada on the federal level, are en- gaged in trying to develop a common securities regulator through the Cooperative Capital Mar- kets Regulatory System initiative. Ontario's Cap- ital Markets Act and the federal Capital Markets Stability Act have already been draed, though

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