WWW.LEXPERT.CA
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2017
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LEXPERT 19
Franklyn, Peter H.G. Osler, Hoskin & Harcourt LLP
(416) 862-6494 pfranklyn@osler.com
Mr. Franklyn is a leading advisor with over 30 years of experience in
competition/antitrust matters including government investigations and
related class actions, complex domestic and multi-jurisdictional M&A
transactions, strategic alliances, cartels, pricing and distribution, foreign
investment and national security matters.
Foreman, Jonathan Harrison Pensa LLP
(519) 661-6775 jforeman@harrisonpensa.com
Partner and leader of Harrison Pensa's plaintiffs' Class Action Group with a
focus on securities, competition law, consumer and product law among other
areas. He is an experienced litigator in all areas of class actions practice,
including class action trials. Recognized in Lexpert's annual directory and
special publications, winner of Lexpert's "Rising Stars Leading Lawyers Under
40" award in 2013.
Forbes, Sandra A. Davies Ward Phillips & Vineberg LLP
(416) 863-5574 sforbes@dwpv.com
Ms. Forbes is a leading litigator in corporate/commercial, class action,
securities and competition litigation. She is a Fellow of the American College
of Trial Lawyers and International Academy of Trial Lawyers, and former
president of the Advocates' Society.
Fontaine, Jean Stikeman Elliott LLP
(514) 397-3337 jfontaine@stikeman.com
Head of the Montréal Litigation and Bankruptcy, Insolvency & Restructuring
Groups, as well as a member of the Montréal office's Management
Committee. His practice focuses in the areas of insolvency and commercial
litigation. Among other clients, he represents financial institutions, trustees
and public companies.
Flaherty, Patrick Chernos Flaherty Svonkin LLP
(416) 855-0403 pflaherty@cfscounsel.com
Practice focuses on civil litigation, with an emphasis on corporate/
commercial, securities, class action defence, arbitration, intellectual
property, information technology and privacy. Has appeared before all levels
of court in Ontario and in the Federal Court of Canada, and as counsel and
an arbitrator, respectively, in both domestic and international arbitrations.
Finnigan, John L. Thornton Grout Finnigan LLP
(416) 304-0558 jfinnigan@tgf.ca
Mr. Finnigan practises complex commercial litigation with significant
experience in insolvency and restructuring litigation. He has been lauded
as "a spectacular lawyer" and "a very credible, no-nonsense litigator who is
extremely effective in court" in Chambers Global. He has been ranked in the
Lexpert/ALM Guide to the Leading 500 Lawyers in Canada and in Chambers
Global since 2011.
LEXPERT-RANKED LAWYERS
termine guilt and liability, when a party allegedly
fails in their good faith obligations. In rulings
that modernize common law, the courts decided
that, when it came to contractual interpretation,
judges could go beyond the literal words within a
contract to infer broader intent.
For the Canadian business world, rulings such
as Bhasin v. Hrynew, 2014 SCC 71, and Sattva
Capital v. Creston Molly, 2014 SCC 53, have im-
plications for how companies should negotiate
and perform their obligations in a contract. e
rulings also re-emphasized the need for crystal
clear language in the terms parties put into their
contracts. Yet, some lawyers argue, the Supreme
Court has also added more uncertainty and risk
for businesses that think they've just signed an
airtight agreement.
In Bhasin the SCC noted that a notion of
"good faith" underlies many elements of modern
