Lexpert Special Editions

Special Edition on Litigation 2017

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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P.6 DEFERENCE TO ARBITRATION BY SHELDON GORDON P.11 RECENT TRENDS IN SECURITIES ENFORCEMENT BY DANIELLE ROYAL, STÉPHANIE LAPIERRE AND RÉMI LEPRÉVOST P.12 INTERNET JURISDICTION BY JOHN GREENWOOD P.17 A NEW TOOL FOR MANAGING THE COST OF LITIGATION BY TANIA SULAN, NAOMI LOEWITH AND NICKOLAS TZOULAS P.18 CONTRACTUAL INTERPRETATION BY ANTHONY DAVIS P.24 CLASS REPRESENTATION BY PAUL MCLAUGHLIN P.30 BIG SUITS COMPILED BY ELIZABETH RAYMER CONTENTS Lexpert Special Edition CANADA'S LEADING LITIGATION LAWYERS Jean Cumming Editor-in-Chief ALTERNATIVE NO LONGER Several years ago, litigation lawyers and others started moving into forms of Alternative Dispute Resolution — abbreviated to ADR. As media- tion, arbitration, med-arb, circles, enquiries and negotiation rose up over time the "A" has gener- ally been dropped from the name. DR has gone mainstream. Arguably, courtroom litigation has become the alternative, especially in jurisdictions that have mandatory mediation. e Lexpert- ranked lawyers in this publication are trained and experienced in a wide range of DR contexts. Since many of these contexts are confidential, the law- yers in there with each other have exclusive seats from which to observe each other in action, and turn their observations into voting on the Lexpert peer-ranked Surveys. e results can provide you with valuable insight. Andrews, QC, Mark D. Fasken Martineau DuMoulin LLP (604) 631-3115 mandrews@fasken.com Chair of the firm's Commercial Litigation Group in Vancouver, Mr. Andrews is a leading general litigation counsel with a proven track record in commercial litigation, fraud, breach of trust and fiduciary duty cases; securities (civil and regulatory disputes); and property cases. He is experienced in applications for emergency relief, such as injunctions, freeze orders and Anton Piller orders. Aitken, David W. Aitken Klee LLP (613) 903-5099 daitken@aitkenklee.com Founding partner of Aitken Klee LLP. Practises exclusively IP litigation. Benchmark Canada 2016 IP Litigator of the Year; LMG Life Sciences Hall of Fame, 2013 Patent Litigator of the Year and "Life Sciences Star"; Best Lawyers Canada 2014 and 2017 Ottawa IP Lawyer of the Year; Managing Intellectual Property 2015 IP Star and 2013 Milestone Case; LLB 1982 McGill; BEng 1975 RMC; Reg Pat & TM Agent. Addy, George N. Davies Ward Phillips & Vineberg LLP (416) 863-5588 gaddy@dwpv.com Mr. Addy, former head of the Canadian Competition Bureau, practises regulatory and competition law, providing strategic advice on matters involving domestic and foreign regulators regarding cartels, M&A, trade practices and foreign investment law. He has represented clients in provincial and federal courts and the Supreme Court, as well as judicial inquiries and regulatory hearings. Adair, John Adair Barristers LLP (416) 941-5858 jadair@adairbarristers.com Mr. Adair's practice is focused on commercial litigation, partnership disputes, directors' and officers' liability claims, complex insurance coverage claims, and professional liability matters. He is Lexpert-ranked in Commercial Litigation and Professional Liability, ranked by Chambers & Partners as "Up and Coming," and selected by a panel of international in-house counsel as an Acritas Star. Adair, QC, Geoffrey D.E. Adair Barristers LLP (416) 941-5863 gadair@adairbarristers.com One of Canada's best-known trial and appellate counsel. Author of critically acclaimed text On Trial. Fellow, American College of Trial Lawyers. Mr. Adair specializes in commercial litigation, class actions, products liability, professional liability and complex insurance claims. Abitan, Sandra Osler, Hoskin & Harcourt LLP (514) 904-5648 sabitan@osler.com Ms. Abitan is the Managing Partner of the Montréal office and a partner in the Insolvency & Restructuring Group, specializing in complex consensual and court-supervised corporate recapitalizations, restructurings, reorganizations and strategic acquisitions. She has expertise in cross-border and international matters acting for a number of major private and public corporations. LEXPERT-RANKED LAWYERS WWW.LEXPERT.CA | 2017 | LEXPERT 3

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