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
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2017
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