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.

Issue link: https://digital.carswellmedia.com/i/1055648

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Page 29 of 51

30 LEXPERT | 2018 | WWW.LEXPERT.CA Leitl, Steven H. Norton Rose Fulbright Canada LLP (403) 267-8140 steven.leitl@nortonrosefulbright.com Mr. Leitl's practice covers a broad range of commercial litigation matters, with emphasis on the areas of securities, M&A, directors' & officers' liability, class actions, regulatory proceedings and internal investigations. He has conducted proceedings in the courts of Alberta, Ontario, Manitoba and Canada (Federal Court), appeals in the Ontario Court of Appeal and Alberta Court of Appeal. Legrand, André Norton Rose Fulbright Canada LLP (514) 847-4412 andre.legrand@nortonrosefulbright.com Mr. Legrand's practice focuses on insurance law and professional liability. His insurance law practice focuses on general liability insurance, directors' and officers' liability insurance, professional liability insurance, property insurance, cyber insurance, and representations and warranties insurance. Lederman, Eli S. Lenczner Slaght Royce Smith Griffin LLP (416) 865-3555 elederman@litigate.com Mr. Lederman's practice covers a broad range of complex commercial litigation matters, including securities, class actions, commercial contracts, oppression and other shareholder litigation. He has appeared as lead counsel at all levels of court, including the Supreme Court of Canada, the Court of Appeal for Ontario and the Ontario Superior Court of Justice. Le Vay, Paul H. Stockwoods LLP (416) 593-2493 paullv@stockwoods.ca Mr. Le Vay's bilingual practice focuses on commercial litigation and arbitration, civil and regulatory securities litigation, disciplinary proceedings and civil claims involving professionals, internal investigations and class actions. He is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers, as well as a Trustee of the Law Foundation of Ontario. Lax, QC, LSM, C. Clifford Lax O'Sullivan Lisus Gottlieb LLP (416) 598-0988 clax@counsel-toronto.com Mr. Lax's litigation and arbitration practice emphasizes corporate, securities, real estate, environmental and defamation matters. He is a fellow of the ACTL and IATL, and sits on the Commercial Panel of the International Centre for Dispute Resolution. Lawrie, Jill Blake, Cassels & Graydon LLP (416) 863-3082 jill.lawrie@blakes.com Ms. Lawrie's practice focuses on product liability matters and the defence of class actions. She has led some of the most complex product liability cases in Canada, and has acted for clients across industries including medical devices, pharmaceuticals, automobiles and all manner of food and consumer products, as well as for professional service organizations, financial institutions and insurers. LEXPERT-RANKED LAWYERS Regional Council of Ontario Pension Trust Fund v. Celestica Inc. (reported as CIBC v. Green, 2015 SCC 60) — did more than that. By enunciat- ing a robust interpretation of the leave standard throughout Canada and mandating a realistic re- view of the evidence and meaningful legal analysis that substantiated a reasonable chance of success for a plaintiff, the SCC put an end to many courts' tendency to rubber-stamp leave applications. "is meant that there was suddenly much more upside for defendants to fight leave vigorously," says An- drea Laing in Blake, Cassels & Graydon LLP's To- ronto office. Plaintiffs' lawyers took note. "It has become clear that leave is a real barrier, not a walk," says Michael Robb in Siskinds LLP's London, Ontario office. "So people became rightfully cautious and careful to build cases up properly, something which is an impediment to taking on smaller matters." Indeed, according to NERA Economic Con- sulting's report, "Trends in Canadian Securities Class Actions: 2017 Update," the year saw only six new securities class actions filed, of which four related to the secondary market, bringing the aver- age rate of filings from 2015 to 2017 "to about half that of the preceding seven years." is led NERA to conclude that the slower rate of filings was more than a "temporary lull," but rather the "new norm." Still, the extent to which NERA got that right is not clear. While Canadian lawyers on both sides of the Bar generally acknowledge the recent slowdown and the impact of the trilogy, many cite other factors that could spark rejuvenation in the number of filings. ey include a turnaround from the current bull markets to a bear scenario. "When markets are going up, even bad news has less of an impact on a company's stock price," Robb says. "So in a rising market, there tend to be fewer securities class actions." Contrarily, however, there's been a revitaliza- tion of the genre in the US, where NER A reports that securities class actions saw record growth for the third year in a row. Indeed, the 432 class actions filed in 2017 represented an 89 per cent increase over the last two years, a growth rate not seen since the late 1990s. NER A's statistics indi- "THE SCC BREATHED LIFE 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." WENDY BERMAN; CASSELS BROCK & BLACKWELL LLP

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