32 LEXPERT
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2018
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WWW.LEXPERT.CA
Major, CC, QC, John C. (Jack) Bennett Jones LLP
(403) 298-3166 majorj@bennettjones.com
The Honourable Mr. Major, retired Supreme Court of Canada judge, rejoined
Bennett Jones LLP as a consultant in 2006. In that role, he provides strategic
and tactical reviews of significant matters for the firm's clients and is a senior
mentor to the lawyers and staff of the firm. His present areas of practice
include mediation, arbitration, corporate governance and consultation.
Maidment, Scott McMillan LLP
(416) 865-7911 scott.maidment@mcmillan.ca
Mr. Maidment is recognized for his expertise in defending pharmaceutical
class actions. He has been described as a "quite brilliant strategist"
who "stands out for his class action work."
MacKewn, Melissa J. Crawley MacKewn Brush LLP
(416) 217-0840 mmackewn@cmblaw.ca
Ms. MacKewn, a former OSC prosecutor, advises on securities
regulatory proceedings and corporate and securities-related litigation,
including secondary-market class actions, corporate and shareholder
disputes, oppression remedy matters, proxy battles, corporate governance
matters, investment loss claims, breach of contract and professional
negligence matters.
MacKenzie, Gavin MacKenzie Barristers
(416) 304-9293 gavin@mackenziebarristers.com
Mr. MacKenzie's practice focuses on civil appeals and professional issues.
He has appeared as counsel in over 200 reported cases, including in the
Supreme Court of Canada. He has been honoured as a Fellow of the American
College of Trial Lawyers and is a former Treasurer (elected head) of the Law
Society of Ontario. He has been named Lawyer of the Year for both Appeals
and Lawyers' Liability.
Mack, QC, Perry R. Peacock Linder Halt & Mack LLP
(403) 296-2275 pmack@plhlaw.ca
Mr. Mack has a broad litigation, arbitration and mediation practice. He has
been recognized as Alberta Litigator of the Year, ADR Lawyer of the Year,
Personal Injury Lawyer of the Year and has leading rankings from Lexpert®,
Benchmark Canada, Chambers Canada, Best Lawyers and Martindale-
Hubbell. He is a Past President of the Law Society of Alberta.
MacFarlane, Robert H.C. Bereskin & Parr LLP
(416) 957-1616 rmacfarlane@bereskinparr.com
Mr. MacFarlane's practice focuses on litigation for patent, trademark,
copyright and confidential information cases. He has appeared in the Ontario
Superior Court, the Ontario Court of Appeal, the Federal Court of Canada,
the Federal Court of Appeal and the Supreme Court of Canada. He is one of
Canada's top patent litigators and became a Fellow of the American College
of Trial Lawyers in 2016.
LEXPERT-RANKED LAWYERS
mission governs a far larger population and is
considerably more aggressive than its Canadian
counterparts. "at's important because class coun-
sel can piggyback their cases on regulatory investiga-
tion and findings," says Wendy Berman in Cassels
Brock & Blackwell LLP's Toronto office. "In 2017,
for example, the Canadian Securities Administra-
tors took actions against only seven companies for
disclosure violations."
e upshot is that securities class actions now give
plaintiffs' lawyers much greater pause for thought
than they did in the past. "e SCC breathed life
"WHAT CANADA IS
EXPERIENCING SO FAR
IS A LITTLE BIT OF A SLOW-
DOWN. WE'LL HAVE TO WAIT
AND SEE, ESPECIALLY BE-
CAUSE IT TAKES FROM SIX
TO 18 MONTHS FOR US
ACTIONS TO SPUR COPYCAT
CASES IN CANADA."
ANDREA LAING; BLAKE, CASSELS & GRAYDON LLP
Distribution of Filings Across Provinces
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," Ber-
man says. "Plaintiffs' counsel now have to invest
significantly at the outset of the case in terms of
marshalling factual and expert evidence."
In other words, a fortified leave test has caused
plaintiffs' lawyers, working on contingency, to look
harder at their financial metrics. "We're seeing a
more conservative approach from plaintiffs who
have to invest resources up front in securities class
actions," Laing says. "ere are also other types of
capital markets cases, such as the ones relating to
the manipulation of financial benchmarks, that
don't require leave and will divert resources avail-
able for securities class actions."
