44 LEXPERT
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2018
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WWW.LEXPERT.CA
Thomson, Mary M. Gowling WLG
(416) 862-4644 mary.thomson@gowlingwlg.com
Ms. Thomson serves as head of Gowling WLG's National Litigation & Dispute
Resolution Group in Canada. She represents clients in high-profile product
liability class actions and mass tort litigation (pharma and medical devices)
as well as in health law, consent law, and privacy law.
Taylor, Ashley John Stikeman Elliott LLP
(416) 869-5236 ataylor@stikeman.com
Mr. Taylor is a partner in the Litigation & Dispute Resolution Group. His
practice focuses on insolvency law and he represents debtors, Court-
appointed officers, secured lenders and purchasers. He has frequently
appeared before the Ontario Superior Court of Justice and the Court of
Appeal, focusing on Companies' Creditors Arrangement Act proceedings,
Court-appointed receiverships and bankruptcies.
Swan, Richard B. Bennett Jones LLP
(416) 777-7479 swanr@bennettjones.com
Mr. Swan is co-Chair of Bennett Jones's Commercial Litigation practice
group. He focuses on corporate, commercial and insolvency litigation,
including shareholder, oppression, contract, injunction, arbitration and
estate disputes. He has comprehensive and extensive trial and appellate
experience, regularly appearing before a range of tribunals, arbitral bodies
and courts.
Stratton, Barbara J. Bennett Jones LLP
(780) 917-4255 strattonb@bennettjones.com
Ms. Stratton is co-head of the firm's health law group. She represents
physicians in medical legal issues including civil litigation, college and
hospital complaints and general advice. She also assists in disputes over
wills and issues relating to personal directives, EPAs and support claims.
In her employment practice, she provides advice on terminations, privacy
and human rights.
Staley, Robert W. Bennett Jones LLP
(416) 777-4857 staleyr@bennettjones.com
Mr. Staley's practice focuses on complex securities litigation, securities
regulation and enforcement, shareholder activism and securities class
actions. He is Chair of his firm's Shareholder Activism and Critical Situations
Practice Group. Peer reviews recognize him for his "skilled handling of
complex cases," his "excellent courtroom presence" and as a "masterful
strategic thinker."
Snowden, Marcus B. Snowden Law Professional Corporation
(416) 363-3343 marcus@snowdenlaw.ca
Mr. Snowden focuses on commercial insurance and related risk management
advice, policy drafting and advocacy. Services include coverage opinions,
national & cross-border monitoring counsel and litigation counsel in coverage
proceedings on CGL, E&O, D&O, Excess, Specialty and Property policies.
He co-authors a leading insurance law text/looseleaf service, Annotated
Commercial General Liability Policy.
LEXPERT-RANKED LAWYERS
ing pension plans, which could lead to unionized
workers leaving to join non-union employers.
On April 10, 2017, the OIPC released a decision
requiring FICOM to disclose the information re-
quested by the ICBA. e adjudicator concluded
there was not enough evidence to prove there was
reasonable expectation of harm to the unions with
the disclosure of this information. e union pen-
sion plans petitioned the courts to accept that am-
ple evidence had been presented and that the plans
were being held to too high a standard regarding
required evidence.
DECISION
Under judicial review, the Court held that the
OIPC's findings were unreasonable and that the
petitioners had provided sufficient evidence to sat-
isfy the "reasonable expectation of probable harm"
standard that was provided by the Supreme Court
of Canada.
Counsel for the petitioning unions and pen-
sion plans were Lawson Lundell LLP, with a
team including Marko Vesely and Michelle S.
Jones; Arsenault Aaron Lawyers, with a team
including David Marc Aaron and Bennett M.
Arsenault; and Derrill ompson of Main Street
Law Group.
Counsel for the Independent Contractors and
Businesses Association was Robert W. Grant,
QC, and Joana ackeray of Gall Legge Grant
Zwack LLP.
Counsel for the Office of the Information and
Privacy Commissioner for British Columbia was
Catherine J. Boies Parker, QC, and Kate Phipps
of Arvay Finlay LLP.
Counsel for the Superintendent of Pensions
was Sandra Wilkinson of the Ministry of Attor-
ney General, Legal Services Branch.
DOW CHEMICAL CANADA ULC V.
NOVA CHEMICALS CORPORATION
DECISION DATE: JUNE 20, 2018
On June 20, 2018, Justice Barbara Romaine of
the Court of Queen's Bench of Alberta awarded
US$1.06 billion to Dow Chemical Canada ULC
and an affiliate ("Dow") in an action for breach of
contract against NOVA Chemicals Corporation
("NOVA"). e dispute arose from the opera-
tion of an ethylene plant at Joffre, Alberta, jointly
owned by Dow and NOVA.
BACKGROUND
e Alberta ethane-based petrochemical industry
began in the 1970s. Dow and Dome Petroleum
Limited proposed to construct and operate an
ethylene plant, but the Alberta government de-
cided instead to have a Crown corporation (now
NOVA) construct the plant. at ethylene plant,
known as E1, commenced operations at Joffre in
