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.

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20 LEXPERT | 2018 | WWW.LEXPERT.CA Garland, Steven Smart & Biggar (613) 232-2486 sbgarland@smart-biggar.ca Mr. Garland is one of Canada's leading IP litigators and managing partner of Smart & Biggar. He has over 25 years of trial and appellate experience in intellectual property litigation of all types and is praised by peers and clients as being "among the best." His recent victory for the Dow Chemical Company netted one of the largest court cost awards in Canadian Federal Court history. Gardner, Alan P. Bennett Jones LLP (416) 777-6231 gardnera@bennettjones.com Mr. Gardner is the head of the firm's Securities Litigation Practice Group. With a focus on securities, and other regulatory and cross-border investigations, he most often represents financial institutions and public companies, as well as board members, senior management and Special Committees of public companies involved in securities regulatory investigations and shareholder litigation. Galway, Jeff W. Blake, Cassels & Graydon LLP (416) 863-3859 jeff.galway@blakes.com Mr. Galway is a senior partner well-known for handling complex commercial disputes and his formidable strength in securities, competition and class action defence. He advises on proceedings throughout Canada and manages cross-border disputes with international counsel. He has appeared as counsel in a number of provincial superior courts, as well as the Federal Court of Canada and the SCC. Gaikis, Gunars Smart & Biggar (416) 593-5514 ggaikis@smart-biggar.ca Mr. Gaikis is one of Canada's premier and most experienced life sciences intellectual property litigators with over 30 years of experience in the highly specialized field of pharmaceutical patent, trademark and litigation. His win on behalf of AstraZeneca represented a significant victory for innovators seeking protection in Canada, when the Supreme Court "wholly rejected the promise doctrine." Fuerst, Linda L. Norton Rose Fulbright Canada LLP (416) 216-2951 linda.fuerst@nortonrosefulbright.com Ms. Fuerst's litigation practice covers a range of commercial matters, focusing on securities litigation, class actions and regulatory issues. She has appeared before all levels of court in Ontario, provincial securities commissions and IIROC. Friend, QC, Anthony L. Bennett Jones LLP (403) 298-3182 frienda@bennettjones.com Mr. Friend is a senior partner in the litigation group, practising in the areas of commercial, securities and energy litigation. He focuses on the defence of medical malpractice claims, arbitration and corporate arrangements and restructurings. He appears as counsel before all court levels in Alberta and the Supreme Court of Canada. He also appears before numerous boards and tribunals. LEXPERT-RANKED LAWYERS ject to are insufficient for them to be considered a person at risk." Nathalie Goyette, a Partner at PwC Law LLP in Montréal, says overall the ruling is a "serious, solid analysis" but added that the decision on the so-called saving provision "is quite novel. e ques- tion it raises is: how much at risk do you need to be to be considered 'at risk'? "e judge said there is some risk here, but not enough to be 'at risk.' So I imagine, but I don't know, that part of the appeal will argue how much at risk you need to be at to be at risk, because the [bank] won on all other aspects. If you talk to other practitioners, they'll tell you that's the very novel, the very interesting aspect of this case." Innes of Rueters says, "if the decision has any Achilles heel, that's probably it. e judge basically said the risk is illusionary. I don't know what the evidence was but, if the Court of Appeal is going to attack anything, I think it would be that. When

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