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2018
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LEXPERT 47
Woods, AdE, James A. Woods LLP
(514) 982-4503 jwoods@woods.qc.ca
Mr. Woods is senior partner with 40+ years of experience in the fields
of litigation and arbitration. Considered to be one of the best lawyers in
Québec and Canada, he has pleaded before all federal, Québec and Ontario
provincial tribunals, and the SCC. During his career, he has also acted as an
arbitrator, either as president or as a member of a panel, both ad hoc and
under the rules of the ICC.
Woodin, Cheryl M. Bennett Jones LLP
(416) 777-6550 woodinc@bennettjones.com
Ms. Woodin, co-head of the Class Actions practice, is a skilled litigator
who specializes in the defence of class actions and complex multi-party
litigation. She works with clients to manage cross-border litigation and
litigation occurring in regulated areas. She defends clients in cases involving
consumer products, automotive parts, medical devices, and environmental
contamination, among other areas.
Wisner, Robert McMillan LLP
(416) 865-7127 robert.wisner@mcmillan.ca
Mr. Wisner's practice focuses on international arbitration and cross-border
business litigation. Many of his clients are involved in the mining and energy
sectors and carry on business in emerging markets. He has frequently
lectured on Mining Law and ADR.
Wilson, Christopher S. Norton Rose Fulbright Canada LLP
(604) 641-4841 chris.wilson@nortonrosefulbright.com
Mr. Wilson is a prominent Canadian IP litigator. He has led several precedent-
setting trademark and trade secrets (breach of confidence) actions, and
regularly acts in copyright, patent, design and other IP matters at trial
and on appeal. His practice encompasses a wide range of industries, from
retail and consumer products to electronics, IT, wine, beer and spirits,
and manufacturing.
Williams, Matthew G. Thorsteinssons LLP
(416) 864-9104 mgwilliams@thor.ca
Mr. Williams' practice focuses on all aspects of taxpayer representation.
He has appeared before the Tax Court of Canada, the Federal Court
of Canada, the Federal Court of Appeal, the Ontario Superior Court
and the Supreme Court of Canada on a wide range of issues.
Williams, David B. Harrison Pensa LLP
(519) 661-6782 dwilliams@harrisonpensa.com
Mr. Williams is considered to be one of Ontario's most respected civil
litigators. A specialist in civil litigation, his practice is focused on personal
injury, medical malpractice, class action and complex commercial litigation
matters. Inducted into the American College of Trial Lawyers, his career has
brought him before the Trial Division, the Court of Appeal and the Supreme
Court of Canada.
LEXPERT-RANKED LAWYERS
e class plaintiff was represented by Joey
Zukran of LPC Avocat Inc.
Vidéotron LLP was represented by Pat-
rick Ouellet and Érika Normand-Couture of
Woods LLP.
Bell Canada was represented by Vincent de
l'Étoile of Langlois Lawyers LLP.
Apple Inc. was represented by Kristian Bra-
bander and Amanda Gravel of McCarthy Té-
trault LLP.
Rogers Communications Inc., Rogers Media
Inc. and Shomi Partnership were represented by
Pierre Y. Lefebvre and Annie Gallant of Langlois
Lawyers LLP.
LinkedIn Ireland was represented by Nick Ro-
drigo of Davies Ward Phillips & Vineberg LLP.
Google Inc. was represented by Borden Ladner
Gervais LLP, with a team composed of François
Grondin, Éloïse Gratton and Patrick Plante.
Sirius XM Canada Inc. was represented by Fré-
déric Paré and Patrick Desalliers of Stikeman El-
liott LLP.
SFC LITIGATION TRUST
(TRUSTEE OF) V. CHAN
DECISION DATE: MARCH 14, 2018
On March 14, 2018, the Honourable Justice Mi-
chael Penny of the Ontario Superior Court of Jus-
tice released a decision granting a US$2.6 billion
judgment to the SFC Litigation Trust for fraud and
breach of fiduciary duty in its action against Allen
Chan, former CEO of Sino-Forest Corporation.
BACKGROUND
Sino-Forest was a publicly traded company listed
on the Toronto Stock Exchange with a market cap-
italization of approximately $6 billion at its peak.
Its principal businesses included the ownership
and management of forest plantations, the buy-
ing and selling of standing timber, wood logs and
wood products, and the complementary manufac-
turing of downstream wood products.
Between the 2003 and 2010 financial year ends,
Sino-Forest's revenue grew from $265.7 million to
$1.9 billion, and its assets grew from $418 million
to $5.7 billion. Between August 2004 and Octo-
ber 2010, Sino-Forest used its apparent success to
raise approximately $3 billion through debt and
equity financing.
On June 2, 2011, a short seller, Muddy Waters
Research, published a report describing Sino-For-
est as a "multibillion dollar Ponzi scheme ... accom-
panied by substantial the." Among other things,
the report alleged that Sino-Forest did not hold the
full amount of timber assets that it reported, that
it overstated its revenue, and that it had engaged in
undisclosed related-party transactions.
e same day that the Muddy Waters report
was released, Sino-Forest's Board appointed an In-
