Lexpert Magazine

November 2023 Litigation

Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.

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58 www.lexpert.ca Faith, Andrew Polley Faith LLP > (416) 365-1600 afaith@polleyfaith.com Andrew is regarded and ranked as one of Canada's top litigation counsel. He is regularly chosen by nationally recognized corporations, institutions and individuals to assist in complex commercial, regulatory, insolvency and white-collar criminal litigation and appeals. Andrew has particular experience both prosecuting and defending allegations of commercial, regulatory and criminal wrongdoing. Andrew has been tapped to lead prosecutions for the OSC, FSRA, Law Society of Ontario, Chartered Professional Accountants, and Professional Engineers of Ontario. He has defended corporations and individuals in Foreign Corrupt Practices Act investigations, federal regulatory investigations, Securities Act prosecutions, white- collar civil and criminal litigation, and internal investigations. Andrew began his career in the International Arbitration and Litigation Group of Shearman & Sterling in London, and later joined McCarthy Tétrault in Toronto. In 2006 he became an Assistant Crown Attorney, conducting hundreds of jury and non-jury trials and hearings, including white-collar, cyber- crime, firearms, and murder cases. Andrew is a former Director of the Advocates' Society, a Fellow of the International Academy of Trial Lawyers, and the Litigation Counsel of America. Fan, Emily Y. Lerners LLP > (416) 601-2390 efan@lerners.ca Emily Fan is the Deputy Head of the Dispute Resolution & Advocacy Group. She maintains a diverse litigation practice, focused on complex business and shareholders disputes, creditors' remedies, and pre-litigation advisory work. She represents clients in a broad array of industries including emerging technologies, telecommunications, professional services, banking, and SaaS companies. She has appeared before all levels of court in Ontario, Federal Court, and regulatory bodies. Her select experience includes defending one of North America's largest vehicle transshipment and processing facilities against a $175M contractual and tort claim; acting for the receiver of various real estate holding companies related to the owners of Bondfield Construction Company Limited; defending a class action for over $500M brought against various defendants, in connection with a charity program tax structure; defending high-stakes fraud claims; and risk advisory work, including for an e-commerce platform and consumer product manufacturer. Emily serves on the Commercial List Users' Committee, and is on the board of the Making Way Project. She previously served on the board of the Heart and Stroke Foundation of Ontario. Finnigan, John L. Thornton Grout Finnigan LLP > (416) 304-0558 jfinnigan@tgf.ca John has a broad practice in complex commercial litigation which includes significant experience in insolvency and restructuring litigation. As one of the founders of ornton Grout Finnigan (TGF), John is called upon for the firm's most pressing litigation matters, leveraging his depth of knowledge with clients throughout Canada's diverse corporate marketplace. John has been lauded as "a spectacular lawyer in huge insolvency proceedings" and "a very credible, no-nonsense litigator who is extremely effective in court" in Chambers Global. In addition to being a skilled litigator, John is known for his strong rapport with clients, and being attentive and good-natured in a range of challenging legal and business situations. Outside of his legal practice, John was a founder of the Canadian chapter of Worldwide Orphans Foundation of Canada, a charity dedicated to improving the lives of orphans throughout the world. Flaherty, Patrick Chernos Flaherty Svonkin LLP > (416) 855-0403 pflaherty@cfscounsel.com Pat Flaherty is a partner of Chernos Flaherty Svonkin LLP with a practice devoted to complex commercial litigation. He has tried matters in court and in private arbitrations in a wide variety of significant disputes involving securities law, oppression, class actions, directors' and officers' liability, civil fraud, public authority liability, intellectual property, information technology, defamation and privacy. Pat represents many clients in the financial services, manufacturing, consumer products, real estate, and mining industries. He has been repeatedly recognized as a leading litigator in Lexpert, Chambers, e Best Lawyers in Canada, and Benchmark Canada. Pat taught for over twodecades in Osgoode Hall's graduate LLM Program and is a frequent speaker and teacher on advocacy. In addition, he has acted as an arbitrator in commercial and other disputes. Ontario Bar, 1993; JD, 1991, Queen's University; BA, 1988, University of Toronto. Fournier, Olivier Deloitte Legal Canada LLP > (514) 393-8362 olfournier@deloittelegal.ca Olivier Fournier is Deloitte Legal Canada LLP's National Leader and is based in Montreal and Toronto. He practises tax law with a focus on tax litigation and tax controversy, from the audit and objection stages to tax appeals before the courts. He regularly assists clients in resolving tax disputes, both in and out of Court, and engages in managing complex tax audits, rectifying non-compliance issues and ensuring that the tax authorities operate within lawful parameters regarding requests for information and documents. He also has had significant exposure to various tax issues arising in domestic and international mergers & acquisitions. He has acted in matters before the Tax Court of Canada, the Court of Quebec, the Superior Court of Quebec, the Court of Appeal of Quebec, the Federal Court and the Federal Court of Appeal. He is a Lexpert-ranked lawyer in Litigation – Corporate Tax. He is an active speaker, writer and presenter at various conferences and seminars and is a governor of the Canadian Tax Foundation (CTF). Olivier was called to the Bar of Quebec in 2006, aer receiving an MBA from the University of Ottawa (2005), an LLL (2005) magna cum laude and a BSc (Biology; 2002) from the University of Ottawa. He was also admitted to the Law Society of Ontario in 2021. Lexpert-ranked leading litigation lawyers

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