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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www.lexpert.ca 73 Saint-Onge, Jean, AdE Borden Ladner Gervais LLP (BLG) > (514) 954-2551 jsaintonge@blg.com A highly accomplished class actions lawyer with extensive experience as defence counsel representing private and public sector clients, including multinational companies, particularly in multi-jurisdictional and cross-border class actions. Expertise extends across a number of fields of law, including competition, product liability and environmental law. Has acted and successfully argued several precedent-setting cases and is known for his ability to find practical and sustainable solutions in cases that are frequently complex involving multiple defendants. Quebec Bar (1981) Advocatus Emeritus (AdE); Prix de la justice du Québec Award (2007). Chair of the Barreau du Québec Group of experts on class actions (since 2006). Fellow, American College of Trial Lawyers (ACTL), Litigation Counsel of America (LCA) and of the International Academy of Trial Lawyers (IATL). Samworth, Philippa G. Dutton Brock LLP > (416) 593-4411 psamworth@duttonbrock.com Philippa G. Samworth is a partner at Dutton Brock and her area of practice is in insurance defence (Accident Benefits), as well as providing Mediation and Arbitration services. Miss Samworth has a number of achievements and was retained by the Ministry of Finance of Ontario as a consultant to provide analysis and technical advice to the Ministry on its preparation and draing of the new automobile insurance legislation, Bill 59, and its regulations. In May 1997, Philippa was appointed to the Minister's Committee for Designated Assessment Centres and chaired that Committee in 1998, 2000 and 2001–2004. In March 2004, Miss Samworth was again retained by the Minister of Finance to conduct stakeholder consultations and provide advice and recommendation on proposals to replace the DAC system. Philippa is the recipient of numerous awards, including first recipient of the Lee Samis Award for Excellence (Canadian Defence Lawyers), first recipient of the Ontario Bar Association Award for Excellence in Insurance Law, the Medical-Legal Society Award, and e Advocates' Society Medal. In October 2007, Philippa was inducted into the American College of Trial Lawyers and, in 2020, she was inducted into the Canadian Academy of Distinguished Neutrals (www.mediators.ca). Saunders, Chantal Borden Ladner Gervais LLP (BLG) > (613) 369-4783 csaunders@blg.com Chantal is a lawyer and Registered Patent Agent in BLG's Ottawa office. She specializes in intellectual property litigation, with an emphasis on complex patent litigation including pharmaceutical litigation under the Patented Medicines (Notice of Compliance) Regulations. Her practice also involves copyright and trademark litigation. She has appeared before the Federal Courts on patent, trademark, and copyright matters. Chantal also advises clients with respect to data protection, Certificates of Supplementary Protection, and issues arising in respect of the Patent Register and the Patented Medicine Prices Review Board. In addition, Chantal advises on patentability, validity and freedom-to-operate issues. Sayao, Carlos Tyr LLP > (416) 294-7800 csayao@tyrllp.com Carlos Sayao is a partner at Tyr LLP, where he practises civil and commercial litigation, with a focus on class actions and sports-related disputes. Carlos has significant experience litigating in all levels of court in Ontario and is regularly involved in arbitrations and administrative proceedings. He is counsel on a number of complex class actions representing both plaintiffs and defendants. In addition to his complex commercial litigation practice, Carlos has significant experience with sports- related disputes. He has appeared before the Court of Arbitration for Sport on multiple occasions, including representing South African Olympic champion Caster Semenya in a landmark case challenging discriminatory sport regulations. Other Olympic athletes Carlos has represented include Indian sprinter Dutee Chand, American fencer Aleksandra Shelton, and Jamaican bobsledder Jazmine Fenlator-Victorian. Carlos has also acted for many sport-governing bodies, including the World Anti-Doping Agency and the International Paralympic Committee. He is frequently invited to speak publicly on sports law issues and has been a lecturer at ISDE Law and Business School in Madrid and at the University of Victoria Faculty of Law. LAWYER TO WATCH Sayce, James Koskie Minsky LLP > (416) 542-6298 jsayce@kmlaw.ca Partner. James's practice focuses on Plaintiffs' class proceedings. James focuses on matters against government defendants under section 24(1) of the Canadian Charter of Rights and Freedoms. James is lead counsel in Brazeau v. Canada, where he obtained a $20,000,000 aggregate damages award for a class of mentally ill prisoners pursuant to section 24(1) of the Charter of Rights and Freedoms. James is also lead counsel in the Francis v. Ontario matter where the Court of Appeal for Ontario read down provincial immunity legislation in awarding the class $30,000,000 in aggregate damages for systemic negligence. He is lead counsel in Nasogaluak v. Canada, the first police racism class action to be certified in Canada. He is lead counsel in Carcillo v. CHL et al, which concerns allegations of systemic abuse and toxic culture in Canadian major junior hockey. James also litigates products liability claims such as Quenneville v. Volkswagen, in which a multibillion-dollar settlement was reached and Kalra v. Mercedes, which was settled for well over $250 million. He practised class action litigation for Defendants at an international law firm before joining Koskie Minsky in 2014. 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