Lexpert Special Editions

Special Edition on Litigation -December 2015

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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8 | Alternative Dispute Resolution Brock, QC, Brian J.E. Dutton Brock LLP (416) 593-4411 bbrock@duttonbrock.com Mr. Brock has been a prominent civil litigation trial lawyer in Ontario for more than 30 years. He has been the lead counsel on major cases from coast to coast. He appears at all levels of court, including the Supreme Court of Canada. Brodkin, Andrew Goodmans LLP (416) 597-4278 abrodkin@goodmans.ca Mr. Brodkin focuses on IP litigation, primar- ily in pharmaceutical patent disputes. He is particularly active in proceedings prosecuted pursuant to the Pat- ented Medicines (Notice of Compliance) Regulations. Brush, Robert J. Crawley MacKewn Brush LLP (416) 217-0822 rbrush@cmblaw.ca Mr. Brush's practice focuses on commercial and securities litigation matters. Due to his specialized expertise, he has been counsel on a wide range of civil cases, class actions and regulatory proceedings across the country. Brock, AdE, William Davies Ward Phillips & Vineberg LLP (514) 841-6438 wbrock@dwpv.com Mr. Brock's trial and ap- pellate practice focuses on complex commercial, corporate, M&A and se- curities matters, fraud and misappropriation claims, shareholders rights litigation and domestic and inter- national arbitration. Brown, Alexandra K. Blake, Cassels & Graydon LLP (416) 863-2367 alexandra.brown@blakes.com Ms. Brown practises tax litigation and dis- pute resolution repre- senting domestic and international clients in disputes with Canadian tax authorities. She has appeared at all levels of court in Canada and has argued a number of significant tax cases. Buckley, Timothy O. Borden Ladner Gervais LLP (416) 367-6169 tbuckley@blg.com Mr. Buckley defends companies, municipal- ities, utilities, hospitals, manufacturers and software users in his commercial litigation practice, including cases involving class actions, product liability, and scientific or technol- ogy elements. tration Group, "this is crystal ball gazing, where you have to pick the right tool for the job, amid the hope you'll never have a dispute." Still, a number of recent developments in commercial ar- bitration are having an impact on these conversations. One trend Deane has seen, increasingly so in Canada, is the advent of third-party funders becoming involved in ar- bitration claims. While currently more common in interna- tional arbitration, where the parties are located in different jurisdictions, Deane says funders have also shown an inter- est in financing domestic arbitration claims. "ird-party funders are extremely sophisticated; they invest in arbitra- tion claims as a business and receive a portion of the return if the claim is successful," he says. "For companies contemplat- ing bringing an international arbitration claim, the possibil- ity of having a third-party funder onboard is not only attrac- tive, it may be the only, or the most efficient way, to bring a meritorious claim." e use of third-party funding in commercial arbitration, says Deane, is particularly prevalent in Europe and the Unit- ed States, where most of the largest third-party funders are based. Yet, "it's becoming less unusual in Canada and is an area to watch. ird-party funders we've spoken to, and have relationships with, are very interested in the Canadian mar- ket because it's not been saturated in the arbitration space, so Canadian clients are a very attractive prospect." In return, "Canadian clients have more options to seek funding for ar- bitration. Funders have indicated they are very interested in Photo: Shutterstock LEXPERT®Ranked Lawyers

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