22 LEXPERT
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2016
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WWW.LEXPERT.CA
Hughes, Randal T. Bennett Jones LLP
(416) 777-7471 hughesr@bennettjones.com
Mr. Hughes is co-chair of the Competition/Antitrust group. He represents
clients in domestic and international conspiracy investigations and pros-
ecutions involving Canada's Competition Bureau and other competition
authorities around the world. He has litigated leading merger and abuse of
dominance cases, and represents clients in substantial civil/class actions
in competition matters.
Howard, Peter F.C. Stikeman Elliott LLP
(416) 869-5613 phoward@stikeman.com
Mr. Howard's practice focuses on commercial litigation including securities
law, class actions, commercial contracts, and other types of shareholder
and joint venture litigation and insolvency matters. He also has extensive
experience in arbitrations, mediation and alternate dispute resolution.
Mr. Howard has appeared before the Supreme Court of Canada and
the Ontario Securities Commission.
Hoaken, Eric R. Lax O'Sullivan Lisus Gottlieb LLP
(416) 645-5075 ehoaken@counsel-toronto.com
Mr. Hoaken's litigation practice is primarily focused on class proceedings, but
also includes health law matters and complex commercial litigation such as
shareholders' disputes, directors' and officers' liability issues and contrac-
tual disputes. He is a fellow of the IATL.
Hausman, David A. Fasken Martineau DuMoulin LLP
(416) 868-3486 dhausman@fasken.com
Mr. Hausman practises exclusively in the field of securities litigation. He
represents investment dealers, public companies, mutual funds and direc-
tors & officers in regulatory and civil proceedings and internal investigations
across Canada.
Harrison, Robert S. Fasken Martineau DuMoulin LLP
(416) 865-4384 rharrison@fasken.com
Mr. Harrison's trial and appeal practice includes securities and environmental
law, financial institutions, shareholders' remedies, insurance, directors' and
officers' liability, IP, professional negligence, class actions and insolvencies.
Hansell, Carol Hansell LLP
(416) 649-8486 chansell@hanselladvisory.com
Ms. Hansell advises on a wide range of corporate, securities and governance
matters. She regularly provides expert reports and testimony and advises
on investigations, special committee mandates, conflict of interest matters
and governance effectiveness.
LEXPERT-RANKED LAWYERS
of a panel, a more attractive option," says Fabello.
"en the question becomes, how does a third-
party complainant get that issue before a panel of
Commissioners?"
Despite the OSC's guidance in the Catalyst
ruling, he says, "it's still uncertain as to when a
third party can go directly to a tribunal and when
it is beholden to staff for that. When you're be-
holden to staff, you can't force staff to do it. Staff
in the OSC's mergers and acquisitions office don't
always see these issues in the same way that a
third-party bidder will."
e Alberta Securities Commission (ASC) is
also trying to deal with procedural complexity in
its enforcement hearings. "In insider-trading cases
and financial disclosure cases, there can be a mas-
sive number of electronic and paper records that
ASC staff collects as well as transcripts of inter-
views they've done in the course of their investiga-
tion," said Dan McDonald, a partner at Burnet,
Duckworth & Palmer LLP, in Calgary.
Commission staff are currently obligated to
meet the disclosure standard of turning over
"all relevant information." In a recent attempt
to lessen the volume of documents having to be
disclosed by staff and reviewed by respondents'
counsel, the ASC developed a proposal whereby
the onus would fall on defence counsel to identify
the documents they wanted produced. Consulta-
tions held with the defence Bar, however, did not
gain support for the proposal.
"We were of the view that the desire to stream-
line the process can't trump the right to full dis-
closure and the ability of the respondents to prop-
erly defend a case," says McDonald.
"We don't know what's in staff 's possession,
and they do, so it would be hard for us to identify
specific documents. It wouldn't be fair to impose
on us an obligation to take the initiative and iden-
tify what our defence is and request documents
relevant to that."
McDonald praised the ASC for consulting
fully with the defence Bar on its streamlining pro-
posal, but said it's unclear whether the proposal
has been shelved.
Trademarks Opposition Board
e federal Trademarks Opposition Board
(TMOB) rules on third-party oppositions to ap-
"When you know you are
on the record, and there is
a room full of staff taking
notes, everyone on the issuer
or respondent side of the
meeting watches their words
very carefully. This can inhibit
a free exchange of ideas."
- John Fabello, Torys LLP
