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2016
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LEXPERT 29
Mark, Alan H. Goodmans LLP
(416) 597-4264 amark@goodmans.ca
Mr. Mark focuses on corporate/commercial litigation including governance,
securities, financial services and restructuring matters; class actions includ-
ing securities, product liability and environmental claims; and electricity law
and regulation. He has appeared before all levels of courts in Canada and
various administrative tribunals.
Mann, David W. Dentons Canada LLP
(403) 268-7097 david.mann@dentons.com
Mr. Mann has extensive experience in insolvency matters, having appeared
regularly before Alberta's Bankruptcy Court and Court of Appeal, as well as
having made submissions to the Ontario Court of Appeal and the SCC. He
acts for lenders, debtors, receivers/trustees, creditors/counterparties,
DIP financiers and acquisitors in a variety of insolvency proceedings.
Mallett, Tristram J. Osler, Hoskin & Harcourt LLP
(403) 260-7041 tmallett@osler.com
Mr. Mallett frequently advises clients in class action defence mandates;
contested merger transactions; takeover bid litigation; shareholder dissent
and appraisal litigation and shareholder derivative claims; securities
misrepresentation, fraud and insider trading matters; prosecutions
undertaken by regulatory authorities and industry organizations;
and related internal investigations.
Major, CC, QC, John C. (Jack) Bennett Jones LLP
(403) 298-3166 majorj@bennettjones.com
The Honourable Mr. Major, retired Supreme Court of Canada judge, rejoined
Bennett Jones LLP as a consultant in 2006. In that role, he provides strategic
and tactical reviews of significant matters for the firm's clients and is a senior
mentor to the lawyers and staff of the firm. His present areas of practice
includes mediation, arbitration, corporate governance and consultation.
Maidment, Scott McMillan LLP
(416) 865-7911 scott.maidment@mcmillan.ca
Mr. Maidment is recognized for his expertise in defending pharmaceutical
class actions. He has been described as a "quite brilliant strategist" who
"stands out for his class action work."
Madill, QC, Havelock (Hav) B. Brownlee LLP
(780) 497-4898 hmadill@brownleelaw.com
With 40 years of experience, Mr. Madill is Brownlee's most senior litigator.
He has been counsel in some of the larger, more complex litigation that has
come before the Courts and is well regarded for his thorough and effective
advocacy. His practice includes civil litigation, mediation & arbitration, com-
mercial & construction litigation, insurance, professional liability & disciplin-
ary matters.
LEXPERT-RANKED LAWYERS
an exit strategy? ese are oen tough decisions
— an efficiency decision is a risk-management
decision, too, he says.
ere are plenty of considerations that will re-
quire an individual's full attention. Do you need
that last report? at last expert witness? Is now
the time to think about arbitration or mediation,
asks Kenny, noting that there's no sense having
a mediation before it's time — it's like drinking
wine that hasn't been sitting on the shelf long
enough. "But both of you must have a little bit
of backbone to be able to make these decisions,
because you could be wrong."
Consider outside funding. Historically,
many small and medium-size companies have
found the cost of litigation to be out of the realm
of possibility. eir cash flow simply won't sup-
port the cost of litigation. Even larger enterprises,
for whom litigation may be familiar as part of
their ongoing business reality, may find them-
selves reluctant to divert funds needed to grow
the business. Hence, it may be a hard sell inter-
nally to fund litigation.
As an example, imagine a medium-size busi-
ness with a fraud claim, says Monique Jilesen,
a commercial litigator and partner at Toronto-
based Lenczner Slaght Royce Smith Griffin LLP.
"ere may be a huge upside in terms of recovery,
but there may be a lot of cost to get there — and
they don't want that in their budget; they are not
in the business of litigating."
So how can companies get someone else to
fund the litigation and yet reap some of the re-
wards should the litigation succeed? at's where
exploring the efficacy, and appropriateness, of
using a litigation funder might make business
sense, says Jilesen. She says the litigation funder
"reviews the case to consider if there is value in
proceeding, and if so, funds all or part of the
litigation. e company will not get all of the re-
covery, of course, but they are not taking all, or at
least some portion, of the risk."
Jilesen hasn't used a litigation funder yet, but
says it's a tool in her toolbox she is in the process
of offering to clients to consider. She says this type
of funding "is frequent in the US, very developed
in Australia, but relatively new to Canada, where
it's mostly been done in class actions, but has now
crossed over into commercial litigation."
Looking forward, as a mechanism for manag-
ing the cost of potentially onerous litigation, Jile-
sen feels it "presents a potential new opportunity
for all sorts of organizations."
