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Zarnett, Benjamin Goodmans LLP
(416) 597-4204 bzarnett@goodmans.ca
Mr. Zarnett's litigation practice has included high-profile business cases
including the litigation over the proposed privatization of BCE, the Asset-
Backed Commercial Paper litigation, Indalex priority dispute and Nortel
asset allocation dispute. Appears before the SCC, FCC, all levels of courts
in Ontario and many administrative tribunals.
Zalmanowitz, QC, Barry Dentons Canada LLP
(780) 423-7344 barry.zalmanowitz@dentons.com
Mr. Zalmanowitz's competition and antitrust practice includes representing
clients in criminal and non-criminal investigations and cases under the Com-
petition Act, and advocacy in appellate courts. He also represents clients
in compliance with the Investment Canada Act and establishes competition
and antitrust compliance programs and policies.
Yorke-Slader, QC, Blair C. Bennett Jones LLP
(403) 298-3291 yorkesladerb@bennettjones.com
Mr. Yorke-Slader is a partner in Bennett Jones's litigation department and
Vice-Chairman of the firm. A leading practitioner in high stakes corporate and
commercial litigation with an active trial and appellate business and energy
litigation practice, he is the only Alberta fellow of the International Academy
of Trial Lawyers. He also has broad arbitration experience as counsel
and as an arbitrator.
Woods, AdE, James A. Woods LLP
(514) 982-4503 jwoods@woods.qc.ca
Senior partner with 39 years of experience in the fields of litigation and
arbitration. Is considered one of the best lawyers in Québec and Canada and
is recognized as a pillar before all federal, Québec and Ontario provincial
tribunals, and the SCC.
Wisner, Robert McMillan LLP
(416) 865-7127 robert.wisner@mcmillan.ca
Mr. Wisner's practice focuses on international arbitration and cross-border
business litigation. Many of his clients are involved in the mining and energy
sectors and carry on business in emerging markets. He has frequently
lectured on Mining Law and ADR.
Williams, Matthew G. Thorsteinssons LLP
(416) 864-0829 mgwilliams@thor.ca
Mr. Williams's practice focuses on taxpayer representation including civil and
criminal tax litigation. He has appeared before the Tax Court of Canada, the
Federal Court of Canada, the Federal Court of Appeal, the Ontario Superior
Court and the Supreme Court of Canada on a wide range of issues including
tax appeals, tax evasion matters, CPP/EI appeals, Charter applications
and rectification orders.
LEXPERT-RANKED LAWYERS
not renew or replenish the Outstanding Security
for Costs by June 3, 2016.
AD again failed to renew or replenish the Out-
standing Security for Costs, and again complained
of its financial and logistical challenges. On June
22, 2016, Justice Wittmann struck AD's amended
statement of claim, ending the litigation.
It is rare to receive a declaration of contempt,
and rarer still for pleadings to be struck as a result.
AD's pattern of delaying the proceedings and fail-
ing to comply with court orders played a signifi-
cant role in Justice Wittmann's decision.
However, Justice Wittmann also considered
that the security for costs posted by AD was in-
sufficient to cover AMEC's costs incurred up to
the date of the application.
is litigation's outcome reflects how effective a
series of well-timed interlocutory applications can
be. AMEC was successful in the dispute, including
in 15 of the 17 reported decisions.
e matter was long-lived and large in scope.
Approximately 90 days of discovery were complet-
ed. Well over 500,000 documents were produced.
Discoveries were held around the world including
in Dubai, Turkey, London, Toronto and Calgary.
e outcome also reminds litigants of the im-
portance of complying with court orders, no mat-
ter how seemingly insignificant.
Blake, Cassels & Graydon LLP has acted for
AMEC in this litigation since 2010. e Blakes
team was led by David Tupper and included Geoff
Blackie, Arlene Fernandes, Andrew Grant, Jackie
Harper, Jamie Harper, Matt Huys, Web MacDon-
ald, Claudia McKinnon, Garett Morin, Chris
Petrucci, Caroline Smith, JP Smith, Tom Wagner,
Marion Young and Ryan Zahara.
Attila Dougan's counsel included Matthew Dis-
kin of Gilbert's LLP; and Alex Kotkas and Karen
Wyke of Fasken Martineau DuMoulin LLP.
HUSKY V. ATHENA
AUTOMATION ET AL.
DECISION DATE: APRIL 22, 2016
On April 22, 2016, aer a 22-day hearing that in-
cluded testimony from 15 fact witnesses and five
experts, Justice Frank Newbould of the Ontario
Superior Court of Justice (Commercial List) ren-
dered his decision in the misuse of confidential in-
formation case brought by Husky Injection Mold-
ing Inc. against Husky's founder, Robert Schad; his
new company, Athena Automation Ltd.; Athena's
business partner, SIPA S.p.A; and Steve Mason, a
past employee of Husky and Athena.
Husky alleged that Schad and Athena had mis-
used Husky's confidential information and that
Schad had breached non-competition and non-
solicitation provisions in his employment contract
with Husky, as well as having breached fiduciary
duties that he owed to his former company.
