WWW.LEXPERT.CA
|
2016
|
LEXPERT 41
Zych, Kevin J. Bennett Jones LLP
(416) 777-5738 zychk@bennettjones.com
Mr. Zych, a partner in the Restructuring and Insolvency group, focuses on
private and judicially supervised restructurings under the CCAA and the CBCA,
including most recently Connacher Oil, Lightstream Resources, Quicksilver
Resources Canada, Nelson Education, U. S. Steel Canada and Nortel.
LEXPERT-RANKED LAWYERS
Husky also alleged that SIPA had misused con-
fidential information that it had acquired through
its business relationship with Athena. Husky fur-
ther alleged that Mason had misused confidential
information acquired through his employment at
Husky, as well as through his work at Niigon, a
charitable injection-molding plant on the Moose
Deer Point First Nation reserve that has been
supported for years by Schad, Husky and by the
federal and provincial governments.
Schad and Athena brought a counterclaim
against Husky for abuse of process, unjust enrich-
ment and injurious falsehood.
Justice Newbould dismissed Husky's claim on
several grounds, including that: (a) the claim was
barred by the passage of the applicable two-year
limitations period; (b) Husky and Athena had
previously settled most of the claims brought; and
(c) Athena and Schad weren't liable to Husky for
misusing confidential information.
Similarily, the court also dismissed the claim
that SIPA had acquired, and misused, Husky's
confidential information through Athena.
e court additionally dismissed the claims
against Mason, as well as Athena and Schad's
counterclaim against Husky.
In his judgment, Justice Newbould noted the
professionalism of all lawyers involved, writing,
"I cannot leave this case without expressing my
thanks and admiration … in which this case was
presented. While there are obviously difficulties
between each side in this dispute, the lawyers all
acted with reasonableness and courtesy in dealing
with each other and with the Court. is was in
the highest traditions of the bar and they are to be
congratulated."
e trial featured a number of innovative prac-
tices that allowed the parties to bring a highly
complex commercial case to trial on an expedited
schedule.
ese practices involved conducting the entire
trial electronically, and included the use of iPads
by both counsel and the court, the "chess clock"
method of allocating each party's time at trial,
leading evidence-in-chief by using affidavits and
calling expert witnesses in a panel.
Husky was represented by Patrick Flaherty,
Stuart Svonkin and Brendan Brammall of Cher-
nos Flaherty Svonkin LLP.
Schad and Athena were represented by Kent
omson, James Bunting, Chantelle Spagnola
and Anisah Hassan of Davies Ward Phillips
& Vineberg LLP, as well as James Raakman of
Bereskin & Parr LLP.
SIPA S.p.A. was represented by Peter Cavan-
agh and Chloe Snider of Dentons Canada LLP.
Mason was represented by Gordon Capern
and Michael Fenrick of Paliare Roland Rosen-
berg Rothstein LLP.
Amyot, AdE, Bernard; LCM Attorneys Inc.
Anderson, H. Rod; Harper Grey LLP
Awad, QC, Michelle C.; McInnes Cooper
Baert, Kirk M.; Koskie Minsky LLP
Bailey, QC, Kenneth F.; Parlee McLaws LLP
Barrack, Michael E.; Blake,
Cassels & Graydon LLP
Barry, QC, John P.; Cox & Palmer
Batner, Sarit E.; McCarthy Tétrault LLP
Beckett, QC, Clarence A.; Patterson Law
Beckman, QC, John R.; McKercher LLP
Bélanger, Michel; Michel
Bélanger Avocats inc.
Bélanger, Philippe H.; McCarthy
Tétrault LLP
Bell, Robert B.; Lerners LLP
Belleau, Daniel; Belleau
Lapointe, s.e.n.c.r.l.
Bennett, Paul R.; Bennett Mounteer LLP
Berg, Brad; Blake, Cassels & Graydon LLP
Berman, Wendy; Cassels Brock
& Blackwell LLP
Bernstein, Andrew E.; Torys LLP
Bertrand, AdE, Jean G.; Norton
Rose Fulbright Canada LLP
Bienvenu, AdE, Pierre; Norton
Rose Fulbright Canada LLP
Bilkey, QC, David J.; Bilkey
Law Corporation
Block, Sheila R.; Torys LLP
Boggs, C. Kirk; Lerners LLP
Bomhof, Scott A.; Torys LLP
Borgers, Oliver J.; McCarthy Tétrault LLP
Branch, Ward K.; Branch MacMaster
Brock, QC, Brian J.E.; Dutton Brock LLP
Brown, Alexandra K.; Blake,
Cassels & Graydon LLP
Camp, QC, J.J.; Camp Fiorante
Matthews Mogerman
Campbell, Nigel; Blake,
Cassels & Graydon LLP
Carroll, QC, D. Kevin; Carroll Heyd Chown
Carron, AdE, Christine A.; Norton Rose
Fulbright Canada LLP
Casavant, Jean-Pierre; Casavant Mercier
Caskey, QC, James R.; Siskinds LLP
Charbonneau, Robert E.; Borden
Ladner Gervais LLP
Chaytor, QC, Sandra R.; Cox & Palmer
Cherniak, QC, Earl A.; Lerners LLP
Chua, Chia-yi; McCarthy Tétrault LLP
Devereux, Jeremy J.; Norton
Rose Fulbright Canada LLP
Dietrich, Jane; Cassels Brock
& Blackwell LLP
Donnelly, Thomas J.; Thomas
Gold Pettingill LLP
Ehmann, QC, James S.; Kanuka
Thuringer LLP
Evans, QC, John F.; Evans Sweeny
Bordin LLP
Fabello, John; Torys LLP
Facey, Brian A.; Blake, Cassels
& Graydon LLP
Finkelstein, Neil; McCarthy Tétrault LLP
Fitch, Jack F.; Hughes Amys LLP
Foran, QC, Frank R.; Borden
Ladner Gervais LLP
Fortier, QC, CC, OQ, L. Yves;
Cabinet Yves Fortier
Fuerst, Linda L.; Norton Rose
Fulbright Canada LLP
Gagnon, Jean-François; Langlois
Lawyers, LLP
Galway, Jeff W.; Blake, Cassels
& Graydon LLP
Germain, Marc; Stein Monast L.L.P.
Godden, Cameron C.R.; Bell, Temple
Grant, QC, Robert G.; Stewart McKelvey
Gray, Andrew D.; Torys LLP
Green, Michel J.; Robinson Sheppard
Shapiro L.L.P.
Greenberg, QC, CArb, Hon. Benjamin J.;
Dunton Rainville s.e.n.c.r.l.
Grenier, François M.; Robic, LLP
Gudofsky, Jason L.; Blake,
Cassels & Graydon LLP
Haigh, QC, David R.; Burnet,
Duckworth & Palmer LLP
Hall, Geoff R.; McCarthy Tétrault LLP
Hardy, Éric; Norton Rose
Fulbright Canada LLP
Hashey, QC, David T.; Cox & Palmer
Heintzman, QC, OC, Thomas G.; Thomas G.
Heintzman Professional Corporation
Henry, Patrick; Robinson Sheppard
Shapiro L.L.P.
Hitchman, Carol V.E.; Gardiner Roberts LLP
Other Lexpert-ranked Lawyers
