Lexpert Special Editions

Special Edition on Litigation 2016

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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WWW.LEXPERT.CA | 2016 | LEXPERT 15 Di Paolo, David Borden Ladner Gervais LLP (416) 367-6108 ddipaolo@blg.com Mr. Di Paolo is a partner, the manager of the Toronto Commercial Litigation Group and regional chair of the Securities Litigation Group at BLG. Mr. Di Paolo represents registrants and public companies, and their respective officers, directors and shareholders in all manner of proceedings and prosecutions. Desrosiers, Martin Osler, Hoskin & Harcourt LLP (514) 904-5649 mdesrosiers@osler.com Mr. Desrosiers focuses on insolvency and financial restructuring law. He represents financial institutions, trustees, receivers, monitors, debtors and creditors' committees. He has lectured and written extensively, and is an IIC member. Demers, Jo-Anne Clyde & Co Canada LLP (514) 764-3601 jo-anne.demers@clydeco.ca A trial litigator with considerable expertise defending professional liability claims against lawyers, accountants, securities brokers and construction professionals, product liability claims and class actions defense. Has pleaded before all levels of court and the Supreme Court of Canada. Specializes in crisis management in high-profile cases, risk management and insurance consulting. Deane, Robert J.C. Borden Ladner Gervais LLP (604) 640-4250 rdeane@blg.com Mr. Deane is the leader of BLG's International Trade and Arbitration Group and co-leader of the firm's Privacy and Data Security Group. His practice specializes in international and domestic commercial arbitration, commercial litigation, privacy law, intellectual property litigation and advertising/compe- tition law. He is counsel in arbitration proceedings throughout North America, Asia and Europe. De Vita, Bruno Alexander Holburn Beaudin + Lang LLP (604) 484-1709 bdevita@ahbl.ca Mr. De Vita, Managing Partner of the firm, practises civil litigation with an emphasis on insurance coverage disputes and complex tort liability cases. He is known for his representation of major insurance companies, local govern- ments, religious institutions and athletic associations. Mr. De Vita also acts as an arbitrator for the Court of Arbitration for Sport based in Switzerland. D'Silva, Alan L.W. Stikeman Elliott LLP (416) 869-5204 adsilva@stikeman.com Mr. D'Silva is a leading litigation lawyer in Canada with expertise in a number of areas of law, including defence of class actions, corporate/commercial disputes, securities litigation, insurance litigation, professional negligence, sports law and directors' and officers' claims. He has acted as counsel in more than 200 publicly reported cases and has extensive experience at all levels of court. LEXPERT-RANKED LAWYERS banks and payment or credit cards. "ere's also an extraor- dinary amount of litigation," he adds, affecting consumers across the country. As it stands, much of the con- sumer litigation — especially the class actions — against the banks is filed under provincial statutes. Jamal, for example, is currently involved in a class action in BC over whether bank-issued, pre- loaded payment cards are subject to provincial consumer-protec- tion legislation as well as the Bank Act. ere are consequenc- es, he says, for the obligations in disclosure and "the remedies and the fees that can be charged." e case was denied certification, but is on appeal. In Quebec, mean- while, a class action was started alleging several big banks, and some other large companies, breached the Qué- bec Consumer Protection Act's negative-billing provision by marketing credit cards that would waive the annual fee for the first year. So here's where it gets really interesting: Ot- tawa is getting ready to rumble. e last two budgets have talked about beefing up federal powers to fill in the gaps in federal regulations with regard to retail customers. e 2016 bud- get document, the Liberal's first, reiterated that amendments to the Bank Act will be proposed "to modernize the financial consumer protection framework by clarifying and enhancing consum- er protection through a new chapter in the Act." e budget stated the amendments will "reaffirm the government's intent to have a system of exclu- sive rules" to ensure an efficient national banking system from coast to coast to coast. If Ottawa enacts the amendments it's describ- ing (and it's working on this in conjunction with the provinces), Jamal says the end result — con- sumer protection in banking — will be exclu- sively federal terrain. "What they're saying is,

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