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 37 Swan, Richard B.Bennett Jones LLP (416) 777-7479 swanr@bennettjones.com Mr. Swan is co-Chair of Bennett Jones's Commercial Litigation practice group. He focuses on corporate, commercial and insolvency litigation, including shareholder, oppression, contract, injunction, arbitration and estate dis- putes. He has comprehensive and extensive trial and appellate experience, regularly appearing before a range of tribunals, arbitral bodies and courts. Stratton, Bruce W. DLA Piper (Canada) LLP (416) 8f62-3382 bruce.stratton@dlapiper.com Mr. Stratton is an IP lawyer, patent and trade-mark agent with a technical background in computer science. He has extensive trial and appellate experi- ence in patent, trademark and copyright litigation, with a focus on computer- related patents. Staley, Robert W. Bennett Jones LLP (416) 777-4857 staleyr@bennettjones.com Mr. Staley's practice focuses on complex securities litigation, securities regu- lation and enforcement, shareholder activism and securities class actions. He is Chair of his firm's Shareholder Activism and Critical Situations Practice Group. Peer reviews recognize him for his "skilled handling of complex cases," his "excellent courtroom presence" and as a "masterful strategic thinker." Stainsby, Jonathan Aitken Klee LLP (647) 317-6868 jstainsby@aitkenklee.com Mr. Stainsby, a partner in the firm's Toronto office, focuses on IP litigation. He acts in complex patent, trade-mark and copyright matters in a variety of industries, before all levels of the courts. He also has broad experience in defamation and commercial litigation. He has been recognized by Lexpert, Chambers Global, Benchmark Litigation, Best Lawyers, Who's Who Legal and IAM Patent 1000. Snowden, Marcus B. Snowden LLP, Coverage Counsel (416) 363-3343 marcus@snowdenllp.com Mr. Snowden focuses on commercial insurance and related risk management advice, policy drafting and advocacy. His client services include coverage opinions, national & cross-border monitoring counsel and litigation counsel in actions on CGL, E&O, D&O, Excess, Specialty and Property policies. He co- authors a leading insurance text/looseleaf service, Annotated Commercial General Liability Policy. Smith, Glenn Lenczner Slaght Royce Smith Griffin LLP (416) 865-2927 gsmith@litigate.com Mr. Smith has a diverse commercial litigation practice focusing on com- mercial insurance litigation and class actions. Including coverage in D & O, product liability and environmental cases. LEXPERT-RANKED LAWYERS and that many of Goldhar's 200 employees in To- ronto had heard about it, Schabas did not dispute that the alleged tort was committed in Ontario as well as in Israel. Instead, he argued that his cli- ent had rebutted the presumption of jurisdiction because there was no real relationship or only a weak relationship between the subject matter of the litigation and Ontario. But the majority concluded that the action did indeed have a "significant connection" to Ontar- io. "What is important is that the alleged sting of the article is very much related to how Goldhar conducts business in Canada because the article draws a link between Goldhar's management model and his Canadian business," Simmons wrote. "Although the main subject of the article may be the management of an Israeli soccer team, the article makes Goldhar's management model — and its Canadian origins — an integral part of that subject." Pepall, however, reasoned that jurisdiction should attach where Goldhar's reputation had likely suffered most. She also concluded that the analysis of the motions judge, Superior Court Justice Mario Faieta, was faulty. Particularly ob- jectionable was his reliance on Goldhar's under- taking to pay for the travel and accommodation of Haaretz's witnesses from Israel. As Pepall saw it, plaintiffs should not "be permitted to buy passage to a forum" due to "his or her financial he." Schabas has advised Lexpert that his client in- tends to seek leave to appeal from the Supreme Court of Canada. He expects considerable inter- est from potential intervenors. "I believe this case highlights issues that the high court in its previ- ous decisions le open for another day," he says.

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