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2016
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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.