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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38 LEXPERT | 2016 | WWW.LEXPERT.CA Van Barr, Christopher C. Gowling WLG (613) 786-8675 christopher.vanbarr@gowlingwlg.com Mr. Van Barr is a lead IP trial counsel and appeal counsel, appearing in courts across Canada. Practises exclusively in IP Litigation with emphasis on complex patent litigation. Expertise also in trademark, copyright and trade secret litigation. Thornton, Robert I. Thornton Grout Finnigan LLP (416) 304-0560 rthornton@tgf.ca Mr. Thornton, an IIC Director, is recognized by Euromoney's The Best of the Best 2016 as one of the top five insolvency and restructuring lawyers in Canada and in Chambers Global as a Band 1 Leading Individual in Restructur- ing. He has been described as "a leading light," "one of the most innovative in the field" and "pound for pound one of the top lawyers in town." Thomson, Mary M. Gowling WLG (416) 862-4644 mary.thomson@gowlingwlg.com Ms. Thomson serves as head of Gowling WLG's National Litigation & Dispute Resolution Group in Canada. She represents clients in high-profile product liability class actions and mass tort litigation (pharma and medical devices) as well as in health law, consent law, privacy law. Thomson, Kent E. Davies Ward Phillips & Vineberg LLP (416) 863-5566 kentthomson@dwpv.com Mr. Thomson is recognized as one of Canada's leading litigation counsel and has acted in a number of precedent-setting cases in numerous trials and ap- peals, including to the Supreme Court of Canada. He specializes in complex high-stakes commercial litigation. He is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. Thacker, Lawrence E. Lenczner Slaght Royce Smith Griffin LLP (416) 865-3097 lthacker@litigate.com Recognized as a leading trial and appellate lawyer, Mr. Thacker has a broad experience in M&A, shareholder disputes, complex class actions, procure- ment matters, securities issues, tax litigation, infrastructure and energy, commercial arbitrations and insolvency restructuring. Tavender, QC, E. David D. Dentons Canada LLP (403) 268-7010 david.tavender@dentons.com Mr. Tavender has extensive experience in civil commercial litigation and ADR. He has conducted numerous major trials and appeals and his appearances include cases before the Alberta Courts, the Federal Court of Canada and the Supreme Court of Canada. He is active in the alternative dispute resolution field and has served as a neutral and as counsel on commercial arbitrations and mediations. LEXPERT-RANKED LAWYERS AMEC FOSTER WHEELER AMERICAS LIMITED V. ATTILA DOGAN CONSTRUCTION AND INSTALLATION CO INC. DECISION DATE: MAY 27, 2016 e Alberta Court of Queen's Bench recently ended a complex multi-million-dollar litigation between Attila Dogan Construction and Installa- tion Co. Inc. (AD) and AMEC Foster Wheeler Americas Limited (AMEC) regarding a construc- tion project terminated in 2002. In AMEC Foster Wheeler Americas Ltd. v At- tila Dogan Construction and Installation Co. Inc., Chief Justice Neil Wittmann ruled that AD was in contempt of court for its failure to renew or re- plenish a letter of credit posted as security for costs and subsequently struck AD's amended statement of claim as a result of AD's continued failure to do so. e abrupt conclusion to this lengthy dispute reflects the importance of AMEC's cumulative victories on applications relating to process and substance. AMEC and AD partnered in a joint venture to design and build a magnesium oxide plant in Jordan for the owner, Jordan Magnesia Company Limited ( JorMag ). e project was seriously de- layed and JorMag terminated the joint venture's contract in 2002. In 2007, following an arbitra- tion against JorMag, AD filed a claim against AMEC, seeking $50 million in enumerated dam- ages, and unquantified damages likely in the tens of millions of dollars. AD claimed that AMEC was responsible for the owner's contract termina- PHOTO: SHUTTERSTOCK BIG SUITS Recent litigation as described by counsel from the pages of Lexpert magazine compiled by Gena Smith Big Suits

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