WWW.LEXPERT.CA
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2016
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LEXPERT 39
Williams, David B. Harrison Pensa LLP
(519) 661-6782 dwilliams@harrisonpensa.com
Mr. Williams is considered to be one of Ontario's most respected civil
litigators. A specialist in civil litigation, his practice is focused on personal
injury, medical malpractice, class action and complex commercial litigation
matters. Inducted into the American College of Trial Lawyers, his career has
brought him before the Trial Division, the Court of Appeal and the Supreme
Court of Canada.
Wilcox, Peter R. Belmore Neidrauer LLP
(416) 863-3363 peter.wilcox@belmorelaw.com
Mr. Wilcox has over 20 years of experience litigating complex intellectual
property cases. He appears in the Federal Courts of Canada, the Ontario
Courts and the Supreme Court of Canada. He has recently litigated patent
cases for the pharmaceutical, biotechnology, medical device and oil field
industries. He also litigates trademark, copyright and trade secret cases.
White, J. Bradley Osler, Hoskin & Harcourt LLP
(613) 787-1101 bwhite@osler.com
Mr. White, partner and chair of the national Intellectual Property Department,
practises IP law with a focus on complex patent litigation and prosecution. He
advises clients on strategic management of their patent portfolios and en-
forcement, including the coordination and management of multi-jurisdictional
litigation, and is registered as a patent agent including to practice before
the USPTO.
Walwyn, Frank E. WeirFoulds LLP
(416) 947-5052 fwalwyn@weirfoulds.com
Mr. Walwyn is a Member of the Bars of Ontario, Anguilla, Antigua and Barbu-
da, Barbados, Belize, BVI, Dominica, Grenada and St. Kitts and Nevis. Cases
have ranged from multi-jurisdictional corporate disputes involving share-
holder rights and directors' duties, to commercial disputes, to complex trusts
and estates litigation, frequently involving assets in foreign jurisdictions.
Waddell, Margaret L. Paliare Roland Rosenberg
Rothstein LLP (416) 646-4329 marg.waddell@paliareroland.com
Ms. Waddell is a senior partner of Paliare Roland Rosenberg Rothstein LLP,
and a leader of the Class Action practice group. She has particular experi-
ence and expertise in this specialized field, where she acts for both plaintiffs
and defendants.
Veneziano, Mark Lenczner Slaght Royce Smith
Griffin LLP (416) 865-3051 mveneziano@litigate.com
Mr. Veneziano is a trial lawyer having conducted dozens of trials and arbitra-
tions as lead counsel. Mr. Veneziano's practice has a particular emphasis on
commercial and civil litigation, medical malpractice, class actions, securities
litigation and professional discipline.
LEXPERT-RANKED LAWYERS
tion and for the losses AD suffered on the proj-
ect. AMEC counterclaimed against AD for ap-
proximately $12 million, AD's share of the legal
costs the joint venture incurred in the arbitration
against JorMag.
Chief Justice Neil Wittmann was appointed
to hear all interlocutory applications and manage
this litigation.
Security for Costs
In 2011, the court awarded AMEC $1.6 million
in security for costs. is was the largest security
for costs awarded in Alberta history and has be-
come the leading case on security for costs.
AMEC later received two more awards, bring-
ing the total security for costs posted by AD to
over $2 million.
Summary Judgment Applications
In 2013, AMEC applied for summary judgment
on its counterclaim and dismissal of certain of
AD's claims.
Before AMEC's application for summary
judgment could be heard, AD applied to amend
its statement of claim asserting undue influence
and conflict of interest. e court dismissed AD's
amendments as "doomed to fail." AD unsuccess-
fully appealed.
AD changed counsel twice in 2014 and ap-
plied to adjourn AMEC's application for summa-
ry judgment several times. It was finally heard in
September 2014. Justice Wittmann granted judg-
ment to AMEC for AD's share of the legal costs
of the arbitration against JorMag in the amount
of over $11.6 million and dismissed AD's claims
for delay, estimated to be worth approximately
$18 million. e Court of Appeal of Alberta dis-
missed AD's appeal.
Contempt of Court
AD failed to pay costs awarded on various appli-
cations and appeals, totalling $66,666.62. Justice
Wittmann ordered that AD pay the full sum to
AMEC by March 16, 2016, failing which AMEC
could make a demand on one of the letters of
credit AD posted as security for costs. AD failed
to make payment by that date, and AMEC made
a demand on one of the letters of credit.
Justice Wittmann then ordered AD to renew
or replenish the $66,666.62 in security for costs
(Outstanding Security for Costs) by March 31,
2016. AD failed to do so, and AMEC applied for
a declaration that AD was in contempt of court.
AD argued that it was in dire financial straits
and that it had faced logistical hurdles in renew-
ing or replenishing the Outstanding Security for
Costs. Justice Wittmann declared that AD was in
contempt of court and ordered that AD's amend-
ed statement of claim would be struck if AD did
