Lexpert Special Editions

Special Edition on Litigation 2017

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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14 LEXPERT | 2017 | WWW.LEXPERT.CA Crawley, Alistair Crawley MacKewn Brush LLP (416) 217-0806 acrawley@cmblaw.ca Mr. Crawley provides representation and advice in a broad range of commercial and securities litigation matters, with a focus on the capital markets and financial services industry. His practice includes corporate and contractual disputes, takeovers, directors' and officers' liability, investigations and enforcement hearings, regulatory policy and compliance advice and investment loss claims. Cowper, QC, Geoffrey Fasken Martineau DuMoulin LLP (604) 631-3185 gcowper@fasken.com Mr. Cowper is a partner and leader of the firm's Litigation & Dispute Resolution Group. He practices in class actions, competition law, general commercial litigation and public law matters. His clients include Microsoft Corporation, Royal Bank of Canada Group, UBC and Jim Pattison Group. He is the former director and chair of the Legal Services Society, and was appointed Queen's Counsel in 1997. Coulombe, Marc-André Stikeman Elliott LLP (514) 397-3395 macoulombe@stikeman.com Mr. Coulombe provides strategic advice on litigious issues and represents clients at trial and appeal in his litigation practice, which extends to all areas of commercial law, including contract law, corporate litigation and shareholder disputes. He has developed a strong expertise in provisional or extraordinary proceedings, such as injunctive relief and safeguard orders. Cooper, Laura F. Fasken Martineau DuMoulin LLP (416) 865-5471 lcooper@fasken.com Ms. Cooper is Chair of the Ontario Litigation Group and Co-Chair of the Class Actions Group. She has experience in class actions in competition, securities, product liability, mass torts and employment. She is experienced in complex alternate dispute resolution processes and represents clients in multi- jurisdictional proceedings and commercial disputes. Conklin, David D. Goodmans LLP (416) 597-5164 dconklin@goodmans.ca Mr. Conklin has extensive experience litigating securities class actions and other complex commercial disputes involving shareholder and partnership disputes, allegations of breach of fiduciary duties and other governance- related matters. He advises on internal investigations and responding to securities regulators. He also teaches corporate governance and M&A at Schulich and U of T. Collins, Paul Stikeman Elliott LLP (416) 869-5577 pcollins@stikeman.com Mr. Collins is a partner and Head of the Competition & Foreign Investment Group. He specializes in competition law, in both transactional and general compliance advice. He is a leading advisor for foreign investors in connection with the Investment Canada Act. He served at the Competition Bureau from 2010-2012 as Senior Deputy Commissioner - Mergers Branch. LEXPERT-RANKED LAWYERS run-of-the-mill, it's clear that the courts have been facing an uphill battle. Among of the top concerns of critics of the Equustek decision is that it may be used by courts in other countries as a tool to limit Canadians' freedom of speech. "Canada has liberal defamation laws," says Bernstein. "e bar for defamation is reasonably high, and that means the scope for freedom of expression is quite broad. ere are countries where the defamation law is much more onerous. We wouldn't want the courts of, say, Singapore to be telling Google Canada what [Canadians] can and can't find when they search." e good news, for those concerned about free speech, is that the circumstances of the case are quite specific, making it difficult for courts to use it as a precedent in cases that don't involve IP. "e question will be, how broad is its scope?" says Little. "Do you have to have a pre-existing court order that is being breached in order to get one of these orders, or is it enough to show that there is a flagrant violation of Canadian law? at will be where the edges get pushed. at's one of the places. e other place is, what does it mean to facilitate a breach of a court order?" Danielle Ferron is a Montréal-based senior litigation partner at Langlois Lawyers, LLP and "THERE ARE A LOT OF COMPANIES THAT ARE ALL VERY CONCERNED. … THERE ARE COUNTRIES WHERE THE DEFAMATION LAW IS MUCH MORE ONEROUS. WE WOULDN'T WANT THE COURTS OF, SAY, SINGAPORE TO BE TELLING GOOGLE CANADA WHAT [CANADIANS] CAN AND CAN'T FIND WHEN THEY SEARCH." Andrew Bernstein; Torys LLP

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