20 LEXPERT
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2017
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WWW.LEXPERT.CA
Glendinning, Deborah A. Osler, Hoskin & Harcourt LLP
(416) 862-4714 dglendinning@osler.com
Ms. Glendinning specializes in defending multi-jurisdictional complex class
actions and commercial matters, and providing business-critical strategic
litigation advice, primarily in the areas of product liability, banking and
financial services.
Gill, L.A. Kelly Gowling WLG
(416) 862-3536 kelly.gill@gowlingwlg.com
Mr. Gill is best known for his intellectual property litigation practice,
particularly in the areas of trademarks and unfair competition. He is leader
of the firm's Trademarks Group and former leader of the IP Litigation Group.
He has appeared before all levels of court in Canada and served as counsel
on two of the Supreme Court of Canada's most important trademark
and copyright decisions.
Gelowitz, Mark A. Osler, Hoskin & Harcourt LLP
(416) 862-4743 mgelowitz@osler.com
Mr. Gelowitz's civil and securities litigation, appellate and international
arbitration practice in various provinces across Canada embraces M&A
litigation, D&O liability, shareholder disputes, corporate governance,
oppression, defamation, product liability, mining and class action matters.
Garland, Steven Smart & Biggar
(613) 232-2486 sbgarland@smart-biggar.ca
With over 25 years of experience, Mr. Garland is one of Canada's leading
IP litigators specializing in matters for patents, trademarks, copyrights,
industrial designs and trade secrets. He has appeared as counsel in IP cases
before the Federal and Supreme courts, the Patent Appeal Board and the
Trademarks Opposition board. Selected as Canadian "Trademark Litigator
of the Year" by Benchmark Canada.
Gaikis, Gunars Smart & Biggar
(416) 593-5514 ggaikis@smart-biggar.ca
One of Canada's premier intellectual property litigators with more than
25 years of experience in the highly specialized field of life sciences,
pharmaceutical patent, trademark and related litigation. He has appeared
as lead counsel in numerous precedent-setting cases before the Ontario,
Federal and Supreme courts. Recognized as one of the leading patent
attorneys in the world by Expert Guides.
Fuerst, Linda L. Norton Rose Fulbright Canada LLP
(416) 216-2951 linda.fuerst@nortonrosefulbright.com
Ms. Fuerst's litigation practice covers a range of commercial matters,
focusing on securities litigation, class actions and regulatory issues.
She has appeared before all levels of court in Ontario, provincial
securities commissions and IIROC.
LEXPERT-RANKED LAWYERS
contractual law, but added Anglo-Canadian com-
mon law has "resisted" any general doctrine of
good faith performance of contracts. As a result,
Canadian jurisprudence on the matter is, as they
put it, "piecemeal, unsettled and unclear."
Bhasin goes some way to resolving this state of
affairs because, at its essence, it means that parties
have a duty of honest performance when fulfilling
contractual obligations. e SCC, in a unani-
mous decision, wrote for the first time that there is
a general organizing principle of good faith in the
"honest" performance of contracts throughout
Canada. e ruling in Bhasin, the court added,
puts "in place a duty that is just, that accords with
the reasonable expectations of commercial parties
and that is sufficiently precise that it will enhance
rather than detract from commercial certainty."
While Québec addressed the concept of hon-
est contractual performance in its Civil Code
decades earlier, until 2014 the rest of Canada had
been forced to rely on English common law mired
in jurisprudence from centuries ago.
e change in the demeanour of Canadian
common law surrounding contractual interpreta-
tion "is significant" for both courts and corpora-
tions, says Sarah Woods, a partner with Woods
LLP in Montréal. "It is certainly a big improve-
ment in my view to the common law in that you
now have, under the general organizing principle
of good faith, a positive duty to not mislead and
be dishonest with your co-contractor in the execu-
tion of your contract." Still, she adds, "It is surpris-
ing that it took the common law that long, consid-
ering the positive obligations that have existed in
the Civil Code in Québec since 1991."
Eli Lederman, a Toronto litigator at Lenczner
Slaght Royce Smith Griffin LLP, has a practice
that focuses on contract disputes and acted for
the defendant in Bhasin v. Hrynew. e plain-
tiff, Harish Bhasin, was a top Alberta enrolment
"[BHASIN] IS CERTAINLY
A BIG IMPROVEMENT IN
MY VIEW TO THE COMMON
LAW IN THAT YOU NOW
HAVE, UNDER THE GENERAL
ORGANIZING PRINCIPLE
OF GOOD FAITH, A POSITIVE
DUTY TO NOT MISLEAD
AND BE DISHONEST
WITH YOUR CO-CONTRACTOR
IN THE EXECUTION
OF YOUR CONTRACT."
By Sarah Woods; Woods LLP
