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2017
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LEXPERT 33
Pasparakis, Orestes Norton Rose Fulbright Canada LLP
(416) 216-4815 orestes.pasparakis@nortonrosefulbright.com
Mr. Pasparakis's practice encompasses complex commercial and securities
litigation, shareholder activism, corporate reorganization and patent
litigation. He focuses on high-stakes disputes that often proceed
in "real time" or on an urgent basis.
Pape, Paul J. Pape Barristers Professional Corporation
(416) 364-8765 pjp@papebarristers.com
Mr. Pape's litigation practice focuses on complex commercial, securities,
class action, professional negligence and administrative matters, with
special emphasis on appeals in these and other areas. He is a Fellow of the
IATL and the ACTL. He has acted in a number of cases of significance. He is
an honourary member of The Commercial Bar of England (COMBAR).
Mr. Pape was called to the Bar in 1971.
Paliare, OO, LSM, Chris G. Paliare Roland
Rosenberg Rothstein LLP (416) 646-4318
chris.paliare@paliareroland.com
Mr. Paliare's practice embraces trials, hearings and appeals. His cases
engage commercial, administrative, class action, employment and
professional discipline matters. He is a Fellow of the IATL, ACTL, ISB
and is an Hon. Fellow of COMBAR.
Ouellet, Patrick Woods LLP
(514) 982-2551 pouellet@woods.qc.ca
Partner of the firm, he is known as one of Québec's finest trial and
appellate lawyers, with nearly 20 years of experience dealing with high-end
commercial and corporate litigation matters. His focus has been in litigation
and arbitration involving securities, telecommunications, class actions,
construction and shareholder disputes. He is responsible for many especially
high-profile cases.
Osborne, Peter Lenczner Slaght Royce Smith Griffin LLP
(416) 865-3094 posborne@litigate.com
One of Canada's leading litigators, Mr. Osborne has a broad civil litigation
and administrative law practice encompassing cross-border commercial
disputes, complex cross-border restructuring and insolvency cases, class
actions and securities matters, as well as professional malpractice litigation
and disciplinary proceedings.
O'Sullivan, LSM, Terrence J. Lax O'Sullivan Lisus
Gottlieb LLP (416) 598-3556 tosullivan@counsel-toronto.com
Mr. O'Sullivan's litigation and arbitration practices focus on business
disputes, financial institution litigation, regulatory charges and defence
of directors' and officers' liability. He acts as a mediator, arbitrator
and is an ACTL and IATL Fellow.
LEXPERT-RANKED LAWYERS
He also found that the Port Transaction itself,
and the change of control provision in the Cargo
Handling Agreement in particular, violated these
reasonable expectations.
Justice Newbould refused to grant the primary
relief — a transfer of Portco's shares to Algoma
— sought by the monitor because doing so would
have compromised GIP's security interest. He or-
dered that the lease, the Cargo Handling Agree-
ment, and the Shared Services Agreement should
remain in force until GIP's term loan had matured
and been paid in full, at which time Algoma can
terminate the material contracts with Portco and
regain control and ownership of the Port.
e trial decision appeal was heard in August
2017 and is currently under reserve.
Clion Prophet, Nicholas Kluge, Michael Wat-
son, Marco Romeo, Delna Contractor and Brent
Arnold of Gowling WLG acted for the monitor.
Patricia Jackson, Andrew Gray, Jeremy Opolsky,
Alexandra Shelley and Davida Shiff of Torys LLP
acted for Essar Global Fund Limited, Essar Ports
Algoma Holdings Inc., Algoma Port Holding
Company Inc., and Port Of Algoma Inc.
Peter Griffin, Monique Jilesen and Matthew
Lerner of Lenczner Slaght Royce Smith Griffin
LLP represented GIP Primus LP and Brightwood
Loan Services LLC.
Eliot Kolers and Patrick Corney of Stikeman El-
liott LLP acted for Essar Steel Algoma Inc.
John MacDonald and Alex Cobb of Osler,
Hoskin & Harcourt LLP represented Deutsche
Bank AG. Joseph Latham and David Conklin of
Goodmans LLP acted for the Ad Hoc Committee
of Essar Algoma Noteholders.
Karen Ensslen of Ursel Phillips Fellows Hopkin-
son LLP represented the retirees.
Robert Centa of Paliare Roland Rosenberg
Rothstein LLP acted for USW and its Local 2724.
Alexandra Teodorescu of Blaney McMurtry
LLP represented USW Local 2251.
ENTES V. KYRGYZ REPUBLIC
AND SISTEM V. KYRGYZ REPUBLIC
DECISION DATE: JUNE 15, 2017
On June 15, 2017, the Supreme Court of Canada
brought to an end six years of litigation that saw
four applicants fail in their efforts to seize US$165
million in Ontario-based assets from a company
wholly owned by the Central Asian state of Kyr-
gyzstan. e Supreme Court dismissed applica-
tions by two of the original four applicants, Turk-
ish companies Entes Industrial Plants Construc-
tion & Erection Contracting Co. Inc., and Sistem
Mühendislik Insaat Sanayi Ve Ticaret Anonim
Sirketi (Sistem), which hold arbitral awards against
Kyrgyzstan and were seeking leave to appeal a De-
cember 29, 2016, decision of the Court of Appeal
for Ontario.
