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WWW.LEXPERT.CA
Riendeau, Alain Fasken Martineau DuMoulin LLP
(514) 397-7678 ariendeau@fasken.com
Mr. Riendeau practises mainly in the areas of bankruptcy, insolvency,
and commercial and corporate litigation. He has been involved in many
complex financial disputes and in most of the large restructurings
that have taken place in Québec over the last few years, acting on behalf
of important corporations in their recovery under the Companies'
Creditors Arrangement Act.
Ranking, Gerald L.R. Fasken Martineau DuMoulin LLP
(416) 865-4419 granking@fasken.com
Mr. Ranking is recognized as a leading litigator whose practice focuses on all
aspects of civil, administrative and commercial litigation, with a particular
emphasis on professional negligence, pensions, cross-border issues,
shareholder rights, banking, insurance, product liability and employment
matters. He is regularly called upon to advise major Canadian insurance
and public companies.
Radomski, Harry B. Goodmans LLP
(416) 597-4142 hradomski@goodmans.ca
Mr. Radomski heads Goodmans' IP Litigation Group. His national litigation
practice focuses on IP law before courts and tribunals. He has appeared
before the SCC on leading patent and trademark issues and is recognized
for proceedings under the Patented Medicines (Notice of Compliance)
Regulations for generic clients.
Pratte, Guy J. Borden Ladner Gervais LLP
(416) 700-6265 gpratte@blg.com
A member of the Ontario and Québec Bars and an ACTL Fellow, Mr. Pratte
specializes in commercial litigation and public law before all levels of court,
including the SCC, Federal Courts, and the Ontario and Québec Courts
of Appeal and Superior Courts.
Pliszka, Peter J. Fasken Martineau DuMoulin LLP
(416) 868-3336 ppliszka@fasken.com
Mr. Pliszka, Chair of Fasken's Product Liability Group, acts as national
counsel on product liability, class action and insurance matters. Described
as "one of the top people in the country for product liability cases" and "the
lawyer of choice" for companies in need of defence counsel, he specializes
in cross-border litigation and is regularly retained by foreign companies
sued in Canada.
Pasquariello, Joe Goodmans LLP
(416) 597-4216 jpasquariello@goodmans.ca
Mr. Pasquariello focuses on corporate insolvencies, restructurings
and bankruptcies. He represents debtors, Court officers, debtholders,
committees and other key parties in complex domestic, cross-border
and international matters. He is recognized as a leading insolvency and
restructuring lawyer by various guides, and is a member of the Insolvency
Institute of Canada and INSOL International.
LEXPERT-RANKED LAWYERS
Ontario's appellate court had, in turn, dis-
missed appeals from a July 11, 2016, decision
of Justice Barbara Conway of the Ontario Su-
perior Court of Justice. Justice Conway had
dismissed the four applications that were heard
together in June 2016, ruling in favour of Kyr-
gyzaltyn JSC (KJSC), a company that special-
izes in the development of gold deposits in
Kyrgyzstan, and declaring that its assets could
not be seized in satisfaction of arbitral awards
against its owner, Kyrgyzstan. e unanimous
decision had upheld Justice Conway's refusal
to declare that the Republic had an ownership
interest in KJSC's shares of Centerra Gold,
Inc., an Ontario public company that operates
the Kumtor Gold Mine in Kyrgyzstan. KJSC's
shares in Centerra had been targeted by four
separate parties that then held arbitral awards
against Kyrgyzstan.
e first of the four applicants, Sistem,
enjoyed early success against KJSC before
Ontario's courts, first in getting KJSC's assets
frozen and then obtaining a judgment allowing
for the assets to be seized. e latter three ap-
plicants — Canadian company Stans Energy
Corp., Latvian oligarch Valērijs Belokoņs, and
Entes — sought to build on that success. At first
these claimants all enjoyed similar early suc-
cesses, obtaining matching Mareva injunctions
and freezing tens of millions of dollars' worth
of KJSC's shares in Centerra, while KJSC ap-
pealed the Sistem judgment. e tide began to
turn in June 2015, when the first of the Mareva
injunctions was set aside aer the Ontario Div-
isional Court overturned a decision of Justice
Frank Newbould because the applicant, Stans,
had failed to make full and frank disclosure on
the original ex parte motion for the Mareva,
and because the arbitral award that Stans ob-
tained from a Russian tribunal had since been
set aside by Russian courts.
Later that month the Court of Appeal for
Ontario set aside a judgment rendered by Jus-
tice Julie orburn in favour of Sistem and or-
dered a fresh hearing on the merits, as Sistem
had failed to properly serve Kyrgyzstan in ac-
cordance with the State Immunity Act. Next,
the Mareva obtained by Belokoņs was set
aside in September, 2015 aer Justice Wendy
Matheson concluded that "the substratum for
the [injunction] ha[d] been significantly com-
promised due to the recent appeal decisions" in
Stans and Sistem. Shortly aer, Justice Mathe-
son struck an affidavit filed by Kyrgyzstan, set-
ting out evidence that indicated Belokoņs had
been engaged in money laundering and other
suspect transactions through the Kyrgyz bank
at the centre of his claim.
Justice Conway's decision wove together
