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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8 LEXPERT | 2017 | WWW.LEXPERT.CA Brock, AdE, William Davies Ward Phillips & Vineberg LLP (514) 841-6438 wbrock@dwpv.com Litigation partner whose practice is focused on complex commercial, corporate and securities litigation and arbitration, including relating to mergers & acquisitions, contractual and shareholders disputes and fraud claims. Conducts litigation at trial and appellate levels, including before the Supreme Court of Canada. He has represented Canada's leading companies and government institutions. Bredt, Christopher D. Borden Ladner Gervais LLP (416) 367-6165 cbredt@blg.com Mr. Bredt is a senior litigation partner and leader of BLG's Public Law Group. He is a bencher of the LSUC. He practises civil litigation, with an emphasis on commercial disputes, anti-piracy actions, corporate restructuring, directors' and officers' duties and liabilities, shareholder oppression and other corporate disputes, class actions, constitutional, Aboriginal and administrative law issues. Brasil, Luciana P. Branch MacMaster LLP (604) 654-2960 lbrasil@branmac.com Ms. Brasil is a partner at Branch MacMaster and the chair of its class action practice. Originally from Brazil, she is dually qualified with civil and common law degrees. She has practised almost exclusively in the area of class actions for over 14 years acting for both plaintiffs and defendants across Canada, and working with or against the vast majority of leading Canadian class action counsel. Boggs, C. Kirk Lerners LLP (416) 601-2367 kboggs@lerners.ca Mr. Boggs focuses on insurance defence, appellate advocacy, class actions and health law. His insurance law experience involves extensive public entity and police defence, professional negligence-legal, motor vehicle, property damage, fraud, E&O (Directors' and Officers') and commercial liability claims. He also provides coverage assistance in these areas. Bodrug, John D. Davies Ward Phillips & Vineberg LLP (416) 863-5576 jbodrug@dwpv.com Mr. Bodrug's extensive experience in competition law includes price-fixing investigations, mergers, and distribution and advertising matters. He advises domestic and international clients in various industries, including resources, transportation and financial services. Boddez, Thomas M. Thorsteinssons LLP (604) 602-4260 tmboddez@thor.ca Mr. Boddez is a partner of Thorsteinssons LLP. He has served as the Managing Partner, and also as a Governor of the Canadian Tax Foundation. He is a member of the Thorsteinssons' tax litigation group and is regularly recognized as one of Canada's leaders in the field of tax controversies. LEXPERT-RANKED LAWYERS e SCC overturned the BC Court of Ap- peal's decision that had allowed judicial review of the arbitrator's decision in Teal. e SCC re- affirmed its 2014 decision in the case of Sattva Capital v. Creston Moly, 2014 SCC 53, and nar- rowed the standard of review. In so doing, the high court further limited the rights of parties to seek appeals of arbitral decisions. Furthermore, the Teal decision has clarified that, even when a court finds grounds of law to grant review of an arbitral decision, the court must apply the standard of reasonableness, rather than correctness, which is the standard of review in civil litigation appeals. e decisions of arbitra- tors on issues of law therefore receive greater def- erence from the courts. Says Terry: "If the standard of review were, is the arbitrator correct or not, you can only have a binary answer. e reasonableness standard al- lows a number of answers that might be reason- able. You might not agree that the arbitrator got it correct, but if you think it's reasonable you're going to let the decision stand." Luis Sarabia, a partner at Davies Ward Phillips & Vineberg LLP in Toronto, says: "An arbitra- tor's decision doesn't have to be right; it just has to be reasonable. And the reason for that is that the courts want to encourage arbitration. It's a way of ensuring that the parties' initial objective of hav- "[THE SCC] IS REAFFIRMING THE MESSAGE THAT IT AND VARIOUS COURTS OF APPEAL HAVE SENT OUT OVER THE PAST DECADE OR MORE, THAT WHEN PARTIES DECIDE TO ARBITRATE DISPUTES AND THE ARBITRATOR MAKES A DECISION, A GREAT DEAL OF DEFERENCE IS TO BE GIVEN BY THE COURT TO THE ARBITRAL TRIBUNAL." John Terry; Torys LLP

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