Cases
Representative Work
Acts for financial institutions in defence of lender liability claims for misrepresentation, negligent advice
breach of fiduciary duties relating to commercial loans, limited partnership investments
related matters. Acts for various banks
trust companies in bills of exchange litigation, including fraudulent cheque-kiting schemes, forged endorsements, etc. Acted for Canadian chartered bank in injunction
trial proceedings involving letter of credit disputes with national banks of Cuba, Iran, Iraq, Tanzania
other jurisdictions. Acts as counsel in numerous corporate oppression remedy actions
other shareholders' disputes. Represents various financial institutions
other parties in Companies' Creditors Arrangement Act proceedings (e.g., Consumers Packaging Inc., General Publishing, Air Canada, Vicwest Steel, Stelco, Nortel
others). Represented financial institutions in private
court-appointed receivership proceedings
the reorganization
restructuring of companies in various industries, such as Hepburn Steel, AutoDepot, International Menu Solutions Inc.
numerous commercial real estate developments in Ontario
Alberta. Banco Nacional de Cuba v. Bank of Nova Scoti a (1988), 4 OR (3d) 100 - successfully defended Canadian bank in fraudulent international letter of credit transaction. Cranberry Cove Tower Inc. v. National Trust Co ., [2003] OJ No. 2862 - successfully defended Canadian financial institution in alleged fraudulent scheme to convert residential property project. SK Properties
Developments Inc. v. Equitable Trust Co . [2003] OJ No. 2234 - represented commercial mortgage lender in dispute over interest recoverability issues. Re: General Publishing Co . [2003] OJ No. 452
Re: General Publishing Co. [2002] OJ No. 2048
[2002] OJ No. 2270 (Court of Appeal) - acted for primary secured lender in restructuring
liquidation of Canadian book publisher. Re: Nortel [2011]- represented U.K. Pension Tribunal in Nortel restructuring proceedings regarding $2 billion + claim on behalf of Nortel U.K. pensioners. Re: Edgeworth Properties [2012]- represented secured lender in Alberta real estate scheme reorganization. The Bank of Nova Scotiav. Williamson (2009), 97 OR (3d) 561 - application of limitations period to bank guarantee. Cranberry Cove et al. v. National Trust [2003] OJ No. 286 - successfully defended financial institution in lender liability action. Re: 2811 Developments Ltd. [2012] - acted for court-appointed receiver with respect to insolvency of commercial/retail development project. Re: 2012241 Ontario Ltd. [2012]- acted for court-appointed receiver with respect to insolvency of commercial medical arts building development. Re: Canwest Communications [2011] - represented lender in Canwest reorganization proceedings. Ball v. Ball, [2002] OJ No. 1772 (CA). Hall v. Atto, [2001] OJ No. 3068. Alfano v. KPMG Inc. [2000] OJ No. 1634. Nesbitt Burns Inc. v. Canada Trustco [2000] OJ No. 868. Muscillo Transport v. Bank of Nova Scotia, [1997] OJ No. 3584. Neal v. Toronto-Dominion Bank, [1997] OJ No. 39. Bank of Nova Scotia v. Guild [1987] OJ No. 932.
