Cases
Representative Work: Shareholder, Partnership
Joint Venture Disputes - Brendan has acted on a wide variety of shareholder, partnership
joint venture disputes. This includes litigation
arbitration in relation to oppression remedy proceedings. Brendan's experience includes: Acting for the major shareholder of a technology company in a $20 million oppression remedy claim
Acting for a real estate developer in a relation to a breach by a business partner of a joint venture agreement for the development of a big box shopping plaza
Acting in arbitration proceedings for two partners of an investment firm in relation to serious fraud by a third partner
Acting for a real estate developer in oppression remedy proceedings brought in relation to the development of a 23 acre subdivision
Banking
Insolvency Litigation - Brendan regularly acts for major financial institutions
other creditors in connection with the enforcement of security,
insolvency
contractual disputes. This includes litigation in relation to private
court-appointment receivers,
reorganizations
disputes under the Bankruptcy
Insolvency Act
the Companies' Creditors Arrangement Act.
Cross-Border
International Litigation - Brendan regularly acts for U.S.
other international companies in enforcing foreign judgments
orders in Ontario. This includes the enforcement in Ontario of letters of request from foreign courts, as well as representation in Canadian insolvency proceedings
litigation. Brendan's international insolvency litigation experience also includes advising on a dispute over priority to a $40 million mortgage in Barbados, within the context of proposal proceedings.
Fraud
Injunction Litigation - Brendan has extensive experience in bringing applications for urgent relief, typically within the context of fraud
/or insolvency litigation. In particular, Brendan has obtained Mareva Injunctions to freeze bank accounts, Anton Piller Orders to seize evidence which may be at risk of being destroyed,
orders for the recovery of property prior to trial. Brendan's experience includes: Repeatedly acting for a major automotive manufacturer in the extremely urgent recovery of industrial equipment unlawfully seized or detained by third parties
The recovery of a trade secret belonging to a major international prepared food manufacturer, prior to its sale online by a rogue employee, which involved obtaining orders to search
seize evidence from multiple locations connected to the employee
Acting for a major home appliance manufacturer in the recovery of 6,000 palettes of inventory
Acting for major financial institutions
companies in obtaining Anton Piller Orders to search for
secure evidence relating to domestic
international frauds
Acting for a U.S. coal supplier in obtaining access to $33 million of its product
Competition Matters - Brendan has represented parties in a number of significant competition law matters, including misleading advertising, price-fixing,
abuse of dominance cases. Recently, Brendan acted for Reliance Comfort Limited Partnership in connection with a private action before the Ontario Superior Court of Justice involving allegations of widespread misleading advertising by a competitor, as well as an abuse of dominance proceeding before the Competition Tribunal.