Cases
Cases: Bell Canada/National Football League v Canadian Radio-television
Telecommunications Commission
Counsel to the interveners ACTRA
the Association of Canadian advertisers in appeals from the CRTC's Super Bowl simultaneous advertisement substitution ban.
James S.S. Holtom & Tom Curry December 28, 2017
Rosseau Asset Management v The Rosseau Group
Counsel to Rosseau Asset Management in a trade-mark infringement
passing off action.
Sana Halwani, Tom Curry & Laurel D. Hogg May 4, 2017
The Association of Justices of the Peace of Ontario v Ontario
Counsel to the AJPO in a successful application for judicial review of the Ontario government's response to a judicial remuneration commission. An interim order was obtained that stayed the implementation of certain changes to the benefits of the Justices of the Peace of Ontario pending the hearing of the application.
Tom Curry, Scott Rollwagen, Mariam Moktar & Sam Johansen June 19, 2016
Cygnus Electronics Corporation v Hitachi AIC Inc
Counsel to a defendant electronics company in a proposed Ontario class action relating to allegations of price-fixing in the market for electrolytic capacitors.
Tom Curry, Monique Jilesen & Paul-Erik Veel June 4, 2016
Pharmascience Inc v Pfizer Canada Inc
Counsel to Pfizer in an action for damages under section 8 of the PM(NOC) Regulations relating to Lyrica (pregabalin), a neuropathic pain drug.
Tom Curry, Monique Jilesen & Paul-Erik Veel April 18, 2016
407 ETR Concession Company Limited v Day
Counsel to the 407 ETR in a successful motion
appeal to determine a question of law that no limitation period expired prior to the commencement of the action by 407 ETR. The Ontario Court of Appeal's decision is one of the leading cases on the appropriateness requirement of the discoverability provisions in the Limitations Act, 2002.
Tom Curry, Scott Rollwagen & Rebecca Jones July 17, 2015
Conference des juges de paix magistrats du Quebec v Quebec (Attorney General)
Counsel to the intervener Association of Justices of the Peace of Ontario in an appeal to the Supreme Court of Canada regarding judicial compensation.
Tom Curry & Paul-Erik Veel July 2, 2015
Locking v McCowan
Counsel to the defendants in a class proceeding by unit holders of Partners REIT.
Tom Curry & Mariam Moktar June 1, 2015
College of Traditional Chinese Medicine Practitioners
Acupuncturists of Ontario v Federation of Ontario Traditional Chinese Medicine Association
Counsel to the College of Traditional Chinese Medicine Practitioners
Acupuncturists of Ontario in an application
subsequent appeal against respondent organizations
individuals for declarations that the respondents breached the Regulated Health Professions Act . Interim injunctions obtained against the respondents.
Tom Curry, Jaan Lilles & Laura Robinson March 2, 2015
Teva Canada Limited v Pfizer Canada Inc
Counsel to Pfizer in an action for damages under section 8 of the PM(NOC) Regulations relating to Lyrica (pregabalin), a neuropathic pain drug. The action proceeded to a five-week trial.
Tom Curry, Monique Jilesen, Paul-Erik Veel & James S.S. Holtom January 1, 2015
Chen v Toronto Transit Commission
Counsel to the defendant Toronto Transit Commission in the trial of a claim for damages for injuries arising out of a pedestrian collision.
Tom Curry & Brendan F. Morrison March 11, 2014
Sheridan Chevrolet Cadillac Ltd v Kyungshin-Lear Sales
Engineering
Counsel to a defendant in a multi-jurisdictional class action involving alleged price-fixing among automotive parts manufacturers.
Tom Curry & Monique Jilesen February 20, 2013
Commissioner of Competition v Rogers Communications Inc
Counsel to the Commissioner of Competition in proceedings against Rogers Communications Inc.
Chatr Wireless Inc. relating to misleading advertising under the Deceptive Marketing Practices provisions of the Competition Act . The application involved successful defence to a constitutional challenge to certain provisions of the Competition Act brought by the respondents.
Tom Curry, Jaan Lilles, Paul-Erik Veel & Grace Tsakas November 30, 2012
Partnership Arbitration
Counsel to the largely successful law firm respondent at an arbitration involving a partnership dispute.
Tom Curry & Rebecca Jones November 16, 2012
Barclays Bank v Metcalfe &Mansfield (Devonshire Trust)
Counsel to Devonshire Trust in a case arising out of the disruption of the Canadian Asset Backed Commercial Paper market in August 2007. Devonshire Trust was successful after a lengthy trial. The Court of Appeal affirmed the trial judge's decision
found that Barclays' notice terminating the swap transaction was invalid because of Barclays' misrepresentation
bad faith.
Read Lexpert's Significant Matters summary.
Tom Curry, Monique Jilesen, Brian Kolenda & Christina Shiels-Singh October 17, 2012
Re Coventree Inc
Counsel to a former director
officer of Coventree Inc. in a regulatory proceeding before the Ontario Securities Commission in connection with disclosure obligations surrounding the collapse of the Asset Backed Commercial Paper (ABCP) market in Canada. Counsel in appeals to the Divisional Court
Court of Appeal.
Tom Curry, Monique Jilesen & Shara N. Roy October 3, 2010
407 ETR Concession Company v Ontario (Registrar of Motor Vehicles)
Counsel to the 407 ETR in a successful judicial review application, in which the 407 ETR sought an order compelling the Registrar of Motor Vehicles to comply with his statutory duties concerning validation of vehicle permits.
Tom Curry, Nina Bombier & Rebecca Jones April 29, 2005
Re Poseidon Concepts Corp
Counsel to the underwriter creditors in connection with CCAA proceedings relating to Poseidon Concepts.
Tom Curry, Monique Jilesen & Shara N. Roy July 21, 2001
Dow v 407 ETR Concession Company Limited
Counsel to the defendant 407 ETR in a class action relating to the use of the statutory licence plate denial remedy in relation to insolvent individuals.
Tom Curry, Rebecca Jones, Andrew Parley & Kelly Hayden July 7, 2001
Commercial Arbitration
Counsel to the successful respondent at an arbitration involving a commercial real estate dispute.
Tom Curry & Rebecca Jones June 24, 2001
2363523 Ontario Inc v Nowack
Counsel on an appeal arising from a finding of contempt.
Tom Curry & Laura Robinson June 12, 2001
Sky Solar (Canada) Ltd v Marnoch Electrical Services Inc
Counsel to the claimant in an appeal of an arbitration decision relating to installation of electrical transformers.
Tom Curry June 2, 2001
Botiuk v Danyliw Estate
Counsel to the defendants in proceedings to recover an outst
ing judgment.
Tom Curry April 17, 2001
Mazzucco v Herer
Counsel to the successful defendant physicians in a jury trial of a complex medical malpractice action relating to a stroke following childbirth. Includes important interim ruling relating to deductibility of disability benefit.
Tom Curry & Rebecca Jones April 16, 2001
Ivanhoe Cambridge II Inc v The Regional Municipality of York
Counsel to the applicant in a judicial review application arising out of the decision of the Regional Municipality of York to modify
approve an official plan amendment for the City of Vaughan.
Tom Curry, Scott Rollwagen & Ian MacLeod April 11, 2001
Law Society of Upper Canada v Groia
Counsel to the Law Society of Upper Canada in the prosecution of a lawyer for professional misconduct. A three member panel of the Divisional Court affirmed the decision of an Appeal Panel of the Law Society of Upper Canada that found the lawyer had committed acts of professional misconduct. The Divisional Court also confirmed his penalty of a one month suspension
its $200,000 costs award in favour of the law society.
Tom Curry, Jaan Lilles, Andrew Porter & Laura Liu Brooksbank April 9, 2001
Moore v Getahun
Counsel on appeal for the defendant physician in a proceeding alleging negligence in the treatment of a fractured wrist. The Court of Appeal's decision provided important guidance on the role of counsel in the preparation of expert reports
the limits on the production at trial of information from an expert witness's file.
Tom Curry & Jaan Lilles April 8, 2001
Construction Arbitration
Counsel to a provincial government agency in an arbitration relating to a province-wide construction project.
Tom Curry & Andrew Parley April 3, 2001
Ontario Power Authority
Counsel to the Ontario Power Authority in relation to the review of the construction
relocation of two gas plants by the Ontario legislature's St
ing Committee on Justice Policy.
Tom Curry, Monique Jilesen & Andrew Parley April 1, 2001
Healthy Body Services Inc v Raytek Communications
Counsel to the plaintiff in the trial
appeal of an action to recover proceeds of fraud alleged to have been knowingly received by the defendants.
Tom Curry, Matthew B. Lerner, Brian Kolenda & Danielle Glatt March 31, 2001
Inukshuk Wireless Partnership v 4253311 Canada Inc
Counsel to the defendants in an action relating to an alleged breach of an agreement to convey radio wave spectrum licences.
Tom Curry, Lawrence E. Thacker, Matthew B. Lerner & Brian Kolenda March 24, 2001
Law Society of Upper Canada v Opara
Counsel to the Law Society of Upper Canada in a successful appeal of a decision concerning unprofessional conduct by a barrister.
Tom Curry, Jaan Lilles, Andrew Porter & Laura Liu Brooksbank March 22, 2001
Law Society of Upper Canada v DeMerchant
Counsel to the Law Society of Upper Canada in successfully defending a motion for production of prosecution documents on the basis of a claim of abuse of process.
Tom Curry, Jaan Lilles & Andrew Porter March 21, 2001
Ramsay v Panasonic Corporation
Counsel to a defendant electronics company in a proposed British Columbia class action relating to allegations of price-fixing in the market for capacitors.
Tom Curry, Monique Jilesen & Paul-Erik Veel March 10, 2001
Indcondo Building Corporation v Sloan
Counsel for defendants, Valerie Sloan
Cave Hill Properties Ltd., in a case relating to limitation periods for actions commenced under s. 38 of the Bankruptcy
Insolvency Act .
Tom Curry February 17, 2001
Kuefler v National Bank Financial Inc
Counsel to defendant underwriting syndicate in a securities class action.
Tom Curry, Monique Jilesen & Shara N. Roy February 13, 2001
Niagara Escarpment Commission v The Joint Board
Counsel for the successful respondent, Walker Aggregates Inc, in an application for judicial review of a decision of the Joint Board to grant conditional approval to Walker Aggregates to develop a quarry on l
that falls within the Niagara Escarpment Plan area.
Tom Curry & Ian MacLeod February 4, 2001
HSBC Bank Canada v Fuss
Counsel in an appeal from a trial judgment relating to the tort of unlawful conduct conspiracy.
Tom Curry February 3, 2001
Eppich v Boiron Canada Inc
Counsel to Boiron, a Quebec based company, in a class action alleging misrepresentations in the marketing of a homeopathic medicine product.
Tom Curry & Monique Jilesen February 2, 2001
Sazant v College of Physicians
Surgeons of Ontario
Counsel to intervener physicians in a constitutional challenge to a provision of the Regulated Health Professions Act .
Tom Curry, Matthew Sammon & Jaan Lilles January 12, 2001
Southcott Estates Inc v Toronto Catholic District School Board
Counsel for appellant/respondent on cross-appeal, Southcott Estates Inc., on an appeal to the Supreme Court of Canada regarding the duty to mitigate losses
the availability of the remedy of specific performance in a breach of contract action.
Read Lexpert's Significant Matters summary.
Tom Curry & Paul-Erik Veel December 24, 2000
Pastore v Aviva Canada Inc
Counsel for successful appellant on matter regarding the proper interpretation of the Statutory Accident Benefits Schedule of the Insurance Act
the scope of judicial review of decisions made in that context.
Tom Curry December 20, 2000
Law Society of Upper Canada v Coady
Counsel for the Law Society in the successful prosecution of a member for professional misconduct. The decision was affirmed on appeal by the Law Society Appeal Panel.
Tom Curry, Jaan Lilles, Matthew B. Lerner & Lindsay Beck November 23, 2000
The Superintendent of Bankruptcy v 407 ETR Concession Company Ltd
Counsel to 407 ETR before the Supreme Court of Canada in a division of powers case regarding the Bankruptcy
Insolvency Act .
Tom Curry & Andrew Parley November 8, 2000
Ontario (Attorney General) v Lee
Counsel for the appellant in an appeal relating to the forfeiture of a house under the Civil Remedies Act .
Tom Curry & Paul-Erik Veel October 26, 2000
Goodman v Viljoen
Counsel to the defendant physician in a compromised infant medical negligence action at trial
on appeal.
Tom Curry, Anne E. Posno & Rebecca Jones October 25, 2000
Khaiter v Human Rights Tribual of Ontario
Counsel for the Ombudsman of Ontario successfully opposing a motion to be added as a party to an application for judicial review.
Tom Curry & Paul-Erik Veel October 24, 2000
Law Society of Upper Canada v Ross
Counsel for the Law Society in an appeal from a Discipline Committee decision.
Tom Curry & Nina Bombier October 15, 2000
Toronto Police Association v Ontario (Civilian Commission on Police Services)
Counsel for the intervenors Toronto Police Services Board
Chief of Police on an application for judicial review of a decision of the Ontario Civilian Commission on Police Services regarding the investigation of a police officer.
Tom Curry September 7, 2000
Commissioner, Ontario Provincial Police v MacDonald
Counsel for Commissioner of the OPP in judicial review proceedings in the Divisional Court
Court of Appeal for Ontario relating to hearings under the Police Services Act .
Tom Curry September 6, 2000
Timpano v Hurst
Counsel to successful defendant general surgeon on a dismissal of an appeal
at the trial of a medical negligence action involving a patient who suffered post-surgical complications
died.
Tom Curry & Anne E. Posno August 19, 2000
Mendlowitz v Chiang
Counsel to an individual in a series of complex proceedings relating to the enforcement of a foreign judgment, bankruptcy,
contempt of court.
In the course of the proceeding, Lenczner Slaght was counsel to the defendant on several trials, motions,
appeals, including in what has become one of the leading cases on civil contempt.
Tom Curry, Anne E. Posno & Constanza Pauchulo August 17, 2000
UBS Securities Canada, Inc v S
s Brothers Canada, Ltd
Counsel on an appeal from a trial of an application to enforce an agreement to sell securities which were subsequently converted to shares of the TSX.
Tom Curry & Anne E. Posno August 6, 2000
Workentin v Hospital for Sick Children
Counsel to successful defendant pediatric surgeon at trial in a medical negligence action involving an alleged misdiagnosis of a bowel disease.
Tom Curry & Anne E. Posno July 9, 2000
Blue Star Trailer Rentals Inc v 407 ETR Concession Co
Counsel in a successful appeal, holding 407 ETR was permitted to charge tolls for transport truck trailers under the Highway 407 Act .
Tom Curry July 6, 2000
Precious Metal Capital Corp v Smith
Counsel in an appeal concerning the jurisdiction of the Court relating to a foreign mine.
Tom Curry July 5, 2000
Lester v Ontario (Racing Commission)
Counsel in an application for judicial review of an order of the Ontario Racing Commission finding that the Applicants had breached the Rules of St
ardbred Racing.
Tom Curry July 2, 2000
Law Society of Upper Canada v Canada (Attorney General)
Counsel on a motion to authorize a Law Society of Upper Canada Investigator to seize evidence from the RCMP. Raised issues of constitutitonal law.
Tom Curry & Rebecca Jones July 1, 2000
Re Metcalfe &Mansfield Alternative Investments II Corp
Counsel to a sponsor in wide ranging
innovative restructuring of asset backed commercial paper in Canada.
Tom Curry June 29, 2000
Ontario (Racing Commission) v Hudon
Counsel to the applicant in an application for judicial review from a decision of the Ontario Racing Commission concerning the admissibility of a confession.
Tom Curry June 28, 2000
Smith v Toronto Police Association
Counsel in application to declare the actions of a non-share capital corporation to be ultra vires the corporation's constitution. On appeal, the Court of Appeal affirmed that the actions were ultra vires .
Tom Curry & Dena N. Varah June 24, 2000
Vescio v Garfield
Counsel to successful defendant pediatrician at trial in a medical negligence action involving an alleged missed diagnosis of hyperbilirubinemia.
Tom Curry & Anne E. Posno June 18, 2000
Franklin v College of Physicians
Surgeons of Ontario
Counsel to a physician in a judicial review application concerning the jurisdiction of the Discipline Committee of the College of Physicians
Surgeons of Ontario to order payment of costs in certain circumstances.
Tom Curry June 14, 2000
Animal House Investments Inc v Lisgar Development Ltd
Counsel in an application involving a shareholder dispute in closely held company where the applicant was seeking a just
equitable winding-up.
Tom Curry & Dena N. Varah June 11, 2000
Crown Life Insurance Co v Canada Life Assurance Co
Counsel for the Canada Life Assurance Co in a dispute surrounding the interpretation of an indemnity provision in an agreement for purchase
sale.
Tom Curry June 9, 2000
Ferrara v Tabatabi
Counsel in an appeal concerning oppression remedy claims.
Tom Curry & Dena N. Varah May 10, 2000
Giroux Estate v Trillium Health Centre
Counsel to a physician in a medical negligence action, which included an appeal dealing the doctrine of fraudulent concealment
the limitation period applicable to claims by estates.
Tom Curry & Matthew Sammon May 7, 2000
Commercial Arbitration
Counsel in a successful arbitration to enforce an oral contract between partners of a closely held corporation.
Tom Curry & Shara N. Roy May 5, 2000
407 ETR Concession Co v Ontario
Counsel to the successful 407 ETR in an arbitration
appeal concerning the entitlement of the 407 ETR to raise tolls without the province's approval.
Tom Curry April 24, 2000
Berkshire Funding Initiatives Ltd v Trinity Capital Corp
Counsel in a proceeding opposing an injunction for breach of fiduciary duty
theft of confidential information.
Tom Curry March 22, 2000
Prendiville v 407 International Inc
Counsel to the defendant 407 ETR in a class action dealing with the payment of late payment fees alleged to have violated the Criminal Code.
Tom Curry March 21, 2000
Partnership Arbitration
Counsel to the largely successful law firm respondent at an arbitration involving a partnership dispute.
Tom Curry & Rebecca Jones February 27, 2000
Corsica Developments Inc v Richmond Hill Naturalists
Counsel to community organization on a request for review of an Ontario Municipal Board decision approving an Official Plan Amendment permitting residential development at the David Dunlap Observatory in Richmond Hill.
Tom Curry February 5, 2000
Law Society of Upper Canada v Neinstein
Counsel to the Law Society of Upper Canada in connection with appeals to the Divisional Court
Court of Appeal for Ontario on a professional discipline matter.
Tom Curry January 11, 2000
Karagiannis v Riapov
Counsel to the appellant Nicholas Danikas on the successful appeal of an order dismissing the action for delay.
Tom Curry & Robert Trenker
Saleh v Nebel
Counsel to the cross appellant Ludwig Nebel on the successful appeal of the trial judge's decision to deny costs to the successful defendant.
Tom Curry & Robert Trenker
