Dispute resolution in Canada

Bennett Jones LLP maintains its longstanding position at the top of the market in Alberta, while in Ontario it is now an established high-stakes litigation counsel, and its Vancouver office is growing in litigation and is noted for its arbitration expertise too. The commercial litigation team in Calgary is coordinated by David Hawreluk and Michael Theroux, and their respective strengths in the oil and gas and wider energy sectors are reflected in a number of the practice’s recent cases. Munaf Mohamed QC is another key name in Calgary and his work has a strong emphasis on civil fraud and international asset recovery claims, and Blair Yorke-Slader stands out for his trial and appellate business and energy litigation practice. Laura Gill and Michael Mysak are both partners with bright futures in Alberta. In Toronto, high-stakes class actions featured in the 2020 standout matters; Cheryl Woodin and Michael Eizenga co-lead that practice, while overall practice head Richard Swan has led a range of litigation, mediation and arbitration proceedings. Robert Staley is a name to note for securities litigation. In the Vancouver office, David Gruber is a go-to contact; his corporate and commercial litigation experience encompasses shareholder and partnership disputes, breach of contract cases and securities matters.

The national dispute resolution practice at Blake, Cassels & Graydon LLP coordinates major, cross-province class actions, and also maintains focused regional practices, each of which fields experts in the industries most relevant to their respective markets. In Alberta, the team excels in construction disputes as well as those in the energy sector, a recent highlight seeing practice co-head Renee Reichelt and seasoned litigator David Tupper acting for Waterous Energy Fund in its hostile takeover of Osum Oil Sands. Michael Dixon jointly leads the team in Alberta with Reichelt, and Alyssa Duke is a further name to note in Calgary. In British Columbia, the firm regularly acts as counsel in complex commercial and corporate litigation, class action defence, domestic and international arbitration, and Indigenous and environmental claims. Joseph McArthur has experience litigating at all levels in Canada, including before the Supreme Court; his arbitration expertise is also of note, and he jointly leads the national arbitration practice. Sean Boyle's practice has an emphasis on business, securities and mining disputes, while Roy Millen acted for Lyft in the landmark litigation around its operations in British Columbia through 2020 and 2021. The multidisciplinary team in Toronto continues to act in a diverse range of significant litigation. Iris Fischer has particular experience in media, defamation, privacy and access-to-information cases, and she co-leads in Ontario with Catherine Beagan Flood, who has experience defending clients on both a local and national scale. Gordon McKee is noted for class actions, and Bradley Berg and Michael Barrack are also key contacts. Robert Torralbo is the managing partner in Montréal and renowned for defending class actions, and product liability, securities, banking and shareholder disputes. Litigation group head Francis Rouleau is another name to note, along with insurance litigation expert Matthew Liben. Recent partner appointment Ariane Bisaillon also stands out in Quebec.

Borden Ladner Gervais LLP‘s dispute resolution offering has a strong presence across the country, where it acts for a broad client base that includes multinationals and domestic heavy-hitters from a variety of industries. In Western Canada, the Calgary office is frequently engaged in commercial litigation and regulatory disputes in the energy and oil and gas sectors, with Randall Block a standout lawyer in that office, along with regional group manager Michael Marion. Class actions are among the strengths of the firm’s disputes group in Vancouver, where Brad Dixon was part of a cross-region team acting for the Bank of Nova Scotia in certified competition class action litigation relating to merchant acceptance fees in credit card transactions. Transportation law, environmental law and insurance claim defence are among the team’s other strengths in British Columbia; Robert Deane and Michelle Maniago have been particularly active in these areas and others recently. David Di Paolo heads the national dispute resolution group from the Toronto office and specializes in securities litigation, class actions and shareholder disputes, and senior counsel Guy Pratte, noted for his expertise in class actions and complex constitutional law, splits his time between Ontario and Quebec. A dedicated fraud law group distinguishes the Montréal office in the market, and it is also recommended for its strengths in bilingual class actions. Mathieu Piché-Messier and Patrick Plante are among the key contacts there.

According to one client, Dentons‘ dispute resolution service in Canada ‘delivers consistent and uncompromising quality and value‘. Offering the nationwide representation one would expect from the Dentons name, practitioners in Vancouver, Calgary, Edmonton, Toronto, Ottawa and Montréal assist with both national and region-specific disputes, while the wider global network makes the firm a popular choice for multinationals with cross-border conflicts. Mark Evans heads the national litigation and dispute resolution group from the Toronto office, where the firm has a strong presence in class actions. Matthew Fleming excels in that field, as well as securities litigation, product liability and regulatory cases. At the senior associate level, Ara Basmadjian is highlighted for his ‘creative litigation strategies‘. In Alberta, Gordon Tarnowsky has a distinguished practice in complex corporate, commercial and energy-sector disputes, while Rachel Howie is an experienced partner with a bright future, recently promoted from department co-lead to deputy lead for the national litigation and dispute resolution group. David Wotherspoon is a key contact in Vancouver, with 30 years of experience in a range of corporate and commercial disputes, as well as notable pro bono work. Emma Irving remains one to watch after her promotion to the partnership in February 2021. In Montréal, Margaret Weltrowska is a standout name in the market when it comes to class actions, and the office’s managing partner Claude Morency is another key name to note there, along with senior associate Erica Shadeed.

Fasken's dispute resolution offering is especially strong in British Columbia, where it remains among the market leaders. The team’s class action expertise is coming increasingly to the fore as more national class actions are hosted in the province; Andrew Borrell is a key contact in defending these, while practice co-lead Tracey Cohen leads on these as well as a range of the market’s most complex litigation cases. Geoffrey Cowper has extensive experience litigating before the Supreme Court and leads the national dispute resolution group, and associate Alexandra Mitretodis is frequently involved in cross-jurisdiction disputes. Laura Cooper chairs the Ontario group, where securities litigation is a particular strength, along with class actions. Sarah Armstrong is a name to note in that respect, and associate Rachel Laurion ‘is a very knowledgeable and skilled young lawyer‘ focused on product liability matters. Those lawyers are based at the Toronto office but the firm also has a small disputes team in Ottawa which acts in government-related matters. The Alberta team is based in Calgary and jointly led by Karen Wyke and Gulu Punia. Its expertise reflects the importance of the energy sector to the region, and Darren Reed comes recommended as a ‘top-notch litigator'. In Quebec, Frédéric Gilbert leads the practice group, with Marc-André Fabien a further key contact along with ‘exceptional lawyer‘ Vincent Cérat Lagana.

Gowling WLG is able to deploy teams of lawyers across Canada to act in a range of commercial disputes; the firm is praised for its ability to ‘pull in specialists throughout their organization as needed‘, drawing on the firm’s global presence, as well as its strength in IP litigation. In Alberta, the Calgary office has recently focused on the region’s emerging markets of renewable energy and agribusiness as well as environmental law. The team includes two standout younger partners: practice co-head Ricki Johnston, ‘a fabulous lawyer’ who is especially strong in investor loss claims; and Warren Foley, who has considerable extensive experience acting in energy-sector disputes. David Bishop jointly leads the litigation group and has experience across the range of disputes work in the market. Scott Kugler coordinates the national commercial litigation and class action practice groups from the Toronto office, which makes up the firm’s offering in Ontario, along with lawyers in Ottawa, Hamilton and Waterloo, where Sahil Shoor is the standout name, promoted to partner in January 2021. Aviation disputes, banking litigation, regulatory issues and white-collar criminal cases are among the team’s strengths, and it also boasts a significant francophone offering in the province. In Vancouver, Martin Palleson heads the advocacy department and handles commercial litigation, with an emphasis on corporate and insolvency and restructuring disputes.

Vancouver-based litigation boutique Hakemi & Ridgedale LLP represents clients in the region in a variety of disputes, with particular strengths in the mining industry and in private equity and investment-related cases. ‘Outstanding litigation lawyer‘ Tom Hakemi co-heads the practice with Lisa Ridgedale; both have practices focused on complex business disputes, including alleged breaches of commercial contracts, allegations of fraud, defamation and anti-competitive conduct.

Hunter Litigation Chambers in Vancouver acts in contentious cases involving a broad spectrum of practice areas and industries. The team features experts in various areas of law to cover large, multi-faceted matters, be it commercial disputes or class actions. Senior litigator Randy Kaardal QC is the name to note for labour and employment disputes, as well as other commercial litigation. The team features a number of lawyers with bright futures in British Columbia’s litigation arena: Claire Hunter QC has a broad civil litigation, public and administrative law and appellate practice with experience at all levels of court in BC, as well as the Supreme Court of Canada; Brent Olthuis represents individual and corporate clients in matters ranging from property ownership disputes to breach of contract and breach of privacy matters; and Ryan Dalziel QC’s general litigation practice has a focus on appeals and judicial reviews. In recent developments, Rebecca Robb was promoted to counsel in July 2021.

JSS Barristers is one of Alberta’s leading dispute resolution boutiques. Reflective of the leading cases in the market, the group is especially strong in the energy and natural resources sectors, though it also acts for clients across a range of other areas, including technology, pharmaceuticals and government entities. A recent highlight for Carsten Jensen QC came in the case of Nova Pole International v Permasteel Construction, where he successfully represented the former party in an appeal, an example of his expertise in the oil and gas sector, while Bryan Duguid is noted for construction disputes. Glenn Solomon QC is a key contact for corporate and commercial litigation, recently advising the Information and Privacy Commissioner of Alberta on a slew of matters. Kajal Ervin is a strong up-and-coming partner in class actions, and Cassandra Sutter is a standout name at the associate level.

Business law firm Lawson Lundell LLP has a presence across western and northern Canada, with a well-established, broad dispute resolution team in Vancouver, and a growing group in Calgary, which has been particularly active in the energy and telecoms sectors recently. Kinji Bourchier heads the Vancouver team and his varied practice covers complex commercial and civil litigation, with a focus on contractual disputes, environmental remediation claims, product liability claims, shareholder and transactional disputes, and business tort cases. Craig Ferris QC is a key lawyer in the British Columbia market; in 2020 he represented clients in both international and domestic arbitrations and in the British Columbia Supreme Court. In a Calgary office that is gaining traction in the market, Michael Donaldson has over 20 years’ experience with claims in Alberta’s electricity, petrochemical, and oil and gas industries, while practice head Shannon Wray is a commercial litigation expert with a focus on regulatory matters. Shannon Hayes is a notable junior partner; she is primarily engaged in energy and power industry disputes.

Lax O’Sullivan Lisus Gottlieb LLP is one of Canada’s premier dispute resolution boutiques, and its team houses ‘some of the most creative and tactfully aggressive lawyers in Canada‘. The group frequently represents clients in complex commercial disputes and public law cases at trial, arbitration and appellate courts across the country, and before the Supreme Court of Canada. One of the most significant recent cases for the Toronto-based team saw Rahool Agarwal and practice co-head Jonathan Lisus act as lead counsel to Zydus Pharmaceuticals as defendant in a class action against the world’s leading generic drug makers alleging anti-competitive behaviour, including participating in a price-fixing cartel. Heading the department alongside Lisus is Matthew Gottlieb, ‘one of the top litigators in the country‘. Paul Fruitman is another name to note, whose eclectic practice includes frequently acting for healthcare institutions and professionals in civil and regulatory proceedings. Shaun Laubman is among the firm’s future stars and is particularly active in real estate disputes, an area that is also among the strengths of fellow up-and-coming partner Nadia Campion. Andrew Winton was singled out for praise by clients and had a busy 2021 in insolvency and restructuring, shareholder and employment cases.

McCarthy Tétrault fields an impressive national dispute resolution practice, praised for its ‘exceptional bench strength and business advisory skills‘. It has one of Ontario’s leading litigation departments, which is renowned for handling precedent-setting matters, and appearing before all levels of court and tribunals across the country. A recent highlight saw the team defending Unity Health Toronto in its high-profile C$300m lawsuit with Zurich Insurance. This was co-led by the ‘exceptional‘ Sarit Batner, one of the Toronto office’s standout partners, where securities-focused R Paul Steep is another partner to note. Arbitration is also a strength of the team, and Junior Sirivar is a key contact in that respect, acting in international arbitrations, with sector strengths including mining, banking, telecoms and healthcare. The group in Vancouver is well known for its work in the mining and energy sectors, as well as in cases involving environmental law and Indigenous rights. Jill Yates leads the team there and heads the national class action group, while Michael Feder is a leading name in the market, ‘terrific both at trial and on appeal‘. The team looks to have a bright future ahead with Miranda Lam building a strong commercial litigation practice and expertise in the retail sector, and Aidan Cameron noted for construction and insurance coverage matters. Patrick Williams also stands out at the associate level. The practice in Quebec has gone from strength to strength, led by professional liability expert Steeves Bujold. Mason Poplaw and François Giroux frequently act as lead counsel on some of the province’s standout disputes, and the team is one of the market leaders for insolvencies and class actions. Michel Gagné and Isabelle Vendette are further key figures, as is Emmanuelle Poupart in medical law disputes. In Alberta, the team is led by Douglas Yoshida and other key contacts include expert in the natural resources sector Sean Smyth, and Kara Smyth who also has an impressive practice and was involved in a number of major cases during 2020 and 2021.

‘Powerhouse' Nathanson, Schachter & Thompson is the leading litigation boutique in British Columbia, fielding a team full of heavy-hitters in the market whose expertise covers the region’s major and emerging industries. The team’s recent caseload has included a number of disputes dealing with the duty of good faith in contractual performance, with Irwin Nathanson QC acting for Greater Vancouver Sewerage and Drainage District in an appeal concerning an arbitration award, which saw a favorable decision from the Supreme Court of Canada in February 2021. Stephen Schachter QC has taken key roles in some of British Columbia’s largest business disputes, and ‘outstanding litigator' Karen Carteri is well versed in commercial disputes spanning a diverse range of sectors. Peter Senkpiel is a key figure among the next generation of top counsel at the firm, while another name for the future is associate Caitlin Ohama-Darcus, whose general litigation practice has a particular focus on civil appeals, administrative law and the resolution of complex commercial disputes.

Based across six offices in Canada, Norton Rose Fulbright has a national dispute resolution offering that is especially strong in some of the more heavily regulated industries in the country, from transport and infrastructure to financial services, energy and natural resources. The team in Alberta is one of the leading practices in the province and has a ‘bench strength that is hard to match‘, with areas of expertise including Indigenous relations, insolvency, data privacy and major class actions. Securities and class actions expert Steven Leitl QC is a key figure. Also in Calgary is Lara Mason, who is highlighted as ‘efficient, detailed, and creative‘. The firm’s offering in Quebec remains one of the strongest in the province, acting for several major companies across the key industry sectors of finance; energy; mining; technology; transport and infrastructure; and life sciences. Senior figures Pierre Bienvenu and Jean Bertrand are both well respected in the market, and Sophie Melchers is also a key name, especially in securities litigation. In the Vancouver office, Daniel Bennett QC focuses on trial, arbitration, hearing and appeal work in commercial and administrative litigation, while Beth Allard is the name to note for construction disputes. Orestes Pasparakis and Linda Fuerst are among the leading litigators in Ontario. Allison Kuntz and Alan Merskey left the firm.

Toronto-based litigation boutique Paliare Roland Rosenberg Rothstein LLP handles the full gamut of business disputes and is highlighted for its ‘excellent legal analytical skills, resulting in a strategically-focused approach‘. Standout names include the vastly experienced Chris Paliare, who has a very broad practice, and Linda Rothstein, who excels in sensitive internal partnership disputes, complex class actions and professional misconduct proceedings. Senior counsel Megan Shortreed is another name to note; she has deep experience in corporate, commercial, employment, civil and estates litigation, as well as professional regulation.

Torys has a robust dispute resolution offering and excels in high-stakes litigation across Canada, with specialist practitioners in financial services, product liability and IP. It has an established client base of heavyweight companies in the country, including Rogers Communications, Stronach Consulting and MGM Resorts International, all of which have sought the team’s assistance in major recent cases. In Ontario, the team is one of the market leaders and is jointly led by Gillian Dingle, who focuses on civil litigation in the areas of corporate and securities law, and Linda Plumpton, who has extensive experience leading in bet-the-company litigation for domestic clients. Sheila Block is a well-respected trial and appellate counsel with a broad civil litigation practice, and Patricia Jackson is another key name in class actions and corporate and commercial litigation. Sarah Whitmore was promoted to the partnership in January 2021 and is an increasingly important figure in the Toronto team. ‘Outstanding litigator' Sylvie Rodrigue heads the firm’s broad Quebec offering, which is going from strength to strength and has seen a recent increase in data privacy cases as well as matters tied to the pandemic. Christopher Richter has expertise in transnational disputes and matters of private international law, and senior associate Marie-Ève Gingras assists across a broad range of cases.

‘A boutique law firm with outstanding lawyers', Woods LLP is a force in the Quebec market, fielding a team that excels across corporate and commercial litigation, arbitration and insolvency. Managing partner Caroline Biron has experience litigating before regional and national courts; she co-heads the group alongside Stephen Drymer, who focuses on international arbitration, and Sylvain Vauclair, the team’s go-to partner for insolvency and restructuring matters. ‘Great negotiator' Patrick Ouellet specializes in litigation and arbitration involving securities, telecoms, class actions, construction and shareholder disputes, and Marie-Louise Delisle is another key contact, focusing on securities, professional liability, public-private partnerships and class actions. The firm also has a number of less senior partners making names for themselves in the market: Louis Seveno covers a broad spectrum of high-stakes civil and commercial litigation and arbitration, while Alex Dobrota received client praise for his ‘unique, innovative and effective approach' in ‘resolving very complex business litigation and legal disputes'. Associate Laurence Ste-Marie has broad, high-level experience and is admitted to the Quebec, Ontario and Paris bars.