Ren v. Eastern Platinum Limited

2023 BCSC 404

Simon Bieber and Chris Grisdale acted successfully for the shareholder of a South African mining company in obtaining leave to commence a derivative action. The respondent mining company argued that the proposed action had no prospect of success and was itself an abuse of process in the context of a complicated procedural history involving some of the same litigants. The British Columbia Supreme Court allowed the shareholder to proceed with its derivative action seeking damages for negligence and breach of fiduciary duty against certain of the mining company’s directors and officers.

Comfort Capital Inc. v Yeretsian

2023 ONCA 282

Jordan Goldblatt and Morgan McKenna were successful in a motion at the Court of Appeal for Ontario concerning the interpretation of leave to appeal rights in insolvency proceedings. The Court of Appeal agreed that their clients had a right to appeal under section 193(c) of the Bankruptcy and Insolvency Act, reversed the motion judge’s decision, and granted an extension of time for that appeal to be brought.

2650795 Ontario Inc. v. 2524991 Ontario Corporation et al

2023 ONSC 3139

Jordan Goldblatt and Cameron Rempel successfully moved for a stay of execution, staying enforcement of a $5 million final arbitral award pending resolution of their client’s oppression action, alleging that the opposing party’s oppressive conduct had precluded their clients from paying the underlying award. Such stays of execution for judgments enforcing final arbitral awards are exceptional and granted only in rare cases.

Duninger Corporation v. Montour

2023 ONSC 5152

Simon Bieber, Nathaniel Read-Ellis, and Alex Fidler-Wener represented the wholly successful plaintiff in this cross-border contractual dispute over unpaid invoices for electrical engineering services provided to a planned cannabis grow operation on the territory of the Pit River Tribe in California. The question at trial was who the counterparty to the contract was, and whether the defendant was liable for unpaid invoices absent direct communications or a signed contract bearing his name. The court concluded he was liable for the full amount claimed based on the existence of a partnership and agency principles.

4818106 Manitoba Ltd. v. Shindico Limited Partnership et al.

File No. CI 22-01-35153 September 21, 2023

Simon Bieber and Robert Trenker act for the plaintiff in an ongoing real estate partnership dispute proceeding to trial in the Manitoba. They were recently successful in obtaining an interlocutory injunction and preservation order—the first of its kind in a partnership context in Canada—that restrains the defendants from selling, encumbering, or leasing the properties they co-own with the plaintiff without the plaintiff’s prior consent.

10443204 Canada Inc. v. 2701835 Ontario Inc.

2022 ONCA 745

Simon Bieber and Robert Trenker acted for the successful appellants, setting aside a summary judgment decision that had held their clients liable for breach of contract. The Court of Appeal confirmed that the existence of an entire agreement clause and the opportunity to conduct due diligence do not preclude a claim for fraudulent misrepresentation.

Lyons v. TD Auto Insurance

2021 ONSC 6877, 2023 ONSC 1149

Jordan Goldblatt and Alex Fidler-Wener were class counsel in this successful class proceeding concerning an insurer’s denial of travel-related claims based on the availability of non-monetary credits from airlines and other travel providers during the initial days of the COVID-19 pandemic. The Court approved a multimillion-dollar settlement as in the best interests of the class.

Alectra Utilities Corporation v. Solar Power Network

2019 ONCA 254

Simon Bieber and Nathaniel Read-Ellis acted for successful appellants at the Ontario Court of Appeal in a decision concerning the circumstances in which a Court can set aside the decision of an arbitrator on the grounds of an absence of jurisdiction.

Human Logistics v. PAL Airlines Ltd.

2018 ONSC 7433

Nathaniel Read- Ellis was trial counsel in this case that considered issues of the enforceability of a contractual exclusion clause, and when liquidated damages clauses will be enforced.

Levine v. Kumer

John Adair acted for the Applicant shareholders in this oppression remedy claim in a family business. The Applicants were successful on every point in the litigation, resulting in a court-ordered buyout of their shares. The trial judge rejected the Respondent's evidence as not credible after cross-examination by our lawyers.

Vetro v. Canadian National Exhibition Association

2015 ONCA 87

Jordan Goldblatt successfully acted for the Canadian National Exhibition Association in this case considering the circumstances where a bankrupt can pursue civil proceedings.

Saskatchewan WTF Taekwondo Assn. Inc. v. Taekwondo Canada

2015 ONSC 2937

Jordan Goldblatt acted for seven provincial sports associations, members of Taekwondo Canada, who had been “unjustly frustrated” in their attempt to remove sitting Directors of that organization. The application resulted in the calling of a special meeting of members, where a dissident slate of Directors were elected.

Onex Corp. v. American Home

2014 ONSC 6918

Geoff Adair acted for Onex Corporation and recovered judgment after trial against American Home Assurance Co. for $15 million USD in this hard fought directors and officers liability insurance case.

DHMK v. Mund Real Estate Group Inc

2014 ONSC 2875 and 2014 ONSC 5064

Geoff Adair successfully defended this application in which a commercial real estate investor, the Mund Real Estate Group, sought specific performance with an abatement of the purchase price of a $5 million medical facility in Newfoundland. The firm's client was awarded damages in its cross application and substantial costs throughout.

Chapman v. Benefit Plan Administrators Limited

[2013] O.J. No. 3035 (S.C.J.)

Geoff Adair acts for the representative plaintiff Brian Chapman in this pensioners’ class action which was recently certified against defendant trustees, administrators and actuaries alleged to have been negligent in the administration of the Eastern Canada Car Carriers Pension Plan.

D.M. Drugs v. Bywater

[2013] O.J. No. 2486 (C.A.)

Geoff Adair was retained by trial counsel for several North Bay property owners to respond to an appeal by the insurer of the Parkview Hotel in a case arising out of a major fire in downtown North Bay, Ontario. Geoff was successful in having the Parkview Hotel’s appeal dismissed.

Lee v. 1435375 Ontario Ltd.

2013 ONCA 516

Jordan Goldblatt successfully appealed a motion judge’s decision that permitted a purchaser to resile from an agreement of purchase of sale on the basis of a perceived error in zoning.

Coventree Inc. Lloyd’s Syndicate

[2012] O.J. No. 2287 (C.A.)

Geoff Adair acted for Coventree Inc. in obtaining judgment for $5 million against the insurer for failure to pay the amount owing to the firm’s client under a directors’ and officers’ liability insurance policy. The insurer appealed to the Ontario Court of Appeal. Geoff successfully obtained a dismissal of the appeal and a dismissal of the insurer’s further attempt to seek leave to appeal to the Supreme Court of Canada.

Canadian Premier Life Insurance Co. v. Sears Canada Inc.

2010 O.N.S.C. 3834

Geoff Adair and John Adair acted for Canadian Premier Life Insurance Company in this complex contractual dispute with Sears Canada Inc. over the ownership of a valuable “book of business”. The decision cited above was at the time one of the leading cases in Ontario on then recent rule changes governing summary judgment motions. The action was ultimately settled.

Sokoloff v. Chorney

2023 O.N.S.C 362

John Adair and Rebecca Kennedy act for the defendants in this matter. They brought a successful motion to vary an injunction order based on litigation delay, securing a finding from the Superior Court that that the plaintiffs had been inordinately delayed in advancing their claim, and that the defendants had successfully “met the very heavy onus” on parties seeking to vary injunctive relief.

TriDelta Investment Counsel Inc. v. GTA-Mixed-Use

2022 ONSC 6106

Simon Bieber, Cameron Rempel, and Emma Parry act for the defendant general partners in this highly contentious dispute over three limited partnerships, each with an interest in non-party project companies that own development properties.
Bieber, Rempel and Parry successfully resisted the plaintiff limited partners’ motion for interlocutory injunctive relief against the defendants and various non-parties freezing the project companies’ assets and issuing CPLs on their properties.

TriDelta Investment Counsel Inc. v. GTA-Mixed-Use Developments GP Inc.

2022 ONSC 6695

Simon Bieber, Jordan Goldblatt, and Cameron Rempel secured a contested costs award, in the full amount sought, after successfully opposing a motion for various interlocutory injunctive relief.

Hussain v. Flora

2022 ONSC 4307

Simon Bieber and Rebecca Kennedy acted successfully for the plaintiffs in this dispute over the ownership of a Toronto property. They secured a trial decision in Superior Court recognizing the plaintiffs’ 50% interest in the disputed property, despite the absence of any documented agreement.

Dussault et al. v. Tong et al.

2022 ONSC 3866

Simon Bieber and Jordan Katz acted as repair counsel in an action relating to the breach of an agreement of purchase and sale for a residential property. They successfully resisted the defendants’ motion to permanently stay the plaintiffs’ action for failing to immediately disclose the plaintiffs’ settlement with co-defendants.

Bergmanis v. Diamond

2021 ONSC 2375

Jordan Katz acted for one of the respondent lawyers in this long-running arbitration related to the payment of referral fees between personal injury law firms. Katz successfully moved before the arbitrator to quash a summons against the lawyer on privilege grounds, and then successfully resisted the appeal of that decision.

Bergmanis v. Diamond

2021 ONSC 2375

Jordan Katz acted for one of the respondent lawyers in this long-running arbitration related to the payment of referral fees between personal injury law firms. Katz successfully moved before the arbitrator to quash a summons against the lawyer on privilege grounds, and then successfully resisted the appeal of that decision.

Chahine vs. CS Capital Limited

2021 ONSC 2832

Simon Bieber, Julia Wilkes, and Iris Graham successfully represented the defendants and plaintiffs by counterclaim in this protracted and hard-fought multi-issue trial between warring business associates, securing findings that various agreements and purported settlements were not binding and a sizable damages award for misrepresentation in relation to an undisclosed fee-splitting arrangement.

2538520 Ontario Ltd. v. Eastern Platinum Limited

2020 BCCA 313

Simon Bieber and Nathaniel Read-Ellis acted for the shareholder of a British Columbia mining company seeking leave to commence a derivative action on behalf of the company against its past and present directors, alleging breached fiduciary duties and negligence in relation to the company’s operations.

Molot v. Worldstrides Inc.

2022 ONSC 3899

Jordan Goldblatt and Alex Fidler-Wener were class counsel in successful class proceeding recovering the full value of claims against insurers arising from student trips cancelled due to COVID-19.

Lyons v. TD Auto Insurance

2021 ONSC 6877

Jordan Goldblatt and Alex Fidler-Wener were class counsel in this successful class proceeding concerning an insurer’s denial of claims based on the availability of non-monetary credits during the initial days of the COVID-19 pandemic.

RE.Max Realtron Inc. v. 2458313 Ontario

2021 ONCA 715, 2020 ONSC 570

Jordan Goldblatt obtained summary judgment for the defendant, successfully resisting the plaintiff’s claim for fees on a real estate transaction.

Singh v. Sharma

2021 ONSC 1379

Jordan Goldblatt was successful trial counsel in this case concerning whether our client was the proper owner of four commercial properties.

JSL Trust v. Razor Logic Systems Inc.

2020 ONSC 3603

Jordan Goldblatt moved successfully to strike an oppression claim against our client.

Dead End Survival LLC v. Marhasin

2020 ONSC 766

Jordan Goldblatt moved successfully for an order declaring that our client’s claims against the respondent bankrupt survived his discharge from bankruptcy, and accordingly his debt to our client remained owing.

Pierce v. Belows

2020 ONCA 41, 2019 ONSC 3014

Jordan Goldblatt obtained summary judgment for the defendant, successfully resisting the plaintiff’s claim for fees on a real estate transaction.

Robins v. 2758729 Ontario Inc.

2023 ONSC 4367

Jordan Goldblatt and Jordan Katz moved successfully to strike claims against their clients pled in conspiracy, intentional interference with economic relations, breach of privacy, champerty and maintenance.

Tomec v. Economical Mutual Insurance Company

2019 ONCA 882

John Adair and Michele Valenti were successful counsel for the appellants at the Ontario Court of Appeal in this decision that held that limitation periods for statutory accident benefits claims do not run until after the claim is discovered.

OZ Merchandising Inc. v. Canadian Soccer Association et al

2019 ONSC 5017

Jordan Goldblatt was successful trial counsel in this nine week trial alleging that various soccer organizations caused multi-million dollar losses to a professional soccer club. All claims again Jordan’s clients were dismissed.

Pierce v. Bellows

2019 ONSC 3104

Jordan Goldblatt brought a successful summary judgment motion on a claim that considered the circumstances where an equitable mortgage would be created by the conduct of the parties.

Amorosi v. Barker

2019 ONSC 4717

Jordan Goldblatt and Jocelyn Howell acted for a municipal affairs blogger who sought to have a defamation claim against him as a proceeding that limited free speech.

Law Society of Ontario v Leahy

2018 ONSC 4722

Simon Bieber and Alex Fidler-Wener acted for the Law Society of Ontario in obtaining an injunction preventing a lawyer from practicing law.

Resolute Forest Products Inc. v. Greenpeace

2016 ONSC 5398

Jordan Goldblatt successfully appealed a judge’s decision concerning the scope of pleadings in this $7,000,000.00 defamation claim. Jordan convinced the court that the impugned pleading would have the effect of transforming a civil claim into a broad ranging public inquiry.

Orr v. Metropolitan Condominium Corp. No. 1056

2014 ONCA 855

Our firm represented the successful appellant, Kelly Orr (Rainville), in this appeal to the Ontario Court of Appeal involving a claim for damages for negligent misrepresentation by MTCC 1056 and Brookfield in the issuance of an estoppel certificate to the plaintiff.

Longo v. McLaren Art Centre

2014 ONCA 526

John Adair successfully represented the plaintiffs in this appeal from a Superior Court decision dismissing the plaintiffs' claim. John satisfied the Court of Appeal that the plaintiffs had not missed a limitation period and that the summary judgment motion judge erred in finding that they had. The Court allowed the appeal and awarded costs to the plaintiffs.

Grenville Christian College v. Cavanaugh

[2012] O. J. No. 2293 (S.C.J.)

Geoff Adair acted for Grenville Christian College in defending this $400 million class action brought on behalf of former students.

Morris v. Johnson

2012 ONSC 5824

Jordan Goldblatt successfully acted for two residents of Aurora who had been sued for defamation by their mayor weeks before an election. The Court accepted that the litigation had been strategic litigation against public participation (“SLAPP”), and ordered the mayor to pay substantial indemnity costs to Jordan’s clients.

Crinson v. City of Toronto

[2010] O.J. No. 216 (C.A.)

John Adair was retained by the plaintiff’s trial counsel to appeal the trial judgment dismissing the plaintiff’s claim. John successfully overturned the trial resulted and obtained judgment in favour of the plaintiff. This was the first appellate case to consider new notice provisions in Ontario’s Municipal Act.

Vytlingam v. Citadel

[2007] 3 S.C.R. 373 (S.C.C.)

Geoff Adair acted for the appellant Citadel Assurance Company in successfully appealing this matter to the Supreme Court of Canada. The appeal resulted in a landmark decision establishing the ambit of use and operation of a motor vehicle as defined in all insurance policies.

John Doe v. Bennett

[2004] 1 S.C.R. 436

Geoff Adair acted for the appellant Roman Catholic Episcopal Corporation of St. George’s in this significant case addressing the issue of vicarious liability for intentional torts and the responsibility of an unincorporated association (the Roman Catholic Church) for such wrongs.

Farej v. Fellows

2022 ONCA 254

John Adair and Jordan Katz acted for a minor plaintiff and her family in this tragic case of medical negligence. They secured a finding from the Ontario Court of Appeal that the trial judge’s reasons for decision were deficient, and successfully overturned the trial decision dismissing the action.

Marion v. Louie

2021 BCSC 424

Cameron Rempel acted successfully for the plaintiff, obtaining a judgment for defamation, both general and aggravated damages, and a permanent injunction, all on a summary basis.

Stirrett v. Cheema

2020 ONCA 288

John Adair and Jordan Katz acted for a consortium of medical researchers who were granted intervenor status in this appeal regarding the scope and application of medical researchers’ duties to participants in medical research trials.

Mamado v. Fridson

2018 ONCA 806

John Adair and Jordan Katz acted successfully as appeal counsel for a plaintiff who had been injured in a motor vehicle accident. They secured a decision upholding the jury verdict in the plaintiff’s favour, defeating allegations of bias and misconduct by the trial judge and plaintiffs’ trial counsel.

Humphrey v. Mene

2022 ONCA 531, 2021 ONSC 2539

2021 ONSC 1376, 2021 ONSC 6179

2021 ONCA 520, 2019 ONSC 5017

2018 HRTO 548

Jordan Goldblatt was successful counsel for the Ontario Cycling Association in having a claim asserting discrimination in drug testing dismissed before the Ontario Human Rights Tribunal.

Middlesex London Health Unit v. The Corporation of the County of Middlesex

2018 ONSC 3229

Jordan Goldblatt and Julia Wilkes were successful in a judicial review that challenged the decision of a municipal county that had refused to provide its consent to a commercial transaction. Jordan and Julia were able to persuade the Court that the municipality had acted improperly.

Cricket Canada v. Syed

2017 ONSC 3301

Jordan Goldblatt was counsel to Cricket Canada in a successful application to set aside an arbitrator's award which proposed to direct members of a not for profit corporation in respect of corporate governance matters. The decision was the subject of a story in the Law Times published on August 14, 2017.

Re Jacks

SDRCC 17-0324

Jordan Goldblatt was successful in overturning a decision of a National Sports Organization who had initially denied an elite coach an opportunity to coach at an international championships.

Re Brown

SDRCC DT-14-0205 and DAT-15-0006

Jordan Goldblatt acted for an elite Canadian athlete in a doping tribunal hearing, both at the initial level, and on appeal. The case concerned the presence of trace amounts of a diuretic in out-of-competition testing, where the athlete had no explanation as to how the prohibited substance entered her body.

Trail Hall v. Inter-Cultural Neighbourhood Social Services

2010 HRTO 118

Jordan Goldblatt acted for Inter-Cultural Neighbourhood Social Services in regard to a claim that it had discriminated against a former employee under the Human Rights Code. After a full hearing, the application against Jordan’s client was dismissed.

Law Society of Ontario v. Jahromi

2022 ONSC 537

Jordan Katz acted for the Law Society of Ontario in obtaining a permanent injunction to restrain the respondent from engaging in the unauthorized provision of legal services.

Law Society of Ontario v. Lazi

2021 ONSC 6128

Jordan Katz acted for the Law Society of Ontario in obtaining a permanent injunction to restrain the respondent from engaging in the unauthorized provision of legal services.

Hinkkala v. Alberta Life Insurance Council

2021 ABQB 675

Cameron Rempel acted successfully for an insurance agent in appealing the Insurance Councils Appeal Board of Alberta’s lifetime revocation of the agent’s certificates of authority to provide insurance services in Alberta. Rempel secured a decision from the Alberta Court of Queen’s Bench overturning the Board’s revocation.

Law Society of Upper Canada v Dias

2019 ONSC 2700

Jordan Katz acted for the Law Society of Ontario in obtaining a permanent injunction to restrain the respondent from engaging in the unauthorized provision of legal services.

Law Society of Ontario v. Leahy

2018 ONSC 4722, 2018 ONCA 1010

Simon Bieber and Alex Fidler-Wener acted successfully for the Law Society of Ontario, both at first instance and on appeal, in obtaining permanent injunctions restraining the respondent disbarred lawyer from continuing to advertise and engage in the practice of law and provision of legal services.

Mathur v. His Majesty the King in Right of Ontario

2023 ONSC 2316

Nathaniel Read-Ellis acted for the intervener, Indigenous Climate Action, in this Charter challenge brought by seven young people challenging the Government of Ontario’s greenhouse reduction target set in the Cap and Trade Cancellation Act and Ontario’s Made-in-Ontario Environmental Plan. More details can be found here: https://ecojustice.ca/file/genclimateaction-mathur-et-al-v-her-majesty-in-right-of-ontario/.

Law Society of Ontario v Bey

CV-21-673069 July 25, 2023

Jordan Katz and Morgan McKenna were successful in securing a finding of contempt against an individual who provided legal services in Ontario without being licensed to do so. They were previously successful in obtaining an injunction prohibiting that individual from offering unlicensed legal services. In the contempt proceeding, the Ontario Superior Court of Justice found the individual to have breached that injunction order, and agreed that the appropriate penalty for the contempt was a custodial sentence of 12 days’ imprisonment.

R. v. Jarvis

2019 SCC 10

Alex Fidler-Wener acted for the intervener, the Women’s Legal Education and Action Fund (LEAF), on an appeal concerning the criminal offense of voyeurism and the question of whether teenage girls have a reasonable expectation of privacy in respect of their bodies while attending high school.

ETFO et al v. Her Majesty the Queen

2019 ONSC 1308

John Adair acted in this application challenging the constitutionality of certain changes to Ontario’s education curriculum on behalf of the Grand Council of Treaty 3 an area of approximately 55,000 square miles in Northwestern Ontario and Manitoba that includes 28 First Nations communities and is the historic home of the Anishinaabe Nation.

Tracy v. Iran (Information and Security)

2017 ONCA 777

John Adair and Gord McGuire successfully represented the plaintiffs in this claim to enforce a foreign judgment against the Republic of Iran under Canada's Justice for Victims of Terrorism Act. The case is the first terrorism claim to be litigated in Canada, and our clients were successful in obtaining an Order recognizing the foreign judgment and permitting execution against assets that Iran argued enjoy diplomatic immunity. The case involved significant novel issues in the areas of state immunity and diplomatic immunity, and received substantial media attention in both Canada and Iran.

Re Sampson

2015-2016

Jordan Goldblatt acted for the Society’s workers in an Coroner’s inquest into the death of a young person that considered examined Ontario’s child welfare system.

Re Baldwin

2014 CanLII 39082 (ON OCCO)

Jordan Goldblatt acted for workers of the Catholic Children’s Aid Society in an inquest into the death of young person killed by his grandparents.

Bennett v. Islamic Republic of Iran

2013 ONCA 623

John Adair, Gord McGuire and Khalid Janmohamed represent the plaintiffs in an action to enforce a judgment against Iran for supporting terrorism. Our firm obtained a Mareva injunction against Iran, the first injunctive relief ever in Canada against a foreign state and the first such use of the new Justice for Victims of Terrorism Act. We also successfully obtained a Mareva injunction over Iran’s diplomatic property, a matter involving complex issues of international law.

(Re) Sharpe

SDRCC 12-0179

Jordan Goldblatt was counsel for a former Olympic Medalist who had received a lifetime ban from sport following the Dubin Inquiry. Mr. Goldblatt’s client’s lifetime ban was overturned, and he is now a leading Canadian track coach.

Chiarelli v. Ottawa (City of)

2021 ONSC 8256

Julia Wilkes and Alex Fidler-Wener successfully represented the Integrity Commissioner for the City of Ottawa in an Application for Judicial Review brought by a City Councillor, challenging the Commissioner’s investigation and report on complaints of sexual harassment against the Councillor. Wilkes and Fidler-Wener were wholly successful in resisting the Councillor’s various grounds for review, including allegations of bias against the Commissioner and a challenge to his office’s jurisdiction.

R v. Jarvis

2019 SCC 10

Alex Fidler-Wener acted for the intervener, the Women’s Legal Education and Action Fund (LEAF), on an appeal concerning the criminal offense of voyeurism and the question of whether teenage girls have a reasonable expectation of privacy in respect of their bodies while attending high school.

Dennis v. Canada

2022 MBQB 72

Jordan Goldblatt is class counsel in this certified class proceeding concerning misfeasance in public office and breach of contract.