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 Rankings | Experience | Activities | Media


The National Litigation Group at Stikeman Elliott has earned a reputation as a market leader in Canada's largest business centres. Members of the group regularly act on a wide range of litigation relating to commercial contracts, class actions, securities, tax, competition/antitrust, product liability, intellectual property, professional negligence, directors' and officers' liability - including breach of fiduciary duty, defamation, insurance, real estate, insolvency, fraud, construction, employment, human rights, environmental and constitutional matters.


National & International Rankings

Stikeman Elliott's National Litigation Group is rated one of Canada's three top-tier business litigation practices in a recently released Lexpert report which also rates the firm's Montréal group as the top business litigators in that city.

  • Lexpert cited ten litigators (representing its Toronto and Montréal offices) in the 2007 Guide to the Leading U.S.-Canada Cross-Border Litigation Lawyers in Canada, with more lawyers listed in the Corporate Commercial, Class Action and Securities area than any other firm in Canada.

  • Lexpert has listed the Competition Tribunal's decision in the Lakeport/Labatt hearing as one of the Top 10 Business Cases of 2007. Three members of the group represented Lakeport.

  • The 2007 Canadian Legal Lexpert Directory cites Stikeman Elliott litigators among those recommended in the areas of Class Action, Corporate Commercial, Corporate Tax, Directors' and Officers' Liability, Competition and Securities. The Directory ranks three of the firm's Montréal litigators as "most frequently recommended": three in Corporate Commercial and one in the area of Directors' and Officers' Liability.

  • Three of the Group's litigators appear in Legal Media Group's The World's Leading Lawyers 2007, Expert Guide in the Litigation sector. 

  • Seven litigators (representing its Toronto and Montréal offices) were cited in the prestigious 2008 Guide to the 500 Leading Lawyers in Canada, a joint publication of The American Lawyer and Lexpert.

  • The 2008 edition of the Best Lawyers in Canada recognizes eight Stikeman Elliott practitioners for their work in Corporate and Commercial Litigation.

  • Internationally, six of the Group's litigators are listed and ranked in the Chambers Global Guide to the World's Leading Lawyers for Business 2008 in Dispute Resolution.

  • Four of the group's litigators are listed in the International Who's Who of Business Lawyers 2007.

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Experience at Every Level of Canada's Courts and Tribunals

Members of the Litigation Group are regularly retained to act in a wide range of proceedings, from injunction applications to complex trials and appeals at all levels of provincial and federal courts. Members of the group appear regularly before securities regulators, energy regulators, municipal boards, the Competition Tribunal, the National Transportation Agency, the CRTC (Canada's communications regulator), liquor licensing boards, human rights commissions, arbitration panels, commissions of inquiry and the governing bodies of various institutions and professional disciplines.

Regulatory Expertise

Stikeman Elliott is well-known for its expertise in providing regulatory advice in a range of industries. The firm acts regularly for clients in regulatory proceedings arising from both competition and securities investigations, as well as in a broad range of other regulated industries, such as electricity, telecommunications and transportation. We offer extensive advocacy experience before all levels of trial and appellate courts in Ontario, the Federal Court of Canada, and the Supreme Court of Canada, as well as various administrative tribunals, including the Competition Tribunal and the Ontario Securities Commission.

Trusted by Business

Members of the Litigation Group have acted as counsel to significant public and private corporations in a wide variety of sectors of the economy, major Canadian and foreign financial institutions, all levels of government (including provincial regulators), and a variety of charitable institutions. Members of the group have represented trustees, receivers, monitors, creditors or debtors in most of the major insolvency and restructuring matters that have arisen in recent years. Stikeman Elliott's appointment as Canadian legal representative for the Institute of London Underwriters testifies to its experience in insurance and negligence actions, from the defence of medical negligence claims to the prosecution of auditors' negligence suits.

Canada's Cross-Border Specialists

The Litigation Group has extensive experience with legal issues that transcend Canada's borders. Whether it is an international insolvency or the defence of a class action identical to one commenced elsewhere, Stikeman Elliott litigators have earned a reputation as cross-border specialists who work effectively with lawyers and experts from other jurisdictions. Recently, 10 of our group members were listed as Canadian leaders in Lexpert's Guide to the Leading U.S.-Canada Cross-Border Litigation Lawyers in Canada (November 2007). The firm has more lawyers listed in the Corporate Commercial, Class Actions and Securities area than any other firm in Canada.

Our Clients

Some of our litigation clients include:

  • Air Canada
  • Alstom Canada Inc.
  • Bristol-Myers Squibb Canada Inc.
  • Canadian Imperial Bank of Commerce
  • Canadian National Railway
  • Cogeco
  • Cybersurf Corporation
  • eBay Canada Inc.
  • EDS Canada Ltd.
  • ING Canada
  • Laurentian Bank of Canada
  • Liberty Mutual 
  • Lloyd's of London
  • Maritime Life Assurance Company
  • Mazda Canada Inc.
  • National Bank
  • National Grid plc
  • Nortel Networks Ltd.
  • Royal Bank of Canada
  • Sempra Energy Trading Corp.
  • Toronto-Dominion Bank
  • Transcontinental
  • Weyerhaeuser Company Ltd.
  • YBM Magnex

Helping Clients Avoid Unnecessary Litigation

Recognizing that most clients wish to avoid litigation, the Litigation Group regularly advises on the appropriateness of Alternative Dispute Resolution and on the different forms of ADR that should be considered. Members of the group can also advise clients on how to arrange their affairs to avoid litigation, before problems arise.

Involved in the Legal Community

The Litigation Group is a committed participant in Canadian legal education. Members of the group teach advocacy in the law schools of Queen's, McGill and Montréal Universities as well as École du Barreau du Québec. They have also served on several Canadian Bar Association's provincial continuing legal education committees and as directors of the Advocate Society. Many members have published articles on a variety of litigation and advocacy topics and have presented papers and spoken at national and international conferences.

Unsurpassed Service: On Budget, On Time

Stikeman Elliott's goal is to provide the best client service at a fair price, while observing the highest professional standards. The firm puts together teams that can work ably and efficiently, while maintaining continuity of advice and keeping to the client's budget and time requirements. Litigation clients benefit from the intellectual and technical resources of one of Canada's largest business law practices, including specialized litigation law clerks who can quickly organize documentation relevant to a client's file using Stikeman Elliott's customized document management software.

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Recent Group Activities

Toronto lawyer speaking at litigation conference
October 7 / Adrian Lang will be speaking on "Mareva injunctions and preservation of property" at the Law Society of Upper Canada's teleseminar, "The Urgent Hearing".

Advocacy group hosting arbitration seminar
October 16 / Stikeman Elliott's Advocacy Group will host a complimentary, half-day breakfast seminar called "Arbitration in Alberta: A comprehensive review of current issues of importance in domestic and international arbitrations" at the Palliser Hotel in Calgary. For more information, contact Teresa Ierakidis.

Litigation lawyer speaking at class action seminar
October 23-24 / Danielle Royal from the Toronto office will be speaking on "Recent Developments in Class Actions in Canada - A Year in Review" at the Quebec Bar Association's "Class Action Seminar: Recent Developments in Quebec, in Canada and in the United States" in Montréal.

2008 Trial Lawyer of the Year
Suzanne Côté, head of the Montréal Litigation Group, has been named "Trial Lawyer of the Year" by Le Monde juridique. She is the first woman to receive this honour. This prize was awarded to her by her peers in recognition of her outstanding talent as a trial lawyer. Ms. Côté became Fellow of the American College of Trial Lawyers in March 2005 and is featured in several Canadian and international legal resource guides.

Litigation Group successful in defeating certification motion in British Columbia
Stikeman Elliott's Litigation Group was successful in defeating certification of a proposed class action in British Columbia alleging price-fixing in silicon memory chips (known as DRAM). Click here to read more.

Gordon Food Service class action denied
A team led by Katherine Kay and Mark Walli successfully defended Gordon Food Service Inc. and GFS Company in a motion for certification of a proposed class action.

E-Discovery & Document WEBCAST Available
On December 11, 2007, Stikeman Elliott's Litigation and Technology Groups presented a seminar entitled E-Discovery & Document Management. Request a copy of the material.

Alstom successful in claim
The Firm obtained a favorable judgment for Alstom before Québec Superior Court, which ruled a call for tenders must be issued for the $1.2 billion contract for the replacement of Montréal Métro cars.

#1 in Cross-Border Litigation
Lexpert has named 10 Stikeman Elliott lawyers among Canada's premier cross-border litigators. The firm has more lawyers listed than any other firm in the Corporate Commercial, Class Actions and Securities area. 

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Media

Toronto lawyer speaks on Canada's class actions
During the AIG Canada product symposium, as covered in the May 2008 issue of Canadian Underwriter, Alan D'Silva spoke on how Canada's class action plaintiff bar is becoming more sophisticated as it adopts U.S.-style litigation practices.

Stikeman Elliott lawyer mentioned in Legal Post article
May 13 / Legal Post writes article on "Quebec plaintiffs OK in Ontario class action" covering recent Court of Appeal decision.  Adrian Lang represented Apotex Inc. in the appeal.

Litigation lawyer quoted on class actions
May / Adrian Lang was quoted in the article "Financial class actions on upswing in Ontario" that was published in Investment Executive.

Toronto lawyer quoted on Canadian class actions
Apr 18 / Alan D'Silva was quoted in the article "Canadian class action litigation beginning to resemble that of the United States" in Canadian Underwriter.

Class Actions Expertise profiled   
Toronto litigator David Byers is quoted in a National Post article on the proliferation of class action work in Ontario, which also highlights the firm's specialized expertise in the sector.

Pensions case headed to SCC
Partner Gary Nachshen is quoted in a Benefits Canada commentary, regarding the Supreme Court of Canada granting leave to appeal in the Kerry (Canada) Inc. pension plan case.

Credit card charges in class action spotlight
Partner Adrian Lang is quoted in a recent Investment Executive article on the approval of class action suits related to credit card charges brought against TD Bank and MBNA Bank.

Insurance litigation expertise featured in Lawyers Weekly
Alan D'Silva is featured in a front page article on the Supreme Court of Canada's tougher stance on the causation requirement in tort cases, following a recent precedent ruling which clarified conflicting interpretations by lower court decisions of an important insurance law issue.

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practices  
Specialty Areas
Contacts
Key Contacts

Montréal: Suzanne Côté
Toronto: David Byers
Ottawa: Nicholas McHaffie
Calgary: Lou Cusano
Vancouver: Hein Poulus Q.C.

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