Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

About

This blog voices our perspectives on upcoming and decided appeals of interest to Canadian businesses and professions. It also comments on the impact of legal changes that may affect appellate procedure, and relates insights and best practices derived from our experiences handling complex appeals.

Our contributing bloggers include the following:

 

Hovsep Afarian‘s practice focuses on providing legal opinions and written advocacy in class actions, complex commercial disputes and insurance matters. Counsel in the Toronto office, Hovsep has prepared legal arguments in significant cases in the Supreme Court of Canada, the Ontario Court of Appeal, the Federal Court of Appeal, the Federal Court and the Ontario Superior Court of Justice. He has also served the Ontario Superior Court of Justice as a Judicial Research Lawyer and also as a Judicial Law Clerk. Hovsep received his BA (Hons.) (summa cum laude)  from York University in 1997 and his LLB from Osgoode Hall Law School.

Anthony Alexander‘s practice focuses on written advocacy and the provision of advice and opinions in the context of complex business disputes, class actions, intellectual property litigation, real property/environmental matters, corporate governance mandates, and financing and acquisition transactions. A partner in the Toronto office, Anthony received his BA (Hons.) and his MA from Queen’s University and his LLB from the University of Toronto.

Melissa Atkin maintains a general litigation practice with an emphasis on professional liability and contractual disputes, and is actively involved in pro bono work in the areas of criminal and refugee law. An associate in the Toronto office, Melissa obtained her BA (with high distinction) in Political Science and History from the University of Toronto, and her JD from the University of Toronto’s Faculty of Law.

Dina Awad is an associate in our Litigation Group in Toronto. She maintains a general litigation practice. Dina joined the firm in 2013 after clerking for the Honourable Justice Gauthier at the Federal Court of Appeal.

Laurie Baptiste maintains a general corporate commercial litigation practice. She has successfully appeared in chambers, trial and appeal matters before the Alberta Court of Queen’s Bench and in various regulatory matters before the Alberta Securities Commission. Laurie has assisted senior counsel with various matters at all levels of court, including the Alberta Court of Appeal and the Supreme Court of Canada. Laurie clerked for the Alberta Court of Queen’s Bench and the Alberta Court of Appeal.

Marie-Hélène Beaudoin practises commercial litigation; corporate law; professional liability; securities litigation; class actions; product liability; and appeals. She acts for many multinationals, which she advises in connection with large province-wide and nation-wide cases. Marie-Hélène is a member of the board of directors of the Young Bar Association of Montréal and serves as the chairperson of its Research and Legislation Committee. She has also appeared at several conferences concerning, among others, the provisions of the Code of Civil Procedure intended to prevent improper use of the courts.

Martin Boodman is a partner in our Litigation Group and Director of Research in Montréal. From 1983 to 1995, he was a full-time law professor in the Faculty of Law at McGill University. During this time he taught and published in the fields of security on property, comparative law, sale and law, and economics. Martin obtained his bachelor of civil law and his LLB from McGill University. He also received a doctorate from the Université de Paris (II).

Pierre-Jérôme Bouchard‘s practice focuses on class action, commercial litigation as well as medical liability. Prior to joining the firm, he completed an LLM at Columbia University and served as a clerk to the Honourable Justice Louis LeBel of the Supreme Court of Canada. From 2007 to 2010, Mr. Bouchard was an associate at Cravath, Swaine & Moore in New York, where he worked on a wide variety of litigation matters, including securities fraud, intellectual property, breach of contract, antitrust and bankruptcy proceedings, as well as regulatory investigations and arbitrations. He returned to McCarthy Tétrault in 2010.

Keegan Boyd maintains a general civil and corporate/commercial litigation practice. An associate in the Toronto office, Keegan obtained his B.Eng. degree in Mechanical Engineering from McGill University, his MBA from the Schulich School of Business, and his LLB from Osgoode Hall Law School. While attending law school, he participated in international exchanges to the Hebrew University in Israel and the National University of Singapore.

Brendan Brammall

Brendan Brammall practises general civil litigation and is an associate in the Toronto office. Previously, he was with a leading international law firm in New York and served as a law clerk at the Supreme Court of Canada. Brendan was a Commonwealth Scholar and holds a master’s degree in political philosophy from Oxford University.

Helen Burnett maintains a general civil and corporate/commercial litigation practice and is an associate in the Toronto office. In 2011, she obtained her JD from the University of Toronto. While attending law school, Helen received the Gowlings Prize in Corporate Finance and the Lang Michener Prize in Securities Regulation for outstanding academic achievement in advanced business law and securities regulation, respectively. Helen is a member of the Canadian Bar Association, the Ontario Bar Association and the Law Society of Upper Canada.


Timothy Chapman-Smith 
maintains a general civil and commercial litigation practice and is an associate in the Toronto office. He holds a BA (with Distinction) from Victoria College at the University of Toronto and his JD from Western Law. In 2012, Timothy completed a secondment at the Enforcement Branch of the Ontario Securities Commission.

Kate Findlay maintains a general litigation practice, with an emphasis on commercial litigation, class actions, contractual disputes and professional negligence. An associate in the Toronto office, Kate has represented a variety of clients including those from the financial sector, energy sector, construction sector, manufacturing and professional bodies. She is also involved in medical defence work on behalf of the Canadian Medical Protective Association in civil and disciplinary contexts. Kate received her BA (Hons.), with high distinction, from the University of Toronto, Trinity College; a Master’s of Public Administration from Queen’s University; and her JD from Queen’s University.

Timothy Froese is an associate with our Litigation Group in Calgary. He received his BA (High Honours) in Political Studies from the University of Saskatchewan and his JD (Great Distinction) from the University of Saskatchewan. Prior to law school, Timothy enjoyed a productive career with a manufacturer of pre-engineered buildings. While in law school, he was awarded the Law Society of Saskatchewan Gold Medal, the Thomas Dowrick Brown Prize for Most Distinguished Graduate, the Blakes Scholarship, and a number of other academic awards.

Geoff R. Hall

Geoff Hall‘s practice focuses primarily on corporate/commercial litigation, and he also has extensive experience in bankruptcy/restructuring litigation, constitutional and administrative law litigation. A partner in the Toronto office, Geoff has authored Canadian Contractual Interpretation Law, which has been cited numerous times by the courts including by the Supreme Court of Canada, as well as numerous articles. He is an adjunct professor at the University of Toronto Faculty of Law, where he teaches a course on contractual interpretation. He has been a guest speaker at numerous conferences and seminars. Geoff clerked for the Honourable Justice William Stevenson of the Supreme Court of Canada after graduating from the University of Toronto as a Silver Medallist.

Angela Juba

Angela Juba maintains a general litigation practice. An associate in the Vancouver office, Angela has previously clerked at the Supreme Court of Canada. She won several awards for legal writing, academic achievement and volunteerism while in law school.

Brandon Kain

Brandon Kain is the editor-in-chief of Canadian Appeals Monitor, and a co-founder of the McCarthy Tétrault National Appellate Litigation Group. His practice focuses on securities, competition and product liability class actions, complex business disputes, public law, written advocacy and opinions. A partner in the Toronto office, Brandon has appeared as counsel before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Ontario Superior Court of Justice. He is a contributing author of the 2nd Edition of Defending Class Actions in Canada, published by CCH, and has published articles in the Canadian Bar Review, the Canadian Business Law Journal, the Supreme Court Law Review and the Annual Review of Civil Litigation. He holds an LLB (Honours Standing) and an MA in philosophy from the University of Toronto.

Kosta Kalogiros maintains a general civil and corporate/commercial litigation practice. He received his JD from Osgoode Hall Law School. During his time at Osgoode Hall Kosta was awarded the Gurston Allen Prize in Conflict of Laws, the Cassels, Brock & Blackwell LLP Centennial Prize in Lawyering Skills, the Sir Jack Jacob Award in the Administration of Justice, the Scotiabank Group Prize in the Law of Estates, the WeirFoulds LLP Prize in Administrative Law, the Matthew Wilson Memorial Prize and the Stephen George Leggett, Q.C. Memorial Entrance Scholarship.

Atrisha Lewis is an associate in McCarthy Tétrault’s Litigation Group in Toronto.  She maintains a broad litigation practice and has a particular interest in complex corporate and commercial disputes.

Curtis Marble

Curtis Marble practises in a number of areas, including corporate and commercial litigation, international arbitration, contract and shareholder disputes and class actions. Curtis has also acted in energy and resource conflicts including subsurface trespass disputes and regulatory matters. Curtis is an active member of Volunteer Lawyer Services, which offers pro bono legal support to eligible charitable and non-profit organizations in Ontario. He holds an MA in international affairs from Carleton University, and clerked for the Alberta Court of Queen’s Bench.

Elder Marques

Elder Marques is co-editor of Canadian Appeals Monitor. He has a wide-ranging litigation practice that includes complex corporate and commercial disputes, class actions, medical malpractice and professional negligence cases. In addition to his commercial litigation practice, Elder regularly represents physicians before the courts and various regulatory bodies. He also represents both plaintiffs and defendants in defamation actions. Elder served as law clerk to the Right Honourable Beverley McLachlin, Chief Justice of the Supreme Court of Canada in 2005-2006. He is a former director of several not-for-profit organizations and currently serves on the boards of directors of St. Christopher House, a United Way agency, as well as the London Goodenough Association of Canada.


Larissa Moscu is an associate in the Toronto office and maintains a general civil and corporate/commercial litigation practice. In 2011, she obtained her JD from Osgoode Hall Law School, graduating in the top 2% of her class and receiving numerous academic awards. While in law school, Larissa served as an editor of the Osgoode Hall Law Journal and Osgoode’s legal blog. She is currently a member of the teaching team for the course “Lawyer As Negotiator” at Osgoode Hall. In 2011–2012, Larissa served as a law clerk to the Hon. Justice Andromache Karakatsanis at the Supreme Court of Canada.

Justin Nasseri is an associate in our Litigation Group in Toronto. He maintains a general litigation practice which includes commercial litigation and medical malpractice.

Mira Novek maintains a general litigation practice. An associate in the Toronto office, Mira received her BA magna cum laude in Social Studies from Harvard University.  She graduated on the Dean’s Honour List from McGill University’s Faculty of Law, obtaining degrees in both common law (LLB) and civil law (BCL). Mira received her master’s degree in common law (BCL) with distinction from the University of Oxford.

Carole Piovesan

Carole Piovesan, an associate in McCarthy Tétrault’s Litigation Group in Toronto, maintains a general litigation practice. Carole received her JD from Osgoode Hall Law School, her MSc in Social Policy and Planning in Developing Countries (with Distinction) from the London School of Economics and Political Science, and her BA in Political Science from McGill University.

Ronald Podolny

Ronald Podolny maintains a broad litigation practice that includes corporate and commercial, securities, class actions and medical malpractice matters. An associate in the Toronto office, Ronald has been published in The Advocates’ Quarterly, Canadian Business Law Journal, Lexpert, The Lawyers Weekly, and Global Insolvency & Restructuring Review. He is a member of the Young Leadership Council of the Toronto Symphony Orchestra. Ronald holds a JD from Osgoode Hall, where he received a number of academic awards, including the Bronze Medal.

Sam Rogers maintains a general civil and corporate/commercial litigation practice. An associate in the Toronto office, Sam received his JD from the University of British Columbia. While attending law school, he was awarded numerous prizes for academic achievement, participated in the Wilson Moot, and volunteered with the Law Students Legal Advice program. Sam also completed a co-op degree in Honours Computer Science at the University of Waterloo.

Marc-André Russell

Marc-André Russell has a practice in commercial and civil litigation, class actions, administrative law and medical malpractice. An associate in the Montréal office, Marc-André has co-authored several articles in the field of civil procedure and constitutional law. Marc-André received his JD from Queen’s University.

Byron Shaw

Byron Shaw has a general litigation practice including corporate and commercial litigation and medical defence work for the Canadian Medical Protective Association. An associate in the Toronto office, Byron was a law clerk for the Court of Appeal for Ontario. He is the co-editor of Irwin Law’s upcoming edition of Constitutional Law with Patrick J. Monahan and has written various articles that have been published by Cambridge University Press, the University of British Columbia Law Review and The Advocate.

Kirsten Thompson’s practice focuses on written advocacy and opinions, particularly in the areas of complex business disputes, health and biosciences, privacy, and technology. Counsel in the Toronto office, Kirsten drafts arguments for use in the Supreme Court of Canada, all levels of the Federal, Ontario and Quebec courts, administrative tribunals and commercial arbitrations. Kirsten regularly speaks and writes on substantive matters of law and procedure, as well as being a regular contributor to a variety of legal and popular magazines. She received her LLB from Queen’s University and her LLM from Osgoode Hall Law School.