Strategic solutions to complex corporate challenges

 

Kushneryk Morgan is a boutique law firm in Toronto with expertise in corporate commercial litigation and arbitration, securities and other regulatory enforcement matters, special situations and crises, and internal investigations and risk management.

the team

Susan Kushneryk

PARTNER

Susan works with businesses to find practical solutions to their legal issues. She has prosecuted securities fraud and has acted as counsel in complex, high-value capital markets litigation, including class actions. Susan has conducted investigations of a range of alleged wrong-doing in public and private corporations. She has advised and litigated on behalf of boards, special committees and audit committees in a range of special situations.

Susan has appeared before the Supreme Court of Canada, all levels of court in Ontario, the Federal Court of Canada, the Alberta Courts of Appeal and Queen’s Bench, the Ontario Securities Commission, the Investment Industry Regulatory Organization of Canada, the Ontario Energy Board and other administrative tribunals. Susan appeared before the Senate of Canada Standing Committee on Banking, Trade and Commerce in connection with amendments to the Canadian Business Corporations Act.

Susan was a member of the litigation departments at Fraser Milner LLP and Torys LLP. She subsequently worked as enforcement counsel at the Ontario Securities Commission and at the Investment Industry Regulatory Organization of Canada. Susan served on the staff of two Attorneys General of Ontario. Most recently, Susan was a partner at the boutique law firm, Hansell LLP, focusing on matters of corporate governance. She speaks regularly on issues regarding capital markets disputes and matters of corporate governance. She has taught the administrative law course at the University of Toronto, Internationally Trained Lawyers Program. Susan was a member of the Ontario Securities Commission Securities Proceedings Advisory Committee.

Susan obtained her law degree from the University of Toronto and a degree in philosophy from the University of Winnipeg. She has also completed the Canadian Securities Course. Susan was called to the bar in Ontario in February 2002.

Susan Kushneryk
647.317.1526 ext. 1
[email protected]

Eric Morgan

PARTNER

Eric helps businesses resolve their complex legal disputes. He practices corporate commercial litigation and arbitration. He has acted in complex, multi-party disputes involving contractual issues, torts including professional negligence, class actions, corporate governance matters, shareholder disputes, and commercial and investor-state arbitrations.

Eric has appeared as counsel before the Supreme Court of Canada, courts at all levels in Ontario, courts in BC, Alberta and New Brunswick, and in arbitrations and mediations. He has also made submissions to the Ontario Legislature regarding arbitration legislation and advised clients on anti-corruption and risk management matters. Eric is the author of a book on professional negligence, a book chapter on dispute resolution in Canada and numerous articles. Eric sits on the advisory board of Young Canadian Arbitration Practitioners, where he co-chaired the Policy and Advocacy Committee. He was previously a North American representative for the ICC Young Arbitrators Forum. 

Eric previously practiced in the litigation department of Osler, Hoskin & Harcourt LLP and was a partner at a boutique firm in Toronto. Before joining Osler, Eric worked at Freshfields Bruckhaus Deringer LLP in London, during which time he was seconded to the Bank of England and the litigation and special investigations team of Barclays Bank plc. He also taught criminal law at Oxford University.

Eric obtained his law degree from Oxford University and a degree in economics from the University of Toronto. He was admitted to the Ontario bar in 2011.

Eric is available to act as an arbitrator in disputes. He was selected as a member of the inaugural NextGen Roster of Arbitrators at Arbitration Place and has been appointed to the Vancouver International Arbitration Centre’s panels of arbitrators.

Eric Morgan
647.317.1526 ext. 2
[email protected]

Sandeep J. Joshi

PARTNER

Sandeep combines technical legal expertise, practicality, and strategic risk management to solve complex legal and business problems. He draws on his unique experience having practiced as both external and internal legal counsel to offer pragmatic and results-oriented solutions. He is an accomplished investigations, regulatory defence, litigation, and crisis response lawyer.

Sandeep is highly skilled at handling business-critical situations and helping clients manage multi-faceted risks during a crisis. He specializes in leading independent, internal investigations into a wide array of alleged individual and corporate misconduct cases, representing clients facing regulatory investigations and enforcement proceedings, and helping clients manage litigation risk. Before joining KM, Sandeep was the Head of BMO Financial Group’s Canadian Corporate Investigations team and Associate General Counsel. He conducted and oversaw independent, internal investigations across Canada into all alleged isolated or systemic individual or corporate misconduct cases, including workplace policy and Code of Conduct breaches, workplace harassment and violence, statutory and regulatory breaches, and serious criminal activity. Sandeep previously led BMO’s Canadian regulatory legal team and was responsible for interacting with securities, privacy, consumer protection, competition, law enforcement, and other government agencies, submitting breach reports, responding to regulatory investigations and related enforcement, and providing proactive compliance advice. He was also a senior member of BMO’s Canadian litigation team after having practiced in the national litigation departments at Torys LLP and Osler, Hoskin & Harcourt LLP for over a decade. Upon returning to private practice, he most recently practiced at Tyr LLP, a boutique litigation firm where he was the Head of the Investigations and Regulatory Defence Group.

In his career, Sandeep has gained significant experience investigating and litigating across multiple subject areas, including commercial matters, securities disputes, competition and consumer protection issues, privacy and data breach situations, employment and human rights claims, as well as class actions. Sandeep has a national legal practice. He is licensed in both Ontario and Alberta and has litigated cases before the Courts of both provinces, the Federal Court of Canada, the B.C. Supreme Court, and numerous administrative tribunals, including the Competition Bureau, provincial securities commissions, the Mutual Fund Dealers’ Association, the Investment Industry Regulatory Organization of Canada, the Financial Consumer Agency of Canada, and the Office of the Privacy Commissioner.

Sandeep regularly speaks on issues related to investigations, regulatory defence, and class actions. He was named Lexpert Rising Star: Leading Lawyers Under 40 in 2019, and a Future Star by Benchmark Litigation Canada in 2022.

Sandeep Joshi, Partner, Kushneryk Morgan LLP
Sandeep J. Joshi
647.317.1526 ext. 4
[email protected]

Karen Galpern

COUNSEL

Karen is a problem solver with a focus on providing practical bottom line advice and opinions on complex legal issues that arise in special situations, corporate governance, litigation, corporate restructurings, financing transactions, and mergers and acquisitions.

Karen has practised as an Ontario lawyer for almost thirty years. She has extensive experience advising corporations, financial institutions, regulatory and other public entities and their boards on a broad range of legal issues.

Karen commenced her legal career at Osler, Hoskin & Harcourt LLP and continued her practice as a partner at Norton Rose Fulbright Canada LLP (formerly, Ogilvy Renault LLP), where together with a colleague, she built that firm’s research team. At Norton Rose Fulbright Canada LLP, Karen was a member of the special situations team and advised on numerous proxy battles, sophisticated securities disputes, and other strategic transactions. On her retirement from Norton Rose Fulbright Canada, Karen joined Hansell LLP as a partner where she continued her practice. In addition to providing advice on legal issues, Karen worked extensively on updating a significant text on the law and practice of directors and officers in Canada. She has published articles on diverse issues and is a contributor to the insolvency section of the LexisNexis Practice Advisor.

Karen obtained a civil law degree and a Diploma of Legal Practice from the University of Glasgow (Scotland) and a common law degree from the University of Western Ontario. Prior to studying law, Karen obtained the degree of M.A. (Hons) in history and sociology from the University of Glasgow. She was admitted to the Ontario Bar in 1993.

Karen Galpern Toronto Lawyer with Kushneryk Morgan

Karen Galpern
647.317.1526 ext. 5
[email protected]

Andrew Tebbi

ASSOCIATE

Andrew leverages his strong foundation in corporate and financial matters and a practical perspective in his commercial dispute resolution practice. He is developing a broad dispute resolution and litigation practice focus on commercial and corporate governance matters. Before joining KM, Andrew worked in the litigation group at Blake, Cassels & Graydon LLP.

Andrew was admitted to the Ontario bar in 2021 after graduating from Osgoode Hall Law School, where he received several academic and extracurricular awards. During law school, Andrew was a licensed Small Claims Court mediator, served as an adjudicator on Osgoode’s Academic Discipline Tribunal, and placed second in the national Davies Corporate/Securities Appellate Law Moot.

Andrew Tebbi, Toronto Lawyer, Kushneryk Morgan LLP

Andrew Tebbi
647.317.1526 ext. 6
[email protected]

 

 

Kushneryk Morgan helps businesses resolve their most difficult legal challenges and disputes.

Our Practice

Corporate Commercial Litigation and Arbitration

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KM acts as counsel to clients in a range of corporate commercial disputes including shareholder disputes, oppression and derivative actions, corporate governance matters (including director and officer liability), class actions, negligence claims, contract disputes, commercial and investor-state arbitrations and appeals.

 

Securities and Regulatory Enforcement

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KM acts for clients in securities litigation and enforcement matters. We have appeared as both defence counsel and enforcement counsel before the Ontario Securities Commission and the Investment Industry Regulatory Organization of Canada. We leverage our past experience inside these regulators to seek the best outcomes for our clients.

Special Situations and Crises

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KM acts as independent counsel to special committees, boards, chairs, individual directors and officers, and shareholders in special situations and crises. These include board disputes, proxy fights, shareholder campaigns, allegations of wrongdoing and regulatory investigations.

 

Internal Investigations and Risk Management

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KM helps clients take a proactive approach to their business issues. We conduct internal investigations with thoroughness, strategic thinking, discretion and sensitivity. We also advise clients on their risk management strategies and policies.

General Inquiries

t.  647.317.1526
f.  416.907.1536
e. [email protected]

Susan Kushneryk
t. 647.317.1526 ext. 1
e. [email protected]

Eric Morgan
t. 647.317.1526 ext. 2
e. [email protected]

Sandeep J. Joshi
t. 647.317.1526 ext. 4
e. [email protected]

Karen Galpern
t. 647.317.1526 ext. 5
e. [email protected]

Andrew Tebbi
t. 647.317.1526 ext. 6
e. [email protected]

Location

Address
200 Bay Street, North Tower
Suite 1200, P.O. Box 96
Toronto, Ontario M5J 2J2