Dispute Resolution and Litigation

KM focuses on providing practical, effective, and strategic legal advice, and solving disputes from the boardroom to the courtroom. Our client-centric approach means partnering with our clients to effectively understand and achieve their objectives while mitigating multi-faceted risks.

We work with our clients to get to the core of the real issue and understand that formal legal proceedings are only one tool to resolve that real issue. We have extensive experience in complex commercial disputes, corporate governance issues (including director and officer liability), securities and shareholder conflicts, and competition and consumer matters.

Representative Experience

Our lawyers have been involved in a variety of high-stakes disputes and represented:

Corporate Governance and Shareholder Disputes

An officer and shareholder in defending third party claims totaling more than $900 million for breaches of statutory and fiduciary duties, breach of the duty of good faith, and oppression in connection with the failure of a prominent construction company.

A former director in defending claims for breaches of statutory and fiduciary duties, negligence, oppression, and conspiracy in connection with the failure of a prominent investment fund manager and related investment funds.

The Real Estate Council of Alberta in a dispute with a former council member regarding council member misconduct, council member removal, board governance, and related issues.

The former Chief Executive Officer of a mining company regarding his removal from senior management and board positions.

A co-founder of a start-up consumer company in a dispute with another co-founder over ownership and control of the company.

A limited partner in a dispute regarding voting rights and liquidation.

A serial entrepreneur regarding a board dispute and disclosure issue that involved injunction proceedings and a class action.

Directors, officers, and companies in court and arbitration proceedings related to various shareholder disputes.

Independent directors of Pace Financial Limited and First Hamilton Holdings Inc. in connection with issues related to the winding-up of Pace Securities Inc. and other parties.

Algoma Steel Inc. in successfully obtaining a dismissal of an application interfering with the scheduling of a shareholders’ meeting in the context of proposed corporate reorganization.

The Canadian Coalition for Good Governance as an intervenor on the issue of majority voting at the Court of Appeal for Ontario.

Commercial Disputes

Chevron Corp. in successfully defending a claim to enforce a $9.5 billion foreign judgment involving issues of corporate separateness and subsidiary governance.

ConocoPhillips Canada Resources Corp. in a successful multi-billion dollar “fast-track” arbitration involving a contractual dispute.

Canadian Natural Resources Limited in a commercial dispute regarding interests and obligations associated with the multi-billion dollar Horizon Oil Sands operation.

Manulife in the successful defence of a class action trial related to demutualization.

Sun Life in a proposed class action regarding complex contractual and statutory interpretation questions that was successfully defended in two novel test cases.

Tilray Brands, Inc. in insurance coverage disputes related to employee and third-party misconduct.

Magna Closures Inc. and its chief executive in defending a complex claim related to contractual/commercial issues, confidential information, and intellectual property.

Rogers Communications Inc. in defending breach of contract and tort claims.

Public and private companies, Crown corporations, directors, officers, and individuals in a wide range of complex matters (including class actions) involving commercial, employment, and human rights issues before various courts and administrative tribunals.

Financial services firms in defending professional negligence claims.

Competition and Consumer Litigation

United Airlines and related companies in defending proposed class actions alleging price-fixing under the Competition Act.

Ticketmaster Entertainment, Inc. and related companies in defending proposed class actions alleging civil conspiracy and unjust enrichment.

Imperial Tobacco Company in defending a multi-billion dollar claim for the recovery of health care costs.

Consumer products and pharmaceutical companies in defending individual consumer and class actions related to vehicles, beverage and cannabis products, pharmaceuticals, animal health products, and e-commerce marketplaces.