And the winners are…Fasken Martineau reports busy litigation docket in 2009

• Kerry (Canada) Inc. before the Supreme Court of Canada in Nolan v. Kerry (Canada) Inc.: Counsel in this landmark decision in favour of pension administrators. Lexpert ranked this as the top business case of 2009. Fasken Martineau's team comprised Ron Walker (Litigation), Christine Tabbert (Litigation), Peggy McCallum (Pensions) and Scott Rollwagen (Research).
• Gold Reserve before the Ontario Superior Court of Justice: Succeeded in obtaining an interlocutory injunction restraining Rusoro Mining Ltd. from proceeding with its hostile takeover bid. Robert Harrison led the litigation team, which also included Berkley Sells, Murray Braithwaite and Shelley Babin. Jon Levin and Chuck Higgins led the corporate team which provided corporate and securities law advice to Gold Reserve.
• Lakeside Steel Inc. before the Federal Court of Canada: Gained intervener status to argue that the Court should order US Steel to divest itself of US Steel Canada (formerly Stelco), in the event that US Steel is found to have breached the undertakings it gave to the Canadian federal government when it purchased Stelco. Fasken Martineau's team comprised Jeffrey Kaufman, Leslie Rose, David Wilson and Murray Braithwaite, as well as Daniel Cowper, an articling student.
• The City of Montréal in the Breslaw case before the Supreme Court of Canada: Acted for the City in a motion for authorization to institute a class action by the petitioner on behalf of taxpayers in the former cities that had amalgamated with the City of Montréal. The case focused on complaints about the tax increases resulting from the harmonization of the tax rolls. The Supreme Court dismissed the appeal in a unanimous decision. André Durocher represented the City.
• PricewaterhouseCoopers Inc. before the Supreme Court of British Columbia: Acting for the Receiver of Pope & Talbot Ltd., we obtained a precedent-setting ruling that the BC court has jurisdiction to determine the coverage of the Directors and Officers (D&O) policies issued by US insurers to the US parent company, and BC law governs the policies in relation to wage claims by BC employees against Canadian and US directors. Fasken Martineau's team comprised Richard Berrow and Kibben Jackson.
• Braydon Investments Ltd. before the British Columbia Court of Appeal: Leading case respecting a $20 million fraudulent conveyance claim in the JW Auto bankruptcy. Fasken Martineau's team comprised Robert Millar and Lisa Sulek.
• Le Soleil Hotel & Suites Ltd. before the Supreme Court of British Columbia: Counsel for the plaintiff in a hard-fought battle to control the management and ownership of an award-winning boutique strata hotel in Vancouver. Fasken Martineau's team comprised Andrew Nathanson and Brook Greenberg.
• The Bank of Nova Scotia before the Supreme Court of Canada: Acted for the bank, in this case which clarified the law governing forged cheques. Fasken Martineau's team comprised Geoffrey Cowper, QC, Brook Greenberg and Jenny Francis.
• Grant v. Torstar Corporation before the Supreme Court of Canada: Counsel to the appellants in this landmark case regarding the rights of mass media under defamation law. Also appeared as interveners in a companion Supreme Court case, Quan v. Cusson. Fasken Martineau's team comprised Peter Downard, Catherine Wiley and Dawn Robertson.
• Dr. Peter AIDS Foundation before the Supreme Court of British Columbia: Intervenor with respect to the constitutional division of powers issue in a case dealing with Insite, a safe injection site in Vancouver's Downtown Eastside. Andrew Nathanson represented the Dr. Peter AIDS Foundation.
• Xerox Canada Ltd. before the Supreme Court of British Columbia: Counsel for the plaintiff in a successful case involving termination damages for leased equipment. Kibben Jackson acted in this case.
• Wasteco before the Ontario Superior Court: Successful in gaining an injunction that prevented striking CUPE workers from obstructing access to the waste disposal and garbage collection firm's sites and vehicles. In an unusual move, the judge also ordered CUPE to pay legal costs. Fasken Martineau's team comprised Neal Smitheman, Tracy Pratt, Alix Herber and Sara Parchello.

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