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McCarthy Tétrault Recognized by Lexpert in Four of the Top 10 Business Decisions

Lexpert has released its list of 2019 and 2020 Top 10 Business Decisions. McCarthy Tétrault is pleased have appeared on behalf of clients in four of the Top 10 cases. This widely-anticipated annual list is a trusted guide to the year’s most impactful court decisions in Canada, which are ranked based on a comprehensive analysis of prevailing economic and regulatory conditions.

“Our clients trust us to provide exceptional service and outstanding legal counsel on their most important matters. This is why McCarthy Tétrault acts on so many of Canada’s most significant cases each year,” said Caroline Zayid, the Firm’s national litigation practice group leader. “Our firm is known for taking the lead in high-profile, precedent-setting litigation before all courts in the country. We’re grateful to our clients for trusting us to represent them. Congratulations to all firm members who worked on these recognized cases.”

McCarthy Tétrault’s lawyers and professionals represented clients in the following cases, all of which were argued before the Supreme Court of Canada:

  1. Administrative Law Trilogy: Bell Canada v. Canada (Attorney General), National Football League. v. Canada (Attorney General), 2019 SCC 66; and Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
    In a trio of Administrative Law cases presented and decided in tandem, the Firm represented Bell and the NFL, and Advocates for the Rule of Law as intervener. The SCC’s highly-anticipated decision provides lower courts with much-need clarity and guidelines around the standard of review, in particular which standard of review to use, and how to apply it to the decision making process. Bell Canada and the NFL were represented by Steven Mason, Brandon Kain, Joanna Nairn, Richard Lizius, and James S.S. Holtom. Advocates for the Rule of Law was represented by Adam Goldenberg.
  2. Railway Association of Canada (“RAC”) in a reference case regarding regulation jurisdiction under the Environmental Management Act, 2020 SCC 1
    Nicholas Hughes, Emily MacKinnon, and Kevan Hanowski successfully represented RAC in a case regarding the scope of British Columbia’s jurisdiction to regulate the interprovincial movement of heavy oil by pipeline and rail. Our litigators appeared before both the British Columbia Court of Appeal and the Supreme Court of Canada.
  3. 9354-9186 Québec inc. v. Callidus Capital Corp.
    Jocelyn Perreault led a team representing an unsecured creditors’ group before the Supreme Court of Canada in precedent-setting litigation surrounding litigation funding in CCAA proceedings and creditors' voting rights on plans of arrangement.
  4. TELUS Communications v. Wellman, 2019 SCC 19
    Brandon Kain led a team that included Adam Goldenberg and Ljiljana Stanic, representing the Canadian Chamber of Commerce, as intervener, in a case that ruled that business customers must abide by arbitration agreements and cannot join consumer class actions, and courts do not have discretion to decline to enforce arbitration agreements between businesses, and that limited court intervention in arbitration matters is a fundamental principle of arbitration law.

The Firm also received Honourable Mention in the Chandos Construction Ltd. v. Deloitte Restructuring Inc. case, a dual contracts/insolvency law matter that addressed the applicability of Canada’s anti-deprivation rule. The decision will have a significant impact on the processes followed for future commercial disputes. Sean Collins led the team that represented the Insolvency Institute of Canada, as intervenors.

About McCarthy Tétrault

McCarthy Tétrault LLP provides a broad range of legal services, advising on large and complex assignments for Canadian and international interests. The firm has substantial presence in Canada’s major commercial centres as well as in New York City and London, UK.

Built on an integrated approach to the practice of law and delivery of innovative client services, the firm brings its legal talent, industry insight and practice experience to help clients achieve the results that are important to them.

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For further information, or to request an interview with a McCarthy Tétrault lawyer, please contact:

Alley Adams
Senior Manager, Communications
+1 416-601-7928
[email protected]