Darryl R. Ferguson

Darryl R. Ferguson

Darryl R. Ferguson is a partner in our Litigation Group in Toronto. He joined the firm in 1992, and since that time has acted as counsel in the conduct of trials and appeals in a broad range of cases at all levels of Ontario Courts and administrative tribunals. Mr. Ferguson has experience in class actions, commercial and business disputes, administrative law, judicial review proceedings and professional liability.

He has acted in a number of complex class actions. Mr. Ferguson represented SNC-Lavalin Group Inc. and related companies in the defence of class action proceedings arising out of the Bre-X Minerals Inc. stock fraud. SNC-Lavalin Group Inc. was successful in its opposition to certification of a proposed class action on behalf of current and former shareholders of Bre-X. Mr. Ferguson also represented Her Majesty the Queen in Right of Ontario in highly publicized class action proceedings arising out of the widespread contamination of the municipal water supply in Walkerton, Ontario.

Mr. Ferguson represented Highway 407 in class action proceedings concerning late payment penalties charged by Highway 407 to its users. He also acted on behalf of two physicians in a class action proceeding concerning psychiatric care provided to patients of the Mental Health Centre Penetanguishene in the 1960s and 1970s.

Mr. Ferguson currently is part of a team representing Enbridge Pipelines Inc. in ongoing class action proceedings concerning alleged damages suffered by agricultural landowners. He also acts for Bell Canada in ongoing class action proceedings concerning residential wireline phone services, and for Bell Mobility in ongoing class action proceedings concerning wireless phone services. In addition, he is also part of a team representing Johnson & Johnson in ongoing class action proceedings, concerning defects in SureStep blood glucose monitors and test strips.

Mr. Ferguson has acted in litigation involving shareholder oppression claims, business disputes and securities commission matters. He acted for NCR Canada Ltd. and NCR Corporation in defence of an oppression claim involving one of its software joint ventures. He represented MMMuffins Canada Corporation in injunctive proceedings involving a franchisee. He has represented a private wireless technology corporation in Mareva injunctive proceedings against several former key employees. He has also represented publicly-traded companies involved in securities commission investigations and proceedings.

Mr. Ferguson currently acts for BCE Inc. in a US$1.25 billion lawsuit commenced by a lending syndicate of 22 banks and financial institutions arising out of the failure of Teleglobe Inc. He has also acted for Molson Coors Brewing Company in an action concerning its license to brew and sell Miller Brewing Company's beer brands in Canada.

Throughout his career, Mr. Ferguson has been engaged in professional liability actions. He has acted and continues to act on behalf of the Canadian Medical Protective Association in the defence of physicians and surgeons in claims based upon medical negligence, as well as contested disciplinary and fitness to practice hearings before the College of Physicians and Surgeons of Ontario, and in other proceedings such as criminal trials and inquests. He has acted on behalf of KPMG in the defence of auditor liability claims and has conducted prosecutions in disciplinary hearings of the Society of Management Accountants of Ontario.

Mr. Ferguson received his B.Comm. with distinction from the University of Saskatchewan in 1986, and his LLB from the Osgoode Hall Law School in 1990. In 1990 - 1991, he was law clerk to the Chief Justice of the Court of Queen's Bench in Saskatchewan. He was called to the Saskatchewan bar in 1991, and the Ontario bar in 1992. In 2007, he received an inter-jurisdiction practice permit allowing for his practice of law in Alberta. He has been awarded a "BV Rating" by LexisNexis Martindale-Hubbell for demonstrating, in the eyes of his peers, the highest professional and ethical standards and legal abilities.