Bryan Finlay QC is the head of the firm's litigation practice. He is recognized as one of the top litigation lawyers in Canada. "Mr. Finlay, with his usual consummate skill..." (Ontario Court of Appeal) Toronto Dominion Bank v. Leigh Instruments Ltd. (Trustee of) (1999) 45 O.R. (3d) 417, at p. 419 Bryan's counsel practice is broad and has engaged the most complex commercial, constitutional, tort and public law issues. These have included issues of corporate espionage, spoliation, fraud, shareholder rights, directors and officers' responsibilities, financial reporting obligations, responsibilities and obligations of government and its various agencies, securities regulation, fiduciary obligations, defamation, policing, and competition law issues. Notable Mandates Acts as co-counsel for terminated General Motors dealerships in a class action, now certified, against General Motors Canada and a Toronto law firm. This action arises out of the restructuring of General Motors in Canada in which the Government of Canada was directly involved. Trillium Motor World Ltd v General Motors of Canada Limited et al, 2011 ONSC 1300. Acted for the successful estate trustee in the leading case on the rules of will interpretation where a testator employs multi-wills; the case also revisits the law on ademption. Re Kaptyn Estate (2010), 102 O.R. (3rd) 1; 2010 ONSC 4293; OJ No 3347; CarswellOnt 5804; CCS No 13551. Acted for the successful Appellant in GEA Group AG v. Ventra Group Co. et al. (2009) 312 D.L.R. (4th) 160; (Ont. C.A.) 96 O.R. (3d) 481; 76 C.P.C. (6th) 3, now the leading case in Canada on the test for a Norwich Order. Acted for the Appellants in R. v. Kapp in the Supreme Court of Canada on appeal from the British Columbia Court of Appeal in what is now the leading case on sections 15(1) and 15(2) of the Charter. The Court has signaled a return to Andrews and established a completely new test and approach for section 15(2). See R. v. Kapp, [2008] 2 S.C.R. 483; 2008 SCC 41; [2008] 3 C.N.L.R. 346; see also [2006] 10 W.W.R. 577, (2006), 141 C.R.R. (2d) 249; [2006] 3 C.N.L.R. 282; (2006), 56 B.C.L.R. (4th) 11, 2006 BCCA 277 (June 8, 2006). Acted for the Law Society of Upper Canada in its attack against the regulation establishing the Canadian Society of Immigration Consultants (an organization responsible for governing immigration consultants). This case raised the issue of independence of the bar: see Law Society of Upper Canada v. Canada (Minister of Citizenship and Immigration), 295 D.L.R. (4th) 488; [2008] F.C.J. No. 1093 (C.A.) (QL); see also(2006), 58 Admin L.R. (4th) 293, 59 Imm. L.R. (3d) 179, [2007] 4 F.C.R. 132, 2006 FC 1489, (Fed. Trial Div.). Acted for various defendants in Nicholas Shaw v. Terena Shaw et al. (cross-border litigation) and was successful in obtaining an order obtaining carriage of foreign litigation: see Shaw v. Shaw, [2006] O.J. No. 1716 (S.C.J.); leave to appeal denied [2007] O.J. No. 73 (Div. Crt); and in obtaining an anti-suit injunction with respect to litigation in the U.S. notwithstanding the defendants were not parties to that litigation: see Shaw v. Shaw, [2007] O.J. No. 2758 (S.C.J.). Acts for one of the former senior officers in Nortel Networks Corporation and Nortel Networks Limited in proceedings before the Ontario Securities Commission and various related litigation arising out of Nortel's various restatements. Acted for the Commissioner of Competition at first instance in The Commissioner of Competition v. Labatt Brewing Co. Ltd. et al., 2007 Comp. Trib. 9. This decision is ranked in the Top Ten Business Cases of 2007 in Canada by Lexpert. Acted as Ontario counsel for WestJet in its litigation with Air Canada: See (1) (2006), 267 D.L.R. (4th) 483. This decision is ranked as #1 in the Top Ten Business Cases of 2006 in Canada by Lexpert; see also (2) (2005), 20 C.P.C. (6th) 141; (3) [2005] O.J. No. 2310; and (4) Air Canada v. WestJet Airlines Ltd. (2004), 72 O.R. (3d) 669. This case has now settled. Acted successfully for the parents of two autistic children against the government respecting the process involved in the government's funding decisions: N. (R.)(Litigation Guardian of) v. Ontario (2004) 70 O.R. (3d) 420; 238 D.L.R. (4th) 73 (Ont. Div. Ct.); 184 O.A.C. 348. Retained by Davis Webb Schulze & Moon LLP on behalf of its client to seek to set aside the largest cost award made by the Ontario Municipal Board against a party following a hearing. The application for Judicial Review was dismissed by the Divisional Court (June 13 and October 6, 2003). Retained by a major U.S. motion picture distributor in the Competition Bureau's (Competition Act) inquiry into the Motion Pictures Industry. Complainants alleged that practices by the major motion picture distributors and certain exhibitors resulted in distributors not supplying commercially valuable motion pictures to other exhibitors. The Bureau's inquiry, which took place from April 2000 to October 2002, was discontinued on December 12, 2002. The Bureau was unable identify any anti-competitive activity. Retained by Miller Thomson LLP as counsel for its client, the appellant Bloorview MacMillan Centre, in its appeal to the Court of Appeal in Bloorview Childrens Hospital Foundation v. Bloorview MacMillan Centre. The lower Court decision is reported at (2002), 44 E.T.R. (2d) 155 and 175; 22 B.L.R. (3d) 182 (Pitt J.). The case settled following argument. The case raised significant issues concerning the relationship between a hospital and its foundation. Retained by Davies Ward Phillips & Vineberg LLP in the Court of Appeal in Chapters Inc. v. Davies Ward & Beck LLP (2001), 52 O.R. (3d) 566; 10 B.L.R. (3d) 104; 141 O.A.C. 380. This is the leading Ontario case on the application of the Martin test (for conflict of interest). Retained by the former President, CEO and Director of YBM Magnex International, Inc. to act for him in all litigation in Ontario including before the Ontario Securities Commission. (see Royal Trust Corp. of Canada v. Fisherman (2000), 49 O.R. (3d) 187; 46 C.P.C. (4th) 388; 76 C.R.R. (2d) 153) Retained by The Toronto-Dominion Bank in the Court of Appeal in Toronto-Dominion Bank v. Leigh Instruments Ltd.(Trustee Of) (1999), 178 D.L.R. (4th) 634; (1999), 45 O.R. (3d) 417 (C.A.); 124 O.A.C. 87. The trial had taken over one year. The Bank was seeking compensation in the amount of approximately $80 million pursuant to Comfort Letters provided to it by a multinational. Acted in the Supreme Court of Canada in Colborne Capital Corp. v. 542775 Alberta Ltd. (1995), 30 Alta. L.R. (3d) 127, [1995] 7 W.W.R. 671, 171 A.R. 241, 22 B.L.R. (2d) 226 (Q.B.), varied (1999), 228 A.R. 201, 188 W.A.C. 201, 45 B.L.R. (2d) 21 (Alta. C.A.) This case raised issues concerning the scope of the powers of a director of a single shareholder company and the standard conduct governing competitors for the control of a corporation; and where tortious conduct was found, the appropriate level of damages. The trial took 97 days. Acted as counsel for the Roman Catholic Hospitals across Ontario with respect to the restructuring of health care. The reported cases are as follows: Russell et al. v. Health Services Restructuring Commission (Ont.) (1998), 114 O.A.C. 280, 13 Admin. L.R. (3d) 196 (Div. Ct.), aff'd (1999), 175 D.L.R. (4th) 185, 121 O.A.C. 283 (C.A.), leave to appeal refused by the Supreme Court of Canada (2000), 181 D.L.R. (4th) vii; Pembroke Civic Hospital v. Ontario (1997), 36 O.R. (3d) 41 (Div. Ct.); Wellesley Central Hospital v. Ontario (1997), 151 D.L.R. (4th) 706 (Div. Ct.). Acted for the defendants in Jane Doe v. Board of Commissioners of Police for the Municipality of Metropolitan Toronto (1998), 39 O.R. (3rd) 487 (Trial: MacFarland, J.); 160 D.L.R. (4th ) 697; see also (1990), 74 O.R. (2nd) 225 (Div. Ct.),. The issue was whether the police had acted negligently in a criminal investigation and had breached a constitutional duty of care to a rape victim by failing to warn her of the likelihood that she might be assaulted by a serial rapist. In Dell Holdings Limited v. Toronto Area Transit Operating Authority, [1997] 1 S.C.R. 32; 31 O.R. (3d) 576; 142 D.L.R. (4th) 206, acted for the developer in its successful appeal against the Authority which had delayed the development of its lands. This was the first Ontario expropriation case heard by the Supreme Court of Canada since 1989 and established an important new principle. Acted for the Government of Ontario in the inquiry into police conduct which resulted in the Report of the Commission of Inquiry into Events of March 18, 1996 at Queen's Park ("Estey Commission"), October 22, 1996. Acted for the securities dealer in Re E.A. Manning Limited v. Ontario Securities Commission (1995), 23 O.R. (3d) 257 (C.A.); 125 D.L.R. (4th) 305; 80 O.A.C. 321. All members of the Ontario Securities Commission appointed before a particular date were prevented from presiding at a disciplinary hearing because of apprehended bias. In Hill v. Church of Scientology, [1995] 2 S.C.R. 1130; 24 O.R. (3d) 865; 126 D.L.R. (4th) 129, appeared in the Supreme Court of Canada for an unsuccessful appellant. This is a leading case in defamation. (Also appeared as counsel in Botiuk v. Toronto Free Press Publications Ltd., [1995] 3 S.C.R. 3, the companion case to Hill v. Church of Scientology). Acted for the successful plaintiff in Ainsley Financial Corp. v. Ontario Securities Commission (1994), 21 O.R. (3rd) 104 (C.A.); 121 D.L.R. (4th) 79; 77 O.A.C. 155, which dealt with the administrative law principles concerning the jurisdiction of a tribunal to make policies/rules. It gave rise to a Task Force which made recommendations, since acted upon, for sweeping amendments to the Securities Act. Additional significant Supreme Court of Canada cases: Pezim v. British Columbia (Superintendent of Brokers), [1994] 2 S.C.R. 557 (intervenor); 114 D.L.R. (4th) 385; 22 Admin L.R. (2d) 1. Thomson Newspapers Ltd. v. Canada (Director of Investigation and Research), [1990] 1 S.C.R. 425; 72 O.R. (2d) 415; 67 D.L.R. (4th) 161. Re An Act to Amend the Education Act, [1987] 1 S.C.R. 1148; 40 D.L.R. (4th) 18; 22 O.A.C. 321. Irvine v. Canada (Restrictive Trade Practices Commission), [1987] 1 S.C.R. 181; 41 D.L.R. (4th) 429; 24 Admin L.R. 91. Multiple Access Ltd. c. McCutcheon, [1982] 2 S.C.R. 820. Roman Corp. v. Hudson's Bay Oil & Gas Co., [1973] S.C.R. 820. Publications Co-author (with Kristi Collins), "New Tools for Managing Evidence in Complex Litigation", Insight Information, Complex, Mega and Advanced Litigation, Toronto, February 28-March 1, 2011. Co-editor and contributing author, Electronic Documents: Records Management, e-Discovery and Trial, Canada Law Book, 2010. Co-author (with T.A. Cromwell and Nikiforos Iatrou), Witness Preparation, A Practical Guide, Canada Law Book, 2010. Awards & Recognition Fellow of the American College of Trial Lawyers (1996). Honorary Overseas Member of the Commercial Bar Association (England and Wales). Recognized by The Best Lawyers in Canada in the prestigious category of "Bet-the-Company" litigators. Recognized by Lexpert as one of the 100 Most Creative Lawyers in Canada. Recognized as one of the Leading 100 Canada/US Cross-Border Litigators in Canada by Lexpert and Thomson-Carswell. Recognized as one of the Leading 500 Lawyers in Canada by Lexpert and American Lawyer Media. Identified in The Canadian Legal Lexpert Directory in the categories of Corporate Commercial Litigation, Securities Litigation, Public Law Litigation and Directors and Officers Liability (Toronto). Identified in the International Who's Who of Commercial Litigators, Law Business Research and in PLC Global Counsel 3000. Recognized as a leading lawyer in Commercial Litigation by The Chambers Global Guide to the World's Leading Lawyers. Recognized in six categories in The Best Lawyers in Canada. Identified in the Canadian Who's Who. The first recipient of the McMurtry Medal (2004) from Pro Bono Law Ontario for outstanding contribution to the delivery of pro bono legal services. Bryan clerked for Justice Spence of the Supreme Court of Canada (1969-70). He has practised continuously at WeirFoulds LLP except for two years (1982-84) when he acted as special counsel to the Federal Department of Justice. Bryan was granted his Q.C. by Her Majesty the Queen in Right of Canada (1983). Bryan is the founding chair of the Dickson Circle, a group of senior litigation lawyers dedicated to acting in significant cases as counsel (pro bono) on behalf of those with disabilities. Bryan was a member of the Fairness Committee (also known as the Osborne Committee) appointed by the Ontario Securities Commission to advise on whether any changes, structural or otherwise, needed to be made to the Commission in light of its recently increased sanctioning powers. The other two members were The Honourable Coulter A. Osborne Q.C. and Professor David J. Mullan. The committee which was active through 2003 delivered its report to the Commission in March 2004. Professional Activities A Canadian Trustee of the Harold G. Fox Education Fund Editor in Chief, Credit and Banking Litigation, Federated Press Member of the Faculty for the Appellate Oral and Written Advocacy Continuing Legal Education programs Lecturer in numerous other Continuing Legal Education Programs Affiliations American College of Trial Lawyers Commercial Bar Association (England & Wales): Honorary Overseas Member Canadian Bar Association A Director of The Advocates' Society Ontario Bar Association |