- Appellate Advocacy & Judicial Review
- Class Action Litigation
- Commercial Litigation
- Securities Litigation
- Corporate Governance
- Intellectual Property Litigation
|Contact Info||Telephone: 416.777.4857|
|Law School||University of Toronto, LL.B., 1985|
Robert Staley's practice focuses on complex commercial and securities litigation and securities regulation. Rob has extensive experience in Canadian and cross-border securities regulatory and enforcement matters, class actions, takeover bid litigation, foreign corrupt practices, appraisal and share valuation remedies, derivative actions, arrangements and the oppression remedy. He also has a broad trial and appellate practice in the Ontario Superior Court of Justice, Ontario Court of Appeal, Federal Court of Canada, Federal Court of Appeal and Supreme Court of Canada. Rob has appeared before the Ontario, British Columbia and Alberta Securities Commissions. Rob has served as Chair of the firm's Securities Litigation Practice Group, as Co-Chair of the firm's Litigation Department and as a member of the firm's Partnership Board.
Rob is listed in Chambers Global as one of the world's leading lawyers for dispute resolution. In its 2012 directory Chambers Global said Rob "earns praise for his skilled handling of complex cases". Chambers Global went on to say that Rob "is absolutely first rate at examining and cross-examining witnesses". In 2011, Chambers Global commended Rob for his "excellent courtroom presence" and his ability to provide "practical and concise advice." In 2010 Chambers Global described Rob as "a masterful strategic thinker and a very proactive and determined advocate" and in 2009 as "an extremely able, tactical lawyer who always knows cases inside-out." According to Legal Media Group's 2012 Benchmark Canada guide, which recognizes Rob as a litigation star in Ontario, Rob is "tough, works hard for his clients and gets results". Rob is recognized as a most frequently recommended practitioner in corporate and commercial litigation and as a repeatedly recommended practitioner in securities litigation and directors' and officers' liability litigation by The Canadian Legal Expert Directory. Rob has served as a member of the board of directors of The Advocates' Society.
Significant mandates include:
· Representation of Sino-Forest Corporation in the Ontario and Quebec courts in defence of class actions, including claims asserted under Part XXIII.1 of the Ontario Securities Act, and in connection with investigations by securities regulatory authorities.
· Representation of the Special Committee of Research In Motion Limited in connection with the company's management initiated voluntary review of stock options granting practices and in connection with the company's settlements with the Ontario Securities Commission and the U.S. Securities and Exchange Commission.
· Representation of Research In Motion Limited and the Special Committee of Research In Motion Limited in the defence and resolution of shareholder claims arising from the company's management initiated voluntary review of stock options granting practices.
· Representation of members of the Asper family in connection with a successful effort to obtain recovery for shareholders from the estate of the insolvent Canwest Global Communications Corp., in circumstances where the creditors were not paid in full.
· Representation of the Special Committee of Coventree Inc. in connection with an investigation by the Ontario Securities Commission into the Canadian asset-backed commercial paper market.
· Representation of Coventree Inc. in a 50 day hearing before the Ontario Securities Commission in relation to the Canadian asset-backed commercial paper market.
· Representation of Bank of America Corporation in defence of class actions commenced in the Ontario and British Columbia courts claiming $5 billion in damages in relation to interchange fees charged by the Visa and MasterCard credit card networks.
· Representation of the Special Committee of Hollinger International Inc. (now Sun-Times Media Group, Inc.) in connection with the Committee's investigation into the conduct of current and former directors and officers of Hollinger International. Representation of the members of the Special Committee in defence of defamation actions commenced by the former chairman and CEO of Hollinger International, including in an appeal in the Supreme Court of Canada.
· Representation of Hollinger International and the Special Committee of Hollinger International before the Ontario Securities Commission in its successful opposition to Ravelston's effort to privatize Hollinger Inc. Representation of Hollinger International in the ensuing insolvency proceedings of Ravelston and Hollinger Inc.
· Representation of Hollinger International in defence of class actions commenced in the Ontario, Saskatchewan and Quebec courts.
· Representation of the managers of the Vengrowth funds before the Ontario Securities Commission in connection with a successful application by the Special Committee of Vengrowth to cease trade a proxy solicitation by the GrowthWorks funds.
· Representation of Paramount Energy Trust before the Alberta Securities Commission in successfully resisting an application by ARC Energy Management to prevent certain private placement shares from being voted in connection with a shareholder meeting to approve an amalgamation between Paramount and Profound Energy Inc.
· Representation of TVI Pacific Inc. and its directors in defence of a class action commenced pursuant to Part XXIII.1 of the Ontario Securities Act.
· Representation of the former CEO of Timminco Limited in defence of a class action commenced pursuant to Part XXIII.1 of the Ontario Securities Act.
· Representation of Research In Motion Limited in connection with its acquisition of Certicom Corp. pursuant to a plan of arrangement and prior contested proceedings involving the same parties before the Ontario Superior Court of Justice and Ontario Securities Commission.
· Representation of Health Care Property Investors Inc., in connection with its $1.4 billion offer to acquire all of the outstanding units of Sunrise Senior Living Real Estate Investment Trust.
· Representation of the bondholders of Aurelian Resources Inc. in connection with securities class action claims in Ontario and Alberta in relation to representations made to the company's bondholders.
· Representation of the bondholders of Crystallex International Corporation in connection with oppression and derivative action claims directed at the company's directors and senior officers.
· Representation of the senior bondholders of Stelco Inc. in proceedings under the Companies' Creditors Arrangement Act.
· Representation of the senior bondholders of Stelco in a successful claim, through the enforcement of subordination rights, to entitlement of the $90 million in "turnover proceeds" designated under Stelco's CCAA plan.
· Representation of Paulson & Co. Inc. in litigation surrounding a proxy contest initiated by Paulson in relation to Algoma Steel Inc.
· Representation of the former auditors of Buckingham Securities in defence of a class action claim and in defence of proceedings before the Ontario Securities Commission.
· Representation of the bondholders of Teleglobe Inc. in proceedings under the Companies' Creditors Arrangement Act and ancillary litigation arising from the insolvency of Teleglobe.
· Representation of one of the former auditors of Livent in successful defence of disciplinary proceedings before the Institute of Chartered Accountants of Ontario.
· Representation of the bondholders of Rio Algom Limited in an oppression application against Rio Algom and Billiton plc. arising out of Billiton's 2000 takeover of Rio Algom.
· Representation of noteholders of Ivaco Rolling Mills and Ifastgroupe (steel), in connection with their $75 million note debt in restructuring/liquidation proceedings under the Companies' Creditors Arrangement Act.
· Representation of Yorkton Securities Inc. in connection with the OSC's 2000-2001 investigation into the conduct of Yorkton and certain of its senior officers, and in Yorkton's 2001 settlement with the OSC. Representation of Yorkton in connection with its 2001 settlement with the TSE.
· Representation of WIC Western International Communications Ltd. before the Ontario, Alberta and British Columbia Securities Commissions and in the Ontario courts in the successful defence of litigation in relation to a $1 billion takeover bid by CanWest subsidiary CW Shareholdings Inc. Representation of WIC in subsequent oppression claim by CW in the B.C. Supreme Court.
· Representation of the principal subject of an investigation by Regulation Services into possible high closing of certain securities. Following an investigation, RS elected not to proceed with charges.
· Representation of three traders investigated by the TSE in connection with the high closing of various securities by representatives of RT Capital Management.
· Representation of the bondholders of AT&T Canada Inc. in an oppression application against AT&T Canada and its directors.
· Representation of Middlefield Group in the successful defence of a $190 million claim in relation to a limited partnership.
· Representation of one of the subjects of the OSC's investigation into "manual pricing" of certain shares by Bonham & Co. Following an investigation the OSC elected not to proceed with charges against the firm's client.
· Representation of MDS Proteomics Inc. with its successful restructuring under the Companies' Creditors Arrangement Act.
· Representation of bondholder Deutsche Bank Canada in an oppression claim against Sherritt International Corporation in the New Brunswick Court of Queen's Bench.
· Representation of Air Canada in defence of an oppression claim and in subsequent arbitration to determine the fair value of certain of its regional connector airlines.
· Representation of certain parties before the OSC in connection with the OSC's investigation into Bre-X Minerals Ltd.
Documents by this lawyer on Martindale.com
U.S. Supreme Court Upholds Fraud on the Market Theory in Securities Class Actions
Jonathan G. Bell,Kenneth T. Lenz,Barry J. Reiter,Robert W. Staley, June 30, 2014
A much-anticipated decision of the U.S. Supreme Court, Halliburton Co. v. Erica P. John Fund, Inc. was released on June 23, 2014. While the Supreme Court upheld the "fraud on the market" presumption of reliance which has made the U.S. a plaintiff-friendly jurisdiction for securities class...
Canadian Court Certifies Visa/Mastercard Class Action
Emrys Davis,Michael A. Eizenga,Robert W. Staley, April 7, 2014
In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first contested certification decision in a price-fixing case since a series of...
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