Commercial Litigation

Commercial litigation is the focal point of our practice.

Tyr's lawyers apply their trial expertise and strategic advice to assist clients across a diverse range of areas. The lawyers at Tyr have decades of experience pursuing and defending complex commercial disputes, including for some of the world's most well known public corporations and institutions.

The list of cases below highlights some of our lawyers' litigation experience:

  • Representing Google in numerous civil proceedings including in response to a landmark reference proceeding filed by the Office of the Privacy Commissioner seeking to confirm a "right to be forgotten" in Canada and defending a class action seeking $80 million in damages.
  • Representing certain former directors of Sears Canada in connection with an insurance coverage dispute filed on the Commercial List.
  • Representing a subsidiary of a major renewable energy company defending a $170 million claim filed on the Commercial List.
  • Representing Freshii in connection with various commercial disputes.
  • Representing Baffinland Iron Mines in connection with large commercial arbitrations and various commercial disputes.
  • Representing Stingray Group in respect of various civil proceedings, including in connection with a claim of alleged inducement to breach a contract and misuse of confidential information filed on the Commercial List.
  • Representing Aleafia Health in connection with various commercial disputes.
  • Representing Solar Income Fund and former officers and directors in connection with a significant commercial dispute.
  • Representing Ivanhoe Cambridge in connection with various commercial disputes.
  • Representing the digital media company The Young Astronauts in a shareholder dispute.
  • Represented General Motors of Canada defending claims asserted against it in the Ontario Superior Court of Justice for approximately $250 million by approximately 20 Buick GMC dealers.
  • Successfully acted for Robert Schad and his company Athena Automation defending a series of claims for misuse of confidential information against them by Husky Injection Molding Systems Limited that were dismissed following a lengthy trial on the Commercial List.

  • Actiong for Solar Income Fund and certain former officers and directors in a dispute involving exempt market funds engaged in a number of solar power generation projects.
  • Acted for certain former officers of Katanga Mining in connection with enforcement proceedings brought before the Ontario Securities Commission which resulted in a complex and comprehensive settlement agreement approved by the Commission in December 2018.
  • Represented BCE and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE, which has become the leading case in Canada on Directors' and Officers' duties.
  • Acted for a GrowthWorks in its successful opposition to a plan of arrangement put forward by VenGrowth Funds in proceedings before the Ontario Superior Court of Justice.
  • Acted for Pacifica Papers in a trial and subsequent appeal before the British Columbia Supreme Court and Court of Appeal, which approved a plan of arrangement put forward by Pacifica and dismissed an oppression claim brought against Pacifica by one of its largest shareholders.
  • Represented GrowthWorks in connection with the merger of GrowthWorks Canadian Fund Ltd. with the VenGrowth group of funds. The transaction represented the first hostile merger proposal in the labour-sponsored investment fund sector. In connection with this transaction an application was brought by the Special Committee of VenGrowth before the Ontario Securities Commission.
  • Represented Eugene Melnyk, the founder of Biovail and owner of the Ottawa Senators, in defending enforcement proceedings before the Ontario Securities Commission arising from an "earnings warning" issued by Biovail. This case resulted in a trial before the OSC, following which many of the allegations made against Mr. Melnyk were dismissed.
  • Represented a subsidiary of Magna International in successfully defending a precedent setting oppression application brought against it before the Ontario Superior Court by Greenlight Capital Corporation and its founder, David Einhorn. Magna was successful at trial, as well as on appeal in the Divisional Court of Ontario and the Ontario Court of Appeal.
  • Acted for the Special Committee of Patheon at trial successfully defending claims of unlawful proxy solicitation made by JLL Partners in connection with its hostile bid for Patheon. This is now one of the leading cases in Canada in the area of proxy solicitation.
  • Represented Scion Capital (Dr. Michael Bury) in connection with its opposition to the acquisition of Bolivar Gold Corporation by Gold Fields Limited.
  • Acted for InnVest Real Estate Investment Trust and InnVest Operations Trust in connection with a reorganization to unwind their "stapled unit" trading structure through a plan of arrangement under the Canada Business Corporations Act and the Trustee Act (Ontario).

  • Acted for the EMEA Nortel Debtors in proceedings before the Ontario Commercial List concerning the allocation of approximately $7.5 billion in proceeds from the sale of Nortel assets.
  • Acted for Brainhunter and its subsidiaries in their filing for protection under the Companies' Creditors Arrangement Act and the subsequent sale of the business through a court-supervised process.
  • Acted successfully for an Alberta company in an application on the Commercial List to appoint a receiver, as well as to recognize and enforce two multimillion-dollar judgments of the Pennsylvania District Courts for fraudulent financing and claims under the Racketeer Influenced and Corrupt Organizations Act.
  • Acted for China Machinery Engineering Corporation, a secured creditor, in connection with a receivership application and disputed claims trial before the Ontario Commercial List.

  • Representing Freshii in a numerous franchise related disputes.
  • Represented Stingray Digital Group in a number of cases commenced on the Commercial List of the Ontario Superior Court, including a $50 million claim against its franchisor in a fast-tracked action.
  • Represented General Motors of Canada defending claims asserted against it in the Ontario Superior Court of Justice for approximately $250 million by approximately 20 Buick GMC dealers.

  • Representing an individual in a libel claim against the Toronto Star.
  • Acted for a non-profit industry group that was targeted by a SLAPP lawsuit because members of the industry group spoke out against a company that had a reputation for slow-paying or avoiding payment to its contractors.
  • Acted for Rogers Sportsnet in an action for defamation brought by the former Commissioner of the Canadian Football League.

  • Representing Baffinland Iron Mines in a large commercial arbitration involving BIM's Mary River Mine on Baffin Island under the International Chamber of Commerce rules.
  • Represented a large commercial real estate corporation in a complex domestic arbitration concerning an breach of contract with damages in excess of $15 million.
  • Successfully arbitrated a contractual dispute for a Québec-based client in the retail products industry.
  • Represented a variety of athletes and international federations in arbitration hearings before the Court of Arbitration for Sport in Lausanne, Switzerland, before Sports Resolutions in the United Kingdom and before the Sport Dispute Resolution Centre of Canada.

  • Representing Google in response to a landmark reference proceeding filed by the Office of the Privacy Commissioner seeking to confirm a “right to be forgotten” in Canada.
  • Acting for Google defending a class action seeking $80 million in damages for negligence and alleged breaches of privacy legislation. This case has not been certified as a class action.
  • Representing Stingray Group defending a $15 million claim in connection with an alleged inducement to breach a contract and misuse of confidential information.
  • Successfully acted for Robert Schad and his company Athena Automation Limited defending a series of claims for misuse of confidential information against them by Husky Injection Molding Systems Limited that were dismissed following a lengthy trial on the Commercial List.
  • Successfully acted for large financial institution in obtaining emergency injunctive relief to restore access to proprietary information and vital software services following the unlawful shutdown of service by a provider.
  • Represented Google in the appeal of a precedent-setting decision granting a worldwide injunction requiring Google to block certain search results from its search engine.

  • Representing Google in response to a landmark reference proceeding filed by the Office of the Privacy Commissioner seeking to confirm a “right to be forgotten” in Canada.
  • Represented Pattern Energy in connection with a number of proceedings relating to wind power projects in Ontario, including obtaining an injunction preventing interference with the construction of a project and successfully defending a constitutional challenge to three of the largest wind energy projects undertaken in Ontario.
  • Representing South African Olympic Champion Caster Semenya (and before her Indian Olympian Dutee Chand) in international proceedings seeking to invalidate a regulation that requires certain women to lower their naturally occurring testosterone levels as a condition of participation in women's track and field.
  • Represented Rogers Communications in a closely watched misleading advertising proceeding in the Ontario Superior Court brought by the Commissioner of Competition. This case gave rise to a lengthy trial and included a constitutional challenge to the misleading advertising provisions of the Competition Act.
  • Represented BCE and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE, which has become the leading case in Canada on Directors' and Officers' duties.

  • Represented former members of the Audit Committee of Philip Services in a class action claim seeking over $1 billion in damages.
  • Represented the former Officers and Directors of Slater Steel defending claims for approximately $18 million made against them by the Financial Services Commission of Ontario and the company's former actuary.