Sean Campbell

Partner


headshot

Tel:
+1 416 527 3934

Email:
scampbell@tyrllp.com

Bar Admissions:
Ontario, 2004

Expertise:

  • Class Actions
  • Financial Restructuring & Insolvency
  • Litigation

Sean Campbell is a founding partner of Tyr LLP. Prior to that, Sean was senior partner at Davies Ward Phillips & Vineberg LLP.

Sean Campbell is a founding partner of Tyr LLP. Prior to founding Tyr LLP in June 2019, he was a senior partner at Davies Ward Phillips & Vineberg LLP in the Litigation, and Financial Restructuring & Insolvency practices.

Clients in diverse sectors choose Sean to advise on commercial litigation, securities and class action litigation, shareholder disputes and competition matters. They appreciate his practical and creative approach to highstakes, multi-jurisdictional litigation. Sean represents clients of various sizes on matters before the Ontario Securities Commission, the Competition Tribunal and all levels of court in Canada.

Baffinland Iron Mines

Representing Baffinland Iron Mines in a number of arbitrations and other matters relating to BIM’s Mary River Mine on Baffin Island.

Solar Income Fund

Acting 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.

Rogers Communications

Represented Rogers in a number of high-stakes commercial arbitrations and court proceedings, including its successful defence 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 which was fought over many weeks, and which involved complex expert evidence concerning the testing and operation of wireless networks, as well as constitutional challenges to the misleading advertising provisions of the Competition Act.

HudBay Minerals

Represented HudBay Minerals Inc. in a large, complex international arbitration in Lima, Peru arising out of the construction of the Constancia Mine.

Former members of the Audit Committee of Philip Services

Represented former members of the Audit Committee of Philip Services in a class action claim for over $1 billion in damages.

EMEA Nortel Debtors

Represented the EMEA Nortel Debtors at the Ontario Commercial List and Delaware Court of Bankruptcy concerning allocation of approximately $7.5 billion of proceeds from the sale of Nortel assets. The Nortel allocation proceedings were unique in their size, complexity, and multijurisdictional nature.

Founder of Berkeley Payment Solutions

Represented the founder of Berkeley Payment Solutions in a shareholder dispute.

General Motors of Canada Company

Represented General Motors of Canada in defending claims asserted against it in the Ontario Superior Court of Justice for approximately $250 million by approximately 20 Buick GMC dealers who were retained by GMCL following the restructuring of the company in 2009. The claims asserted were resolved consensually on the eve of trial.

General Motors of Canada Company

Represented General Motors of Canada Limited in successfully defending claims asserted against it for approximately $1 billion in a class action before the Ontario Superior Court that was brought by approximately 180 former dealers of GMCL who were eliminated from GMCL's dealer network during the restructuring of the company in 2009. This case resulted in a lengthy trial in the Ontario Superior Court and subsequent appeals to the Ontario Court of Appeal. All claims asserted against GMCL were dismissed by the trial judge and the Ontario Court of Appeal upheld the trial judge's decision dismissing all claims against GMCL. This has been described by legal commentators as "one of the highest profile cases in Canadian franchise history".

Eugene Melnyk

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 lengthy trial before the OSC, following which many of the allegations made against Mr. Melnyk were dismissed.

BCE Inc.

Represented BCE Inc. 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. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by the Quebec Superior Court following a lengthy and highly expedited trial.

MI Developments Inc.

Represented a subsidiary of Magna International Inc. 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 prevailed at trial, as well as on appeal in the Divisional Court of Ontario and the Ontario Court of Appeal.

RECOGNITIONS

  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Class Action (Litigation Star), General Commercial (Litigation Star), Securities (Litigation Star)
  • The Canadian Legal Lexpert Directory—Litigation: Securities

COMMUNITY INVOLVEMENT

Architectural Conservancy of Ontario

PUBLICATIONS

Lawyers' Professional Liability, 3rd ed., coauthor: June 30, 2013

PROFESSIONAL AFFILIATIONS

The Advocates' Society

EDUCATION

University of Western Ontario, LLB/MBA (with Distinction, Gold Medallist), 2003
McGill University, MA (English Literature), 1996
McGill University, BA, 1994