Cases
Cases: Baldwin v Imperial Metals Corporation
Counsel to the defendant Imperial Metals Corporation in a class action relating to alleged breaches of the Securities Act in connection with a breach of the tailings storage facility at the Mount Polley Mine.
Lawrence E. Thacker, Brian Kolenda, Lars Brusven & Laurel D. Hogg July 19, 2016
York University v Markicevic
Counsel to plaintiff University in a successful trial of an action arising from fraud by senior university executives in connection with construction
maintenance work.
William C. McDowell, Dena N. Varah, Brian Kolenda & Laurel D. Hogg May 31, 2016
Ferrero SpA v 218587 Ontario Limited
Counsel to the defendant in a proceeding relating to the sale of food products containing the plaintiff's trademark. Successfully opposed an interlocutory injunction to restrain the sales of those products.
Ronald G. Slaght & Brian Kolenda July 3, 2015
Re Ernst &Young LLP (Sino-Forest
Zungui Haixi)
Counsel to the respondent auditor in two proceedings brought by the Ontario Securities Commission under the Securities Act resulting in the first no contest settlement under OSC Staff Notice 15-702: Revised Credit for Cooperation Program.
Peter Griffin, Shara N. Roy, Brian Kolenda, Lindsay Beck & Christina Shiels-Singh January 24, 2015
Bennett v Bennett Environmental
Counsel to the plaintiff in successful proceedings for advancement of funds to pay legal fees relating to criminal charges. The Court's decisions in this matter are the leading cases on advancement of funds.
Nina Bombier & Brian Kolenda July 31, 2014
Editions Ecosociete Inc v Banro Corp
Counsel to the appellant in the Supreme Court of Canada in an interjurisdictional defamation matter. The Court's decision in this case is one of its leading precedents in the application of public law to defamation.
William C. McDowell & Brian Kolenda January 2, 2013
Barclays Bank v Metcalfe &Mansfield (Devonshire Trust)
Counsel to Devonshire Trust in a case arising out of the disruption of the Canadian Asset Backed Commercial Paper market in August 2007. Devonshire Trust was successful after a lengthy trial. The Court of Appeal affirmed the trial judge's decision
found that Barclays' notice terminating the swap transaction was invalid because of Barclays' misrepresentation
bad faith.
Read Lexpert's Significant Matters summary.
Tom Curry, Monique Jilesen, Brian Kolenda & Christina Shiels-Singh October 17, 2012
Terracap v Credit Andorra
Counsel to the plaintiff in action to recover escrow funds from aborted real estate transaction. Successfully opposed a motion to stay the action on the basis that the Ontario Courts did not have jurisdiction.
Matthew B. Lerner, Brian Kolenda & Madison Robins June 23, 2001
Healthy Body Services Inc v Raytek Communications
Counsel to the plaintiff in the trial
appeal of an action to recover proceeds of fraud alleged to have been knowingly received by the defendants.
Tom Curry, Matthew B. Lerner, Brian Kolenda & Danielle Glatt March 31, 2001
Inukshuk Wireless Partnership v 4253311 Canada Inc
Counsel to the defendants in an action relating to an alleged breach of an agreement to convey radio wave spectrum licences.
Tom Curry, Lawrence E. Thacker, Matthew B. Lerner & Brian Kolenda March 24, 2001
College of Massage Therapists of Ontario v Heaven
Counsel to the College of Massage Therapists in Discipline Committee hearing concerning allegations of practicing while suspended. Hearing proceeded on agreed statement of facts, with penalty contested. The Discipline Committee revoked the license of the member.
Brian Kolenda February 5, 2001
Zaniewicz
Clarke v Zungui Haixi Corporation
Counsel for one of the defendants in a shareholder class action alleging that the defendant company's public offering prospectus
other disclosure documents contained untrue representations on a motion for an order certifying the action as a class proceeding for settlement purposes.
Peter Griffin, Peter J. Osborne, Shara N. Roy, Brian Kolenda & Lindsay Beck December 15, 2000
Allied Systems (Canada) Company v Honda Canada Inc
Counsel to applicant in proceedings seeking declaratory relief for breach of a transportation contract.
Brian Kolenda December 14, 2000
Elfarnawani v International Olympic Committee
Counsel to the IOC in an action brought in Ontario by the plaintiff arising out of the IOC's decision to declare the plaintiff persona-non grata in the Olympic movement. Successful motion to stay the action on jurisdictional grounds.
Ronald G. Slaght & Brian Kolenda October 7, 2000
College of Massage Therapists of Ontario v Kamoulakos
Prosecutor for The College of Massage Therapists in Discipline Committee hearing concerning allegations of, among other things, practicing while suspended
providing misleading information to the College during its investigation. The Discipline Committee revoked the license of the member.
Nina Bombier & Brian Kolenda February 8, 2000
Smith v Lattuca
Counsel to the defendant physicians in a medical negligence proceedings. Successfully opposed a motion by the plaintiff to extend the deadline to set the action down for trial after the deadline had passed, resulting in dismissal of the action.
Brian Kolenda & Andrew Porter January 9, 2000
