Cases
Cases: Re Essar Steel Algoma Inc
Counsel to the GIP Primus, LP in oppression proceedings brought by the Monitor in the context of Algoma's CCAA proceeding.
Peter Griffin, Monique Jilesen, Matthew B. Lerner & Kim Nusbaum July 23, 2017
Northrop Grumman Corp v OpenText Corp
Counsel to the responding party on an interlocutory injunction relating to an alleged business disruption from the termination of software license agreements.
Andrew Skodyn, Matthew B. Lerner & James S.S. Holtom October 25, 2016
Cambridge Elevating v Niagara Belco
Counsel to the plaintiff employer in an action
an injunction to restrain former employees from the misuse of misappropriated confidential information.
Matthew B. Lerner & Danielle Glatt June 27, 2001
Delrina Consolidated v Minexco Petroleum
Counsel to the plaintiff in an action to recover funds advanced pursuant to a promissory note.
Matthew B. Lerner June 26, 2001
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
Re The Cash Store Financial Services Inc
Counsel in the successful mediation
settlement of multiple Canadian
US class proceedings in the context of an Ontario CCAA proceeding, leading to US recognition
enforcement of the settlement.
Peter Griffin & Matthew B. Lerner May 8, 2001
Poshnjari v Timothy's Coffees of the World
Counsel to the defendant in a breach of contract
fraudulent misrepresentation action.
Matthew B. Lerner & Danielle Glatt May 6, 2001
Re 144 Park Ltd
Counsel to a purchaser in a successful proceeding to oppose a Construction Lien Act Trustee's attempt to disclaim several agreements of purchase
sale.
Matthew B. Lerner & Madison Robins May 3, 2001
Rahemtulla v Bell
Counsel to the successful responding parties on a motion to change the venue from the Toronto Commercial List of an application for an injunction preventing the removal of a shareholder from a Board of Directors.
Matthew B. Lerner May 2, 2001
Re ACE Aviation Holdings Inc
Counsel to the Ernst & Young Inc in the liquidation of ACE Aviation Holdings Inc.
Monique Jilesen & Matthew B. Lerner April 6, 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
Joyce v MtGox Inc
Counsel to the CEO of MtGox Inc, a defendant in a proposed Ontario class proceeding, concerning the failure of the Japanese BitCoin exchange.
Matthew B. Lerner & Andrew Porter March 28, 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
Polar Wireless Corporation v Roberts
Counsel to the successful plaintiff on a motion for an interlocutory injunction preventing former fiduciaries from unfairly competing with their former employer using confidential business information.
Matthew B. Lerner & Andrew Porter January 8, 2001
Western Larch Ltd v Di Poce Management Ltd
Counsel to the successful moving party/defendants on a motion for summary judgment, dismissing an $80 million claim alleging that a shotgun buy/sell offer did not comply with the parties' partnership agreement
amounted to a breach of fiduciary duty
oppression. Successful in upholding the result on appeal. Also successful in opposing a motion for an injunction to prevent the completion of a transaction m
ated by a shotgun buy/sell offer.
Matthew B. Lerner January 7, 2001
Stevens v Stevens
Counsel to the applicant on an application (
on appeal) to enforce the provisions of a domestic contract alleged to contain a fundamental mistake as drafted by the respondent's solicitor.
Lawrence E. Thacker & Matthew B. Lerner December 11, 2000
1588143 Ontario Inc v Lantic Inc
Counsel to the responding party on a motion to compel production of confidential financial information
tax returns refused to be produced at examinations for discovery.
Matthew B. Lerner November 24, 2000
Law Society of Upper Canada v Coady
Counsel for the Law Society in the successful prosecution of a member for professional misconduct. The decision was affirmed on appeal by the Law Society Appeal Panel.
Tom Curry, Jaan Lilles, Matthew B. Lerner & Lindsay Beck November 23, 2000
DLF Solutions Inc v Maple Leaf Sports &Entertainment Ltd
Counsel in the successful defence of owner of the Toronto Raptors at trial of an action
on appeal alleging breach of contract with respect to the sale
reconfiguration of courtside seats.
Glenn Smith, Matthew B. Lerner & Brendan F. Morrison October 21, 2000
Re Hollinger Inc
Counsel in various proceedings on behalf of Ernst & Young, the court appointed Monitor of Hollinger Inc.
related entities in complex CCAA proceedings.
Glenn Smith, Peter Griffin, Peter J. Osborne, Monique Jilesen & Matthew B. Lerner October 20, 2000
1214795 Ontario Inc v The Dominion Realty Company Limited
Counsel to the applicant on an application to interpret the rent provisions within two reciprocating commercial lease agreements.
Matthew B. Lerner October 16, 2000
Salah v Timothy's Coffees of the World Inc
Counsel in the trial of an action on behalf of defendant franchisor with respect to an alleged breach of a franchise agreement relating to the renewal of the agreement for an additional term.
Jaan Lilles & Matthew B. Lerner September 16, 2000
Inquest into the Death of Wayne Howard
Counsel to three physicians at the Coroner's Inquest into the death of an inmate while in custody at the Central North Correctional Centre.
Matthew B. Lerner September 15, 2000
Svec v The College of Psychologists of Ontario
Counsel to defendant professional regulator, its registrar
an investigator on a successful motion to strike out the plaintiff/regulated health professional's statement of claim as failing to disclose a reasonable cause of action.
Matthew B. Lerner September 12, 2000
Nutech Br
s Inc v Air Canada
Counsel for a defendant in a class action relating to an alleged price-fixing conspiracy in the market for air freight shipping services.
Glenn Smith & Matthew B. Lerner September 11, 2000
EMM Financial Corp v Kaushik
Counsel on successful motion for summary judgment on behalf of a plaintiff l
lord regarding an assignee's ongoing liability for rent pursuant to a commercial lease.
Matthew B. Lerner September 9, 2000
779975 Ontario Limited v Mmmuffins Canada Corp
Counsel to defendant franchisor on a successful motion to strike out the plaintiff franchisee's statement of claim as failing to disclose a reasonable cause of action.
Matthew B. Lerner September 8, 2000
College of Massage Therapists of Ontario v CA
Counsel to the College in a successful prosecution of a member in respect of two incidents of sexual abuse of patients, as well as falsifying clinical notes
records
providing false
misleading information in the course of an investigation.
Matthew B. Lerner February 10, 2000
The College of Psychologists of Ontario v Glatt
Counsel to the applicant professional regulator on an application to enjoin the respondent from unauthorized practice
the performance of controlled acts, namely the communication of diagnoses, while not authorized by a health profession Act.
Matthew B. Lerner February 9, 2000
Regal Windows v Marsh Canada
Counsel on motion by defendant to strike statement of claim as failing to disclose a reasonable cause of action.
Matthew B. Lerner & Danielle Glatt January 26, 2000
Commercial Arbitration
Counsel to a l
lord in an arbitration to determine fair market rent over a renewal term.
Matthew B. Lerner & Robert Trenker January 25, 2000
Commercial Arbitration
Counsel in an arbitration concerning the division of profits from a successful architectural firm.
Matthew B. Lerner & Laura Robinson January 2, 2000
White v T
on
Counsel to successful defendant surgeons at trial in a case involving the delayed diagnosis of an anastomotic leak, which lead to sepsis.
Matthew B. Lerner, Brendan F. Morrison & Nilou Nezhat
