Practice Areas » Commercial & Securities Litigation

Experience – Peter Roy and David O’Connor left one of Canada’s leading national full-service law firms to form Roy O’Connor LLP, bringing with them decades of commercial litigation experience. As commercial plaintiff or defence counsel, Roy O’Connor LLP’s helps safeguard businesses’ most critical assets: reputation, licence and money.


Practice Areas – Roy O’Connor LLP represents individuals and world industry leaders at all levels of Court and administrative tribunals across Canada in the fields of:


  • director and officer liability
  • shareholder disputes
  • oppression & derivative actions
  • securities litigation
  • competition litigation
  • class action defence
  • professional liability & professional discipline cases

Cross Border Litigation – Roy O’Connor LLP works closely with international litigation counsel in a variety of cross-border or multi-jurisdictional disputes.


Conflicts – Roy O’Connor LLP ideally positioned to assist other lawyers and law firms in conflict situations and as counsel for a matter outside of their specific area of practice.


Past & Current Cases include:


  • City of Waterloo on various complex claims by the City arising out of the financing for RIM Park in Waterloo
  • Counsel to BHP Billiton with respect to pension and other litigation
  • Counsel to Kinross Gold Corp. and TVX Gold Inc. with respect to significant litigation over the Kassandra Mines in Greece
  • Counsel to Rio Algom Ltd. and its Board in the defence of an oppression claim advanced by holders of Rio Algom's convertible debentures, which involved potential damages of $80 million. We were successful in defending that claim at all levels, including a motion for leave to the Supreme Court of Canada
  • Counsel to WMC Resources with respect to litigation arising out of a takeover bid for a public company
  • Acting on behalf of financial institutions, brokers, directors and shareholders in numerous regulatory proceedings and lawsuits

IN THE NEWS

Supreme Court Denies Banks Leave to Appeal in Overtime Class Actions

On March 21, 2013 the Supreme Court of Canada denied leave to appeal in the cases of Fulawka v. Scotiabank and Fresco v. Canadian Imperial Bank of Commerce. In June of 2012 the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial. The decision of the Supreme Court upholds those rulings.
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Court of Appeal Certifies Tax Shelter Case

On March 19, 2013 the Court of Appeal for Ontario allowed the plaintiff’s claim for allegedly inappropriate tax advice in Lipson v Cassels Brock & Blackwell to proceed as a class proceeding.
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Roy O’Connor LLP Wins for Defendants – Securities Claim Defeated

In reasons released on September 14, 2012 the Ontario Superior Court of Justice denied the Plaintiff’s motions for certification and leave to issue a claim for secondary market misrepresentation under the Securities Act. REO acted for a number of the former directors.
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Court of Appeal Certifies Overtime Class Actions against CIBC and Bank of Nova Scotia

In unanimous decisions released on June 26, 2012 the Court of Appeal for Ontario allowed the plaintiffs’ claims for alleged unpaid overtime in Fresco v CIBC and Fulawka v Bank of Nova Scotia to proceed as class proceedings.
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