Faculty Biographical Information

October 5, 2016

Civil Litigation Practice Basics 2016

Erica J. Baron McCarthy Tétrault LLP

Erica J. Baron is a partner in our Litigation Group in Toronto. In her general litigation practice she has appeared as counsel in trials, appeals, arbitrations and administrative tribunals.

Erica focuses her practice on complex commercial disputes, including real estate disputes, professional liability and health law as well as complex estate litigation.

Her recent litigation experience includes:

Obtaining a stay of the enforcement of an arbitration award pending leave to appeal to the Court of Appeal;

Representing physicians in disputes with family members over end-of-life treatment;

Obtaining summary judgment in a dispute over termination of a lease agreement in the context of allegations of a breach of a duty of good faith;

Obtaining an order that a Marriage Contract executed prior to Family Law Act did not preclude equalization of non-family assets;

Obtaining an order that a disposition of property made by Attorneys for Property at a time that the donor of the Power of Attorney was incapable did not result in an ademption under the donor’s will;

Successfully defending a judicial review of a decision by a public school board to sell a surplus school to a developer;

Successfully defending a motion to deliver a jury notice in the context of a case where a jury was not permitted at law; and

Successfully defending a motion to amend a claim to include similar fact evidence is a complex commercial case.

Erica received her LL.B. (summa cum laude) from the University of Ottawa in 2000, where she achieved the awards for the top standing in both evidence and conflict of laws. Previously, she graduated with distinction from the University of Western Ontario with a BA (Hons.) in philosophy. She was called to the Ontario bar in 2002.

Erica is a member of the Advocates’ Society and the Ontario Bar Association.

Michael Fenrick is a partner at Paliare Roland Rosenberg Rothstein LLP. He has a diverse civil litigation practice, working on complex matters of all kinds. Michael has a particular interest and expertise in public law issues. He regularly acts in matters before administrative tribunals and at all levels of court in Ontario, the Federal Court and Federal Court of Appeal, as well as the Supreme Court of Canada. Michael is also adjunct faculty at Osgoode Hall Law School, teaching Charter Litigation. Prior to joining Paliare Roland in 2009, Michael was Law Clerk to the Honourable Justice Marshall Rothstein then of the Supreme Court of Canada. While at Dalhousie Law School, he received the University Medal in Law, in addition to numerous other academic and advocacy prizes.

STIKEMAN ELLIOTT LLP PROFILE

Samaneh Hosseini

5300 Commerce Court West, 199 Bay Street, Toronto, Canada M5L 1B9

Direct: (416) 869-5522 Fax: (416) 947-0866 shosseini@stikeman.com

Law Practice

Samaneh Hosseini is a partner in the Litigation Group of the Toronto office of Stikeman

Elliott. Ms. Hosseini’s practice focuses on commercial litigation including complex contract

disputes, class actions, securities litigation, shareholder disputes and product liability.

Ms. Hosseini has significant experience defending a variety of domestic and multi-

jurisdictional class actions including cases involving securities law, product liability, franchise

law, competition law and consumer protection. She advises clients on a range of product

liability claims including with respect to the regulatory regimes governing pharmaceuticals,

medical devices and consumer products in Canada. Ms. Hosseini has assisted companies in

the conduct of several large internal investigations and has expertise in commercial

arbitration.

Ms. Hosseini has appeared before all levels of court in Ontario and British Columbia and the

Ontario and British Columbia Securities Commissions.

Professional Activities

Ms. Hosseini is a member of the Law Society of Upper Canada, the Ontario Bar Association,

the Canadian Bar Association and The Advocates' Society. She is also a member of the

firm's Students Committee.

Education

Queen’s University (LL.B. 2005), University of Toronto (BA with High Distinction 2002).

Bar Admission

Ontario, 2006.

Bio - Andrew Kalamut

Andrew Kalamut is an associate in the Litigation Group of McCarthy Tétrault LLP in Toronto. He maintains a general civil and corporate/commercial litigation practice, appearing in tribunals and at all levels of Ontario courts.

Mr. Kalamut obtained his Bachelor of Arts (Honours) from Queen’s University in 2007 and his J.D. from Queen’s University in 2010. While attending law school, he was awarded the David Sabbath Prize in Public Health Law.

Mr. Kalamut was called to the Ontario Bar in 2011. He is a member of the Law Society of Upper Canada, the Canadian Bar Association, and the Ontario Bar Association.

Ellen Snow

Ellen was called to the bar in 2006 after obtaining her Juris Doctor from the Faculty of Law, University of Toronto in 2005. Ellen began her career as an associate at another large firm prior to joining the Commercial Litigation Group in Clyde and Co.’s Toronto office. 

Ellen is well-versed in dealing with complex commercial litigation, including securities litigation, products liability claims, class action defence and directors’ and officers’ liability. 

Ellen also has considerable advocacy experience and has appeared before both the trial and appellate levels of court in Ontario and British Columbia and has appeared as co-counsel in two cases at the Supreme Court of Canada. Ellen also has also appeared before various administrative tribunals, such as the Ontario Securities Commission, and is experienced in both domestic and international arbitration. 

 

Dena N. Varah   

Law School

University of Toronto Bar Admissions

Ontario (2004) Practice Areas

Commercial Litigation Employment Insurance Professional Liability and Regulation Contact

416-865-3556 dvarah@litigate.com

DENA N. VARAH is a partner at Lenczner Slaght.

Dena's practice has broad scope, encompassing corporate and commercial litigation, shareholder disputes and oppression claims, contract issues, professional negligence cases, class action defences, employment/wrongful dismissal matters and administrative and insurance law. She has often appeared in the Ontario Superior Court of Justice and the Ontario Court of Appeal, as well as before administrative tribunals and in private arbitrations. She clerked for the judges of the Court of Appeal before joining Lenczner Slaght.

Dena has taught in continuing legal education programs presented by the Law Society of Upper Canada. She has also mentored law students at the University of Toronto and taught legal ethics at the school's bridge week. In addition, she has led courses in medical ethics for the university's Faculty of Medicine and is a co-chair at the University of Toronto Academic Tribunal. RECOGNITION

Best Lawyers, (2014 - 2017):

Health Care Law

Gale Cup Moot Winner

McCarthy Tétrault National Award for Academic Excellence

SELECT CASES

Aviva Insurance Company of Canada v. Lombard General Insurance Company of Canada - Counsel for the defendant (appellant/respondent by way of cross-appeal), Lombard General Insurance Company of Canada, in an appeal regarding the claims of equitable restitution and contribution to a payment by Aviva (respondent/appellant by way of cross-appeal) for losses arising from a fire in a Toronto apartment building.

Dundas v. Zurich Canada - Counsel to the successful appellants in an appeal concerning the limitation period for a claim against an insurer for allegedly delaying settlement of the claims of third parties against its insured and failing to pay the policy limits into an interest-bearing account to

Dena N. Varah CONTINUED

accrue for the benefit of the third parties. The respondents' application for leave to appeal to the Supreme Court of Canada was dismissed.

Merino v. Klue - Counsel to the plaintiffs/appellants in an appeal regarding the deductibility of a non-pecuniary benefit under an automobile policy of insurance.

Xerox Corporation v. Infinite Media Inc. - Counsel to the plaintiff in a software licensing dispute encompassing allegations of copyright infringement.

Parasiliti v. Beatty et al., 2015 ONSC 6253 - Counsel to the successful defendant physicians at trial in a case involving allegations of professional negligence arising from the care, treatment and management of multiple hand fractures.

Ortolan v. Hotel- Dieu Grace Hospital - Counsel to appellant physician on appeal to Court of Appeal from a trial judgment awarding damages to plaintiffs for medical negligence, arising from a surgical procedure. Appeal allowed. Action dismissed.

Indcondo Building Corporation v. Rinomato - Counsel for a defendant in a fraudulent conveyance action.

York University v. Markicevic - Counsel to plaintiff University in a successful trial of an action arising from fraud by senior university executives.

Ferrara v. Tabatabi - Appeal concerning an oppression remedy and shareholder's remedies.

Animal House Investments Inc. v. Lisgar Development Ltd - Application involving a shareholder dispute in closely held company where the applicant was seeking a just and equitable winding-up.

Gore v. College of Physicians and Surgeons of Ontario - Application for judicial review of the powers of the College of Physicians and Surgeons of Ontario to observe physicians performing medical functions and to compel an interview.

Dena N. Varah CONTINUED

Windsor Regional Hospital v. Bordoff - Trial of a cross-claim between the Hospital and the Defendant Physicians regarding the care of a psychiatric patient.

Wexler v. Suncor Energy Products Inc - Successfully resisted leave to appeal to Divisional Court regarding the representative to be examined for discovery on behalf of a corporation.

Trevor Nicholas Construction Co. v. Canada (Minister for Public Works) - Counsel on a successful appeal from the decision of a prothontary striking out portions of an affidavit as irrelevant and privileged.

Toronto (City) v. W.J. Holdings Ltd. - Successful dismissal of appeal in Divisional Court by City regarding demolition permit issued by the Ontario Municipal Board.

Barber v. Vrozos - Trial regarding claims of negligent misrepresentation and interference with contractual relations involving the water rights at a major concert.

Smith v. Toronto Police Assn - Successful application to declare the actions of a non-share capital corporation to be ultra vires the constitution. The Court of Appeal affirmed that the actions were ultra vires.

Rexdale Singh Sabha Religious Centre v. Chattha - Successful appeal from a decision setting the membership of a non-share capital corporation on the basis that proper procedure had not be followed.

Revell v. Heartwell - Trial and appeal in defence of a plastic surgeon alleged to have negligently performed reconstructive surgery.

Link v. Venture Steel - Successful trial and appeal on behalf of Plaintiff for wrongful dismissal and payment for Shareholdings and Options.

Impact Tool & Mould Inc. (Estate Trustee of) v. Impact Tool & Mould Inc. (Interim Receiver of) - Appeal regarding the discretion of the court to restrict the ability of a trustee in bankruptcy to provide the inspectors and creditors of the

Dena N. Varah CONTINUED

bankrupt estate with access to books, records and other documents of the bankrupt.

Houlihan v. Caskey - Medical negligence trial successfully defending a physician against the allegation that he negligently prescribed Viagra to his patient.

Hantzakos (Litigation Guardian of) v. Sternadel - Opposing motion to amend Statement of Claim to add allegations of similar fact scenarios.

Ellins v. Coventree Inc. - Application for oppression by minority shareholders.

Deol v. Grewal - Trial to determine the composition of the board of directors and the members of a non-profit corporation.

Dent Wizard (Canada) Ltd. V. Catastrophe Solutions International Inc. - Commercial List Application and Trial of an Issue for enforcement of restrictive covenants.

Apotex Inc. v. Ontario (Minister of Health and Long-Term Care) - Successful at quashing an appeal as moot. The issue was the extension of a cut-off date for the completion of drug submissions.

Cordick v. Bologna - Trial counsel in successful defence of a gynecologist alleged to have negligently performed the removal an ovary.

SELECT PUBLICATIONS AND PRESENTATIONS

36th Annual Intensive Trial Advocacy Workshop - Peter Osborne, Lawrence Thacker, Risa Kirshblum, Monique Jilesen, Eli Lederman, Matthew Sammon, Rebecca Jones , Jaan Lilles and Dena Varah are among the distinguished guest instructors at the 35th Annual Intensive Trial Advocacy Workshop held from July 5 to July 11, 2015.

Strategic Considerations for Directors and Officers Before and During Litigations - Dena Varah and Naomi Loewith, together with Afshan Ali, Senior Counsel at CIBC Legal Department, will be conducting a webinar as part of the Canadian Corporate Counsel Association/ Canadian Bar

Dena N. Varah CONTINUED

Association's Webinar Series on May 14, 2015 from 12:00pm to 1:30 pm. This session will address the strategic decisions that Directors and Officers often have to make during litigation and the advice their in-house counsel should be prepared to give. It will also raise issues that strategically thinking counsel should bring to their attention.

Managing Employment Law Issues in the Digital Age - Matthew Sammon will be co-chairing this Osgoode Professional Development program on April 20, 2015, in which Jaan Lilles and Dena Varah will be speaking. This program will provide insight, advice and answer your most pressing questions about digital issues in the HR environment.

Practical Tools to Reduce your Organization's Risk with Social Media Use - Matthew Sammon, Jaan Lilles and Dena Varah conducted a webinar as part of the Canadian Corporate Counsel Association/Canadian Bar Association's Webinar Series on October 17, 2014 from 12:00pm to 1:30 pm. This session provided tips and working strategies regarding the regulation of social media, ownership of social media profiles on LinkedIn, employer liability for employee statements and solicitation of customers and clients online.

35th Annual Intensive Trial Advocacy Workshop 2014 - Peter Osborne, Lawrence Thacker, Risa Kirshblum, Eli Lederman, Matthew Sammon, Rebecca Jones, Jaan Lilles and Dena Varah are among the distinguished guest instructors at the 35th Annual Intensive Trial Advocacy Workshop held from July 6 to July 12, 2014.

Will social media kill the non-solicitation clause? - Dena Varah's article appears in the May 23, 2014 issue of the Lawyers Weekly published by LexisNexis Canada Inc.

Social Media and Solicitation of Customers or Clients - Dena Varah presented on the topic at the Practical Tools to

Dena N. Varah CONTINUED

Reduce Your Company's Risk With Social Media seminar held on March 25, 2014.

Cross Examination of an Expert -

Dena Varah and Naomi Loewith joined forces to discuss cross examination of an expert and conducted a live demonstration for law students at McGill University.

Issue Estoppel Between Civil, Criminal and Administrative Proceedings - Dena N. Varah discusses the topic at Osgoode's 7th Annual National Forum: Administrative Law & Practice.

PROFESSIONAL ACTIVITIES

The Advocates' Society

Canadian Bar Association

Ontario Bar Association NEWS & MEDIA

Social Media in the Workplace - Following the webinar on Practical Tools to Reduce your Organization's Risk with Social Media Use which took place on October 17, 2014, Matthew Sammon, Jaan Lilles and Dena Varah were quoted in an article in the Winter issue of the CCCA Magazine which highlights the key takeaways.

EDUCATION

University of Toronto (2003) JD (Honours Standing)

McGill University BA (Honours - History)

LSRSG 7146432

Mark Walli – Brief Bio

BA (Hons) from UBC; LLB (Hons) from University of Toronto Law

Called to New York State Bar (2001) and Ontario Bar (2007)

Began career as associate in the New York litigation group of Sidley Austin LLP

o Developed a complex commercial litigation practice with a focus on antitrust law

o Represented clients in New York state and federal courts as well as in a number of multi-district antitrust class actions across the U.S.

Backpacked around the world for a year before joining the litigation group of

Stikeman Elliott LLP in Toronto as an associate

o Have continued a varied commercial litigation practice in Ontario with an emphasis on competition law and class actions

o Appeared before all levels of the courts in Ontario, courts in BC, and the Canadian Competition Tribunal

o Notable cases include Pro-Sys Consultants v. Infineon – DRAM price-fixing

class action (BCCA) and the Quizno’s franchisee/franchisor/distributor class action litigation (ONCA)

o Also a contributor to Stikeman Elliott’s annual guide to competition law in Canada

Andrew Winton  Andrew Winton is a partner at Lax O’Sullivan Lisus Gottlieb LLP. He has been involved in a wide range of commercial disputes, with a focus on employment, restructuring and shareholder disputes. His clients include private individuals as well as small business and major corporations.   Mr. Winton acts for both employers and employees and has significant experience in “departing employee” cases involving non‐competition clauses and/or misuse of confidential information disputes. He regularly acts for the court‐appointed monitor or receiver insolvency/restructuring matters, or for the directors and officers of insolvent corporations.  Mr. Winton served on the Section Executive of the Ontario Bar Association’s Civil Litigation Section between 2013 and 2016 and currently serves on the Section Executive of the Ontario Bar Association’s Insolvency Section.