THE TWELVE-MINUTE Civil Litigator 2016

Speaker Biographies

September 15, 2016

John Callaghan has a broad practice, including civil litigation, commercial litigation, administrative issues and regulatory offense work. He appears before all levels of courts and tribunals, including arbitration panels. His expertise is often sought for complex cases and he has been described as "unflappable" in his handling of the myriad of cases in which he is involved. John was elected by the profession as a bencher of The Law Society of Upper Canada, which governs the legal profession in Ontario. John is a member of the Civil Rules Committee, having been appointed by the Chief Justice of the Ontario Superior Court of Justice. The committee is responsible for drafting the Rules of Civil Procedure for the Province of Ontario. John is co-author of Class Action Law and Practice (Butterworths), the leading class action text in Canada. He has been recognized as a leading counsel by Lexpert®, The Best Lawyers in Canada, Benchmark Canada and Chambers Global in areas such as class actions, commercial litigation, and competition. John is a frequent lecturer on the subject of procedure and trial advocacy, and he spent a number of years as an instructor of trial advocacy with the University of Toronto.

David Chernos’ practice focuses on corporate and commercial litigation, with an emphasis on matters involving shareholders’ disputes (including those involving family and other closely held companies), insolvency, corporate restructuring, income tax, directors’, officers’ and professional liability, and insurance coverage disputes. David also has broad experience in estates litigation, having acted for numerous trustees and beneficiaries as well as Ontario’s Office of The Children’s Lawyer. Prior to founding Chernos Flaherty Svonkin LLP with Pat Flaherty and Stuart Svonkin, David practiced at Torys LLP in Toronto for more than twenty years, most of that time as partner. David has appeared as lead counsel before the Ontario trial courts, the Ontario Court of Appeal, the Supreme Court of Canada, and the Tax Court of Canada. Biography

Justice Victoria R. Chiappetta was appointed to the Superior Court of Justice on November 2, 2012. Prior to her appointment she was General Counsel, Vice President of Legal with Essar Steel Algoma Inc. Prior to her appointment she was a member of the Board of Directors for the Sault Area Hospital, the OLG, and the Algoma Family Services Foundation. Justice Chiappetta was a member of the Legal Advisory Committee of the Ontario Association of Chief of Police and a contributing writer for the publications Influential Women of Northern Ontario and Northern Ontario Business. Matt Cohen (Director of Litigation Projects, Pro Bono Ontario)

Matt is the Director of Litigation Projects at PBO, where he designs and implements charitable projects that improve access to justice. After his call to the Bar in 2001, Matt had a general litigation practice at Osler and was active in the firm’s pro bono efforts. In 2005, Matt completed a LL.M. in human rights law at the University of Cape Town, South Africa, including a dissertation on remedies for violations of socioeconomic rights. He then joined Swadron Associates, where his practice focussed on representation of persons with mental disorders and plaintiffs in proceedings against various police forces. While at Swadron Associates, Matt was retained by PBLO to serve as the Managing Lawyer of Law Help Ontario, a program that serves low-income, self-represented litigants who do not qualify for Legal Aid but cannot afford counsel. He began his current, full time role with PBO in 2010.

Michael A. Eizenga Partner, Head of Class Actions Leading Canadian Class Action Litigator at Bennett Jones Toronto Tel: 416.777.4879 | Email: [email protected]

Bar Admissions Ontario, 1991 | British Columbia, 2015 Education University of Western Ontario, BA, 1979 | Dallas Seminary, ThM, 1983 | University of Western Ontario, MA, 1986 | University of Western Ontario, LLB, 1989 Profile Chair of the Firm's class actions practice, and a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers, Michael Eizenga is recognized as one of Canada's leading complex commercial and class action litigators. Michael advises and represents clients on all issues relating to commercial litigation and class proceedings, including product liability, securities, competition and other commercial matters. Since its inaugural 2006 edition, Michael has been named annually in Best Lawyers in Canada. He is also named annually in The Canadian Legal Lexpert Directory, and the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada as a leading class action litigation and product liability lawyer, and is ranked by Chambers & Partners for his expertise in Dispute Resolution: Class Actions. Michael has been recognized as one of the preeminent litigation practitioners in the Province of Ontario by Benchmark Canada, named as a litigation star, and was named Benchmark Class Action Litigator of the Year in 2016. Michael is an adjunct professor at the University of Toronto, Faculty of Law, and previously taught in the Faculty of Law and Departments of Philosophy and Political Science at the University of Western Ontario. He has also taught at Osgoode Hall's Intensive Trial Advocacy Workshop; and the Law Society's Bar Admission Course. A frequent lecturer and author, Michael has presented domestically and internationally to organizations such as the International Bar Association, the Canadian Bar Association, the Canadian Institute and the Advocates' Society. Michael is co‐author of Class Actions Law and Practice and Class Actions in Canada. He is a member of the Board of Directors of the Toronto Rehabilitation Institute Foundation, War Child Canada, Federated Press, and has been a member of numerous other community, professional and academic organizations. He is a past member of the Board of Directors of Pro Bono Law Ontario (2008‐2011). He is also a past president of The Advocates’ Society (2007‐2008), a former member of its Board of Directors (1999‐2008), and founding co‐chair and member of its Advisory Board, Institute for Civility and Professionalism (2008‐present).

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Your lawyer. Your law firm. Your business advisor. www.bennettjones.com

Sandra A. Forbes

Partner at Davies Ward Phillips & Vineberg LLP, practising commercial, class action, securities and competition litigation before all levels of courts and various tribunals; Past-President of The Advocates' Society; Fellow of The American College of Trial Lawyers and The International Academy of Trial Lawyers; Editor of the Ontario Reports; Adjunct Professor at the University of Toronto Law School teaching Advanced Advocacy; Member of Board of Directors of Pro Bono Law Ontario.

Numerous recognitions including being named a litigation star by Benchmark Canada; listed in the Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada and in The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada; and recommended in several areas, including Commercial Litigation, Competition Litigation, Public Law and Class Actions, in The Canadian Legal Lexpert Directory.

Matthew P. Gottlieb practices business litigation, including corporate and commercial disputes, insolvency and restructuring mandates, libel law, securities litigation and administrative law. He has appeared before the Supreme Court of Canada, the Ontario Court of Appeal, the Ontario courts (Superior Court, Commercial Court and Divisional Court), the Federal Court of Canada, the New Brunswick Court of Appeal, the Supreme Court of British Columbia, The Law Society of Upper Canada, the Ontario Securities Commission, and the Toronto Stock Exchange. Has acted as counsel in many major court proceedings, including those regarding Nortel, Hollinger Inc., BlackRock, Air Canada, First Leaside, Cineplex Odeon and has significant experience in trials and court applications involving insolvency, securities, contractual, Internet and technology, and shareholder issues. Recognized as a leading litigation lawyer in Chambers Global: The World’s Leading Lawyers for Business, Benchmark Canada, The Best Lawyers in Canada and The Canadian Legal Lexpert® Directory. Frequent instructor at many litigation related seminars held by The Law Society of Upper Canada, The Advocates’ Society and other organizations. Called to Ontario Bar in 1991.

Tamryn Jacobson

[email protected] 416.597.4293

Tamryn Jacobson is an associate in the litigation group at Goodmans, and has a broad-based civil and commercial litigation practice, with particular interest in arbitration work. She has significant experience with both international (ad hoc, ICC and LCIA) and domestic arbitrations, dealing with disputes covering many industries (e.g., technology, banking, mining, construction, retail, hospitality). She co-authored the Canadian chapter of Global Legal Insights’ International Arbitration, 2nd edition.

Tamryn has appeared before all levels of court in Ontario. She has been involved in various complex CCAA litigation trials (e.g., Nortel and U.S. Steel Canada), and has significant experience in the technology industry representing technology companies in their Canadian litigation (e.g., Oracle), as well as non-technology companies in their technology-related disputes. In both Nortel and U.S. Steel, pre-trial motions to strike expert reports were brought by both sides.

Tamryn has an active pro bono practice. She is involved with Law Help Ontario, acting as duty counsel for low-income litigants at the Ontario Superior Court of Justice. She also serves as a director of the AIDS Committee of Toronto (ACT), and is the Chair of ACT’s Leadership and Governance Committee.

Ian Matthews is a litigator at Lax O’Sullivan Lisus Gottlieb LLP in Toronto. He joined the firm in 2013, after practicing law in New York. His practice focuses on complex corporate- commercial litigation and both plaintiff- and defendant-side class actions. Ian’s articles have appeared in the Annual Review of Civil Litigation, Canadian Class Action Review, Canadian Lawyer, Banking and Finance Law Review, and the Annals of the American Academy of Political and Social Science. Ian holds law degrees from Harvard Law School and the University of Windsor and is a former law clerk to Justice Marie Deschamps of the Supreme Court of Canada.

KENT E. THOMSON

Davies Ward Phillips & Vineberg LLP 155 Wellington Street West Toronto, ON M5V 3J7 Tele: 416.863.5566 [email protected]

Head of the Litigation Department of Davies Ward in Toronto, with extensive experience in complex, "high stakes" litigation at the trial and appellate levels. Kent has acted as counsel in numerous leading cases in Canada in a wide range of areas, including commercial disputes, securities cases, competition law and class actions. He has argued successfully a number of appeals in the Supreme Court of Canada involving the law of oppression, libel law, tax law, plans of arrangement, the intersection of copyright and broadcasting law and the law of contested elections. He has also argued numerous appeals in the Courts of Appeal of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec and Nova Scotia, and conducted hundreds of trials and hearings before courts and tribunals throughout Canada. Kent has also conducted complex domestic and international arbitrations in Canada, the US, Europe and Africa. He has been recognized repeatedly as one of Canada’s leading litigation counsel, including in The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada as well as by Chambers Global, Benchmark, the Best Lawyers in Canada, Canadian Who's Who and a variety of other ratings agencies and guides. Kent is a Fellow of the American College of Trial Lawyers and of the International Academy of Trial Lawyers. He has received repeatedly Martindale-Hubbell’s highest ranking for legal ability and integrity.

WENDY WAGNER

Privacy Service Leader

T 613-786-0213 [email protected]

Wendy Wagner is a partner in Gowling WLG's Ottawa office and leader of the firm's Privacy & Data Protection Group. Her practice focuses on privacy, access to information and defamation law as well as international trade and investment law.

In her privacy practice, Wendy advises companies on compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), provincial privacy laws applicable to the private sector, and laws governing the protection of health information. Wendy also advises on cross-border data transfers and successor obligations, and assists companies to report and manage data breach incidents. She regularly advises on compliance with Canada’s Anti-Spam Legislation and has created anti-spam compliance policies and programs. She represents clients in complaints before the Information Commissioner of Canada and in appeals before provincial Information and Privacy Offices. She is recognized in Best Lawyers (Administrative and Public Law).

In her media and defamation practice, Wendy litigates defamation law suits in the Ontario courts, acts as counsel for the media in Canadian Charter of Rights and Freedoms cases involving freedom of the press, and represents the media to oppose publication bans and other restraints on publication. Her expertise in this area is recognized in Lexpert (Litigation — Defamation & Media).

In her international trade law practice, Wendy represents the firm’s clients in matters involving trade and investment agreements, export controls and sanctions/embargos, and all aspects of customs compliance. She has appeared as counsel on trade-related matters before arbitration tribunals, the Canadian International Trade Tribunal and the Federal Court of Canada. Wendy’s expertise in international trade is recognized by Who’s Who Legal: Trade & Customs, Chambers Global: The World's Leading Lawyers for Business (International Trade/WTO), The Legal 500 (International Trade), Lexpert (International Trade Regulation), The Legal Media Group’s Experts Guides (International Trade & Shipping, and Women in Business Law), and Best Lawyers (International Trade and Finance Law).

Before joining Gowling WLG, Wendy clerked for the Honourable Mr. Justice Bastarache of the Supreme Court of Canada. She holds an MA (International Affairs) from The Norman Paterson School of International Affairs and an LLB (Gold Medallist) from the University of Ottawa.

Heather J. Williams

In her Ottawa-based civil litigation practice, Heather defends professional liability claims against lawyers and health professionals. Heather also handles a variety of employment and general civil litigation matters.

Heather’s first career was in radio. After completing the journalism program at Carleton University, Heather worked as a radio reporter and announcer in Ottawa and Toronto before attending law school at the University of Ottawa. She then articled at what is now Nelligan O’Brien Payne LLP in Ottawa and remained with that firm as an associate and then a partner until March, 2002, when she co- founded Cavanagh Williams (now Cavanagh Williams LLP)with Steve Cavanagh.

Heather is a member of the Board of Trustees of the Royal Ottawa Health Care Group and a director of Pro Bono Law Ontario. She has served as a director of the Advocates’ Society and is a former co-chair of a committee of the Law Society of Upper Canada’s “Justicia” project, which is aimed at retaining and promoting women in the private practice of law.

Heather is a past-President (2008) of the County of Carleton Law Association (CCLA). In March, 2016, she was awarded the CCLA’s “Carleton Medal.”

Heather has been included in The Best Lawyers in Canada in the specialty of Insurance Law since 2009 and Legal Malpractice Law since 2014.

In June, 2014, the Ontario Bar Association presented Heather with its Award for Excellence in Insurance Law.

In October, 2010, Heather received the President’s Award from the Ottawa chapter of the Women’s Law Association of Ontario.

Cheryl Woodin, Partner Borden Ladner Gervais LLP Ph: 416-367-6270 E-mail: [email protected]

Cheryl Woodin is the Toronto Regional Co-Leader of the Class Action Group at Borden Ladner Gervais LLP. She is a civil litigator who practises in the areas of class actions, governmental liability, consumer claims, products liability, police liability, professional negligence and personal injury. She has appeared at all levels of court and has extensive experience litigating and resolving multi-party proceedings for large institutional clients. Cheryl's class actions practice includes defence of mass tort claims, products and consumer protection claims. Cheryl also provides insurance coverage advice in respect of liability policies. She is a regular speaker in these areas. Cheryl is a committee member of ABA’s Mass Torts section and Co-chair of its Class Proceedings Sub-Committee. Recognized in the 2015 and 2014 editions of Benchmark Canada – The Definitive Guide to Canada’s Leading Litigation Firms and Lawyers (Product Liability, General Commercial). Selected by peers for inclusion in The Best Lawyers in Canada® 2015 in the field of director and officer liability and class action litigation. Recognized as one of Lexpert®'s Rising Stars – Leading Lawyers Under 40 in 2009. Clerked for Mr. Justice Allen Linden of the Federal Court of Appeal. Graduated from the University of Toronto Law School. Called to the Ontario Bar in 1998.