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Court File No. CV-11-9532-00CL ONTARIO SUPERIOR COURT of JUSTICE COMMERCIAL LIST BETWEEN
Court File No. CV-11-9532-00CL ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST B E T W E E N: IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, 1985, c. C-36 AS AMENDED AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF CRYSTALLEX INTERNATIONAL CORPORATION ______________________________________________________________________ SUPPLEMENTAL RECORD OF THE DIP LENDER (Motion Returnable: April 11, 2016) ______________________________________________________________________ April 10, 2016 CASSELS BROCK & BLACKWELL LLP Barristers and Solicitors Scotia Plaza 40 King Street West Suite 2100 Toronto, ON M5H 3C2 Timothy Pinos LSUC #: 20027U Tel: 416.869.5784 Fax: 416.350.6903 [email protected] Shayne Kukulowicz LSUC #: 30729S Tel: 416.860.6463 Fax: 416.640.3176 [email protected] Ryan C. Jacobs LSUC #: 59510J Tel: 416.860.6465 Fax: 416.640.3189 [email protected] Lawyers for the DIP Lender TO: DAVIES WARD PHILLIPS & VINEBERG LLP Barristers and Solicitors 155 Wellington Street West 40th Floor Toronto ON M5V 3J7 Jay Swartz LSUC #: 15417L James Doris LSUC #: 33236P Natalie Renner LSUC #: 55954A Tel: 416.863.0900 Fax: 416.863.0871 Lawyers for Crystallex International Corporation AND TO: STIKEMAN ELLIOTT LLP Barristers and Solicitors 5300 Commerce Court West 199 Bay Street Toronto ON M5L 1B9 David Byers Tel: 416.869.5697 Fax: 416.957.0866 [email protected] Maria Konyukhova Tel: 416.869.5230 Fax: 416.957.0866 [email protected] Lawyers for Ernst & Young Inc., in its capacity as the monitor AND TO: GOODMANS -
Gordon Kaiser Is a Arbitrator and Mediator Practicing in Toronto and Calgary
Gordon Kaiser is a Arbitrator and Mediator practicing in Toronto and Calgary. His practice involves domestic and international disputes in energy, regulation and technology. He served as Vice Chairman of the Ontario Energy Board for six years. Prior to that he was a partner in the Gowlings law firm for 25 years where he appeared in the courts of five provinces as well as the Federal Court of Appeal and the Supreme Court of Canada. Mr. Kaiser has advised both regulators and utilities. The regulators include the Ontario Energy Board, the Alberta Utilities Commission, the Commissioner of Competition, the Ontario Independent Electricity System Operator, The Attorney General of Canada, the Competition Tribunal, the commissioner of patents, the Ontario Telephone Commission and the Ontario Farm Products Marketing Commission. He has also served as Market Surveillance Administrator for the Province of Alberta. Mr. Kaiser has mediated settlements in energy and technology, including disputes on multi-year rate plans between public utilities and their major customers and long term contracts for the pricing of gas, electricity and wireless data. He has advised the Alberta’s Utility Commission and the Ontario IESO on settlements under the Market Rules and the Attorney General Canada on settlements under the Competition Act. He acted for the Commissioner of Competition in the Petroleum Products Inquiry as well as in telecommunication proceedings throughout Canada. Mr. Kaiser has arbitrated disputes dealing with the construction of transmission and pipeline facilities, power purchase agreements, gas supply contracts, the construction of power plants and wind and solar interconnection. He is a member of the ICC Canadian arbitration panel in Ottawa and the London Court of International Arbitration. -
SCC Court File No. 37574 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for ONTARIO)
SCC Court File No. 37574 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: VICE MEDIA CANADA INC. and BEN MAKUCH Appellants - and - HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA Respondent - and - ABORIGINAL PEOPLES TELEVISION NETWORK, AD IDEM/CANADIAN MEDIA LAWYERS ASSOCIATION, CANADIAN ASSOCIATION OF JOURNALISTS, CANADIAN JOURNALISTS FOR FREE EXPRESSION, CANADIAN MEDIA GUILD/COMMUNICATIONS WORKERS OF AMERICA CANADA, CENTRE FOR FREE EXPRESSION, GLOBAL NEWS, A DIVISION OF CORUS TELEVISION LIMITED PARTNERSHIP, POSTMEDIA NETWORK INC., CANADIAN BROADCASTING CORPORATION / RADIO CANADA, THE CANADIAN MUSLIM LAWYERS ASSOCIATION, ATTORNEY GENERAL OF ONTARIO, CANADIAN CIVIL LIBERTIES ASSOCIATION, THE MEDIAL LEGAL DEFENCE INITIATIVE, REPORTERS WITHOUT BORDERS, REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, THE MEDIA LAW RESOURCE CENTRE, THE INTERNATIONAL PRESS INSTITUTE, ARTICLE 19, PEN INTERNATIONAL, PEN CANADA, INDEX ON CENSORSHIP, THE COMMITTEE TO PROTECT JOURNALISTS, THE WORLD ASSOCIATION OF NEWSPAPERS AND NEWS PUBLISHERS, THE INTERNATIONAL HUMAN RIGHTS PROGRAM, UNIVERSITY OF TORONTO FACULTY OF LAW, AND THE BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION Interveners FACTUM OF THE INTERVENERS, ABORIGINAL PEOPLES TELEVISION NETWORK, AD IDEM/CANADIAN MEDIA LAWYERS ASSOCIATION, CANADIAN ASSOCIATION OF JOURNALISTS, CANADIAN JOURNALISTS FOR FREE EXPRESSION, CANADIAN MEDIA GUILD/COMMUNICATIONS WORKERS OF AMERICA CANADA, CENTRE FOR FREE EXPRESSION, GLOBAL NEWS, A DIVISION OF CORUS TELEVISION LIMITED PARTNERSHIP and -
JUNE 2013 I LEXPERT.CA I $16.95 the BUSINESS MAGAZINE for LAWYERS , -Cov~ STORY
JUNE 2013 I LEXPERT.CA I $16.95 THE BUSINESS MAGAZINE FOR LAWYERS , -cov~ STORY FOCUS CO LABORATE abour and emp~O(ment practice has gained a new cachet :-=·== business aw firms across -f-===-""""==~-==-..:..•;...=:;::::::;;#:~~ BY JULIUS MELNITZER • PHOTOGRAPHY BY JAIME HOGGE T _J' -- ~ or- I I ; I ·I 40 LEXPrnT MAGALIN'E JUNE 2013 I REFUEL ;;, The POP-UP Office (designed by DUBBELDAM Architecture + Design) is a concept for a modular office easily reconfigured for adaptability and flexibility. YOU'D BE HARD-PRESSED TO FIND "WORKPLACE LAW" listed among the areas of exper!Jse on the websites of Canada's management-side major law firms or boutiques. Even Hicks Morley Hamilton Stewart Storie LLP, the country's largest management-side labour and employment law boutique, bills itself as a "Human Resources Law and Advocacy" firm. But rhen, it would be equally difficult ti:> firid"business law" listed among these firms' areas of expertise. Which}s not to say that, where appropriate, firms don't describe themselves as "business law" firms; arguably, that's the fallback descrip- --- tion for any firm interested in conveying the message that it provides a range of business-related legal services. In other words, business law isn't an area of expertise so much as it is an attempt to strike the balance between establishing a discrete identity or brand for a law firm witnout unduly limiting the message about the type and range ofservices its profes sionals provide. "Full-service," on the one hand, may be a little too vague because it could embrace a range of consumer-oriented legal services; describing a firm as a "corporate-commercial" firm, on the other hand, may not put sufficient emphasis on areas ofpractice, such as litigation, not intuitively associated with the phrase. -
Ad Complaints Report
2003 Ad Complaints Report WHAT’S IN THIS REPORT This report contains statistical information about consumer complaints submitted to ASC in 2003 for review under the Consumer Complaint Procedure. The report also includes case summaries about complaints upheld by the National and Regional Consumer Response Council (Councils) from ADVERTISING STANDARDS January 1, 2003, through December 31, 2003. CANADA The case summaries are divided into two sections of this report. 2003 HIGHLIGHTS The “Upheld Complaints” section provides details about those consumer complaints that were upheld • A total of 1133 complaints (about 716 advertisements) by Councils under the Canadian Code of were received from consumers. Advertising Standards (Code). Where provided, an • Councils upheld 131 complaints about “Advertiser’s Statement” is included. 57 advertisements. • 40% of consumers’ complaints came from Ontario, The “Advertiser Action” section summarizes followed by 21% from Quebec, 13% from British consumer complaints upheld by Councils without Columbia, and 9% from Alberta. identifying the advertiser or the advertisement. In these cases, the advertiser either withdrew or • Retail advertising attracted the most complaints (186). appropriately amended the advertisement after Advertising in the Food category followed with 124 complaints, and Personal and Proprietary product being advised by ASC that a complaint has been advertising placed third with 100 complaints. received, but before the matter was brought forward for Council review. • Advertising on television attracted the highest number of complaints (588), followed by out-of-home advertising with 179 complaints. Report also available at www.adstandards.com CONTENTS • Statistics . 3 • Year in Review . 4 ABOUT ADVERTISING STANDARDS CANADA • Price Advertising Issues . 5 ASC is the not-for-profit industry body committed to creating and maintaining community confidence in advertising. -
Lifetime Achievement Award of the Anglophone Section of the Bar of Montreal
« THE VOICE OF MONTREAL ENGLISH-SPEAKING LAWYERS » Vol.1, No 1 $4 Vincent O’Donnell Lifetime Titre Achievement Award of the Anglophone section of the Bar of Montreal Ian M. Solloway reelected as president of the English-speaking section of the Bar of Montreal Me Johanne Brodeur, Vincent O’Donnell of Lavery’s new Bâtonnier of Quebec Me Bernard Synnott of Fasken Martineau, elected vice-president The first ever award of the English-speaking Section of the Bar of Montreal The Lifetime Achievement Award to Lavery’s «iconic» figure Vincent O’Donnell In this packed room, the largest gathering of Anglophone lawyers of Montréal ever to attend the annual meeting remarked president Ian M. Solloway, joined prestigious guests to celebrate Vincent O’Donnell, whose career as a lawyer, litigator and mentor, has touched so many law students, «stagiaires», associates and partners as well as the leadership of Quebec and Montreal Bar over the years, this low-profile professional everybody had «in awe» as Don McCarty mentioned, who after aticling under Vincent O’Donnell, has become the partner in charge at Lavery’s. Bâtonniers, judges, justices were on hand to be part of this grandiose ceremony organized jointly by the English- speaking section and the Bâtonnière Catherine Pilon of Dentons and director general Doris Larrivée along with the uncontested president of the section, Me Ian M. Solloway. Here’s how Ian Solloway introduced with great pride Vincent O’Donnell : Vincent O’Donnell This past year the English-Speaking Section of the Bar of Montreal decided to create the first ever award to be pre- sented by our section in its over 160 year history – “The By André Gagnon Lifetime Achievement Award ”. -
File Number: 33951 in the SUPREME COURT of CANADA
File Number: 33951 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) BETWEEN: TEV A CANADA LIMITED Appellant - and- PFIZER CANADA INC., PFIZER INC., PFIZER IRELAND PHARMACEUTICALS, PFIZER RESEARCH AND DEVELOPMENT COMPANY N.V'/S.A. and THE MINISTER OF HEALTH Respondents CANADIAN GENERIC PHARMACEUTICAL ASSOCIATION - and- CANADA'S RESEARCH-BASED PHARMACEUTICAL COMPANIES Interveners REPLY FACTUM OF THE RESPONDENTS, PFIZER CANADA INC., PFIZER INC., PFIZER IRELAND PHARMACEUTICALS, and PFIZER RESEARCH AND DEVELOPMENT COMPANY N.V.lS.A. (Rules 36 & 42 of the Supreme Court of Canada) Counsel for the Respondents, Agent for the Respondents, Pfizer Canada Inc., Pfizer Inc., Pfizer Canada Inc., Pfizer Inc., Pfizer Ireland Pharmaceuticals and Pfizer Ireland Pharmaceuticals and Pfizer Research and Development Pfizer Research and Development Company N.V'/S.A Company N.V'/S.A TORYSLLP GOWLING LAFLEUR HENDERSON 79 Wellington St. W., Suite 3000 LLP Box 270, TD Centre 160 Elgin Street Toronto, Ontarid M5K IN2 Suite 2600 Ottawa, Ontario KIP lC3 Andrew M. Shaughnessy Andrew Bernstein Brian A. Crane, Q.C. Yael Bienenstock Tel: 613.786.0212 Tel: 416.865.817117678/7954 Fax: 613.788-3500 Fax: 416.865.7380 Email: [email protected] Email: [email protected] [email protected] [email protected] ORIGINAL TO: THE REGISTRAR COPIES TO: Counsel for the Appellant, Agent for the Appellant, Teva Canada Limited Teva Canada Limited OSLER, HOSKIN & HARCOURT LLP OSLER, HOSKIN & HARCOURT LLP Barristers and Solicitors Barristers and Solicitors Suite 1900, 340 Albert Street Suite 1900, 340 Albert Street Ottawa, Ontario KIR 7Y6 Ottawa, Ontario KIR 7Y6 David W. -
REQUEST for BIOGRAPHICAL INFORMATION Opportunity for Arbitrators to Be Selected for the Canadian Transportation Agency Rosters
REQUEST FOR BIOGRAPHICAL INFORMATION Opportunity for arbitrators to be selected for the Canadian Transportation Agency rosters Table of Contents REQUEST FOR BIOGRAPHICAL INFORMATION ................................................................... 1 Contact Information .................................................................................................................... 2 Education ................................................................................................................................... 3 Arbitration Designation ............................................................................................................... 4 Arbitration Training ..................................................................................................................... 4 Commercial Litigation Experience .............................................................................................. 5 Experience as an Arbitrator, Adjudicator or Judge ..................................................................... 6 Work Samples............................................................................................................................ 7 Transportation Specific Legislation ............................................................................................. 7 For Rail Specialization – Legislation, Regulations, and Procedures ......................................... 7 For Marine Specialization – Legislation, Regulations, and Procedures .................................... 8 For -
Best Practices for Effective Change
INFLUENCE. LEADERSHIP. PROTECTION. Winner of the Award for Outstanding Achievement in Programming in the Association for Continuing Legal Education (ACLEA) "ACLEA's Best" for 2010. Sixth Annual Canadian Bar Association Law Firm Leadership Conference Best Practices for Effective Change November 22-23, 2010 Park Hyatt TORONTO Program Sixth Annual Canadian Bar Association Law Firm Leadership Conference - Best Practices for Effective Change Conference Co-Chairs: Norman Bacal, National Co-Managing Partner, Heenan Blaikie LLP, Toronto Gary Luftspring, Partner, Ricketts, Harris LLP, Toronto Conference Facilitator: Richard Susskind, CBA Special Adviser, Author, Transforming the Law and The End of Lawyers? London, UK Now in its sixth year, the CBA’s Law Firm Leadership Conference has become the essential professional development event for managing partners and up-and-coming law firm leaders in Canada. Building on the dialogue among law firm leaders, clients and industry experts at the 2009 Leadership Conference on Change Management, the CBA is pleased to offer in 2010 an interactive program on best practices for achieving effective change. You will come away from the conference with the tools and the practical “know-how” to tackle tomorrow’s challenges – how to prepare your firm for change, connecting social media with business results, understanding your IT needs and costs, considering outsourcing in the Canadian context, and more. This year, we are delighted to welcome Richard Susskind, legal futurist, author of The End of Lawyers? and Special Adviser to the CBA, as our conference facilitator. Richard Susskind will bring his considerable knowledge and expertise in the future of legal services to set the stage for our program, draw thematic links between the sessions, moderate our panels and facilitate questions from our participants. -
Date: 20160317 Docket: T-1068-14 Ottawa, Ontario, March 17, 2016
Date: 20160317 Docket: T-1068-14 Ottawa, Ontario, March 17, 2016 PRESENT: The Honourable Madam Justice Kane BETWEEN: RAYMOND MICHAEL TOTH Plaintiff and HER MAJESTY THE QUEEN Defendant ORDER UPON motion in writing made by the Plaintiff, Raymond Michael Toth, for an order certifying this action as a class proceeding, considered this day at 90 Sparks Street, Ottawa, Ontario, K1A 0H9; AND UPON reading the amended notice of motion dated January 18, 2016 and the affidavit of Raymond Michael Toth sworn on January 6, 2016; AND UPON considering the submissions of counsel for the parties and being informed of the consent of the Defendant to this Order; Page: 2 THIS COURT ORDERS that: 1. The action be certified as a class proceeding against the Defendant, Her Majesty the Queen (HMQ). 2. The class is defined as: (a) all Canadian Forces members and veterans, and their spouses, dependants, survivors, and orphans who received a reduced Earnings Loss Benefit or Canadian Forces Income Support Benefit between April 1, 2006 and May 29, 2012, or received no benefit at all during that time, because of the deduction of disability benefit entitlements under the Pension Act; and (b) all veterans, their spouses, dependants, survivors, and orphans who received a reduced allowance under the War Veterans Allowance Act between April 17, 1985 and May 29, 2012, or who did not receive a veterans allowance at all during that time, because of the deduction of disability benefit entitlements under the Pension Act. 3. Raymond Michael Toth is appointed as representative Plaintiff on behalf of the class. -
Lawrence David V Gowlings WLG (Canada)
1 COURT FILE NO: ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: LAWRENCE DAVID Plaintiff - and - GOWLING WLG, GOWLING WLG (CANADA) LLP, RODRIGO ESCAYOLA A.K.A. RODRIGUE ESCAYOLA, MARK LEDWELL, GUY RÉGIMBALD, P.A. NEENA GUPTA, GRAEME IAN FRANCIS MACPHERSON, DAVID ERIC PLOTKIN, ROSA LUPO, JACYNTHE RAINVILLE, AND WAYNE B. WARREN Defendants PROCEEDING UNDER THE CLASS PROCEEDINGS ACT, 1992 STATEMENT OF CLAIM TO THE DEFENDANT A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiff’s lawyer or, where the Plaintiff does not have a lawyer, serve it on the Plaintiff, and file it, with proof of service in this court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence. -
Important Things You Should Know When Leasing Real Estate in Canada
IMPORTANT THINGS YOU SHOULD KNOW WHEN LEASING REAL ESTATE IN CANADA Susan Rosen, Partner Toronto SOME DIFFERENCES BETWEEN CANADA & THE UNITED STATES • Small number of large landlords in Canada • Negotiate the critical business terms up front in the agreement to lease or letter of intent • Binding vs. non-binding agreements to lease or letters of intent • Beware! Non-binding letter of intent can be considered binding due to the actions of the parties either by course of conduct or other written evidence exchanged between the parties • Courts of equity are alive and well in Canada 2 WHAT IS A PRINCIPAL BUSINESS TERM? • Hint: It is more than just the base rent, operating costs, the length of the term of the lease and the use clause A PRINCIPAL BUSINESS TERM, IS ANY THING THAT IS GOING TO IMPACT YOUR BUSINESS IN A MATERIAL WAY AND/OR COST YOU MONEY - $$$! 3 PRINCIPAL BUSINESS TERMS • Key business terms • Base Rent • Additional Rent or Operating Costs • Term of lease • Use 4 PRINCIPAL BUSINESS TERMS • Other principal business terms • Fixturing periods • Tenant improvement allowance • Exclusive use rights • Relocation provisions • Options to extend 5 PRINCIPAL BUSINESS TERMS • Other principal business terms (continued) • Options to expand • Right of a tenant to go dark and not operate • Radius clause • Landlord’s right to redevelop, demolish and renovate the building or shopping centre • Obtaining permits, licenses and approvals 6 PRINCIPAL BUSINESS TERMS • Other principal business terms (continued) • Co-tenancy provisions • Delay in construction provisions • Tenant’s signage • Permitted transfers • Interruption of essential services • Self help remedies for tenant 7 PRINCIPAL BUSINESS TERMS • Other principal business terms (continued) • Tenant restoration obligations • Overholding rights • Indemnity or guarantee • Registering notices of lease • SNDA i.e.