James D.G. Douglas  

Partner

Executive Summary

Jim Douglas is a partner in our Toronto office. He is the national leader of Borden Ladner Gervais LLP's Securities Litigation Group and the co-chair of the firm's Investigations and White Collar Defence Group. His practice focuses on:

  • Securities litigation and regulation, including broker liability, proceedings before the Ontario Securities Commission (OSC), SRO disciplinary proceedings and charges under the Securities Act and Criminal Code, along with related class action proceedings.
  • Mergers and acquisitions litigation.
  • Shareholders' rights litigation, including proxy fights, oppression proceedings, derivative actions and shareholders' class actions.
  • Directors' and officers' liability, including shareholders' actions, creditors' actions, and offences under the Securities Act and other regulatory statutes.

General commercial litigation, including contract disputes, debtor/creditor rights, commercial torts and energy market litigation.

Jim has represented the OSC, the Investment Industry Regulatory Organization of Canada, the Mutual Fund Dealers Association of Canada, The Toronto Stock Exchange and other securities regulatory authorities in investigations, prosecutions and disciplinary proceedings. He also represents registrants and public companies and their respective officers, directors and shareholders in civil proceedings and in all manner of proceedings and prosecutions before provincial securities commissions, self-regulatory organizations and the courts.

Jim was Senior Investigation Counsel at the OSC in 1989-90. He was also the Litigation Manager for the Enforcement Branch of the OSC in 1996-97. Both positions were secondments from the Firm.

Representative Work

Securities Litigation

  • YBM Magnex International Inc. et al. – represented one of the respondents in OSC proceeding.
  • IAMGold Corporation – represented applicant in oppression claim.
  • Helix BioPharma – represented the company in proxy fight.
  • Research in Motion – represented senior executive in options back-dating regulatory investigation.
  • ABCP – represented securities dealer in regulatory investigation into collapse of asset-backed commercial paper market.
  • IIROC  v. TD Securities Inc. et al. – represented IIROC in regulatory hearing.
  • THESL v. OEB – represented electric utility in jurisdictional dispute with OEB.
  • Magna International Inc. v. Ontario Teachers' Pension Plan Board et al. – represented institutional shareholders in regulatory and civil litigation proceedings regarding collapse of dual class share structure.
  • Sino-Forest Corporation – represented short-seller in various capacities.
  • IIROC v. Northern Securities – represented IIROC in regulatory hearing.
  • OSC v. Agueci et al. – represented respondent in regulatory proceedings alleging illegal insider trading and tipping.
  • NUGS v. OEFC –represented various applicants in proceedings against OEFC in respect of rate escalator under non-utility generator contracts.
  • In the Matter of the Bankrutpcy of MF Global Canada Co. – represented the Trustee in claim by Friedberg Mercantile Group Ltd.
  • In the Matter of the Liquidation of LWP Capital Inc. – represented the Liquidator in inventory valuation dispute.
  • First Leaside Securities Inc. – represent CIPF in customer claims against compensation fund.
  • Nortel – Represented senior officer in civil and regulatory proceedings
  • Knowledge House Inc. – Represented senior director in civil, regulatory and criminal proceedings. 

Class Actions

  • Hurst v. PWC – represented defendant in class action.
  • Fischer v. AIC et al. – represent one of the fund companies in market timing class action.
  • Fulawka v. BNS – represented defendant in overtime class action.
  • YBM Magnex International Inc. et al. – represented client in Class Action resulting from securities litigation
  • Research in Motion – represented client in Class Action resulting from securities litigation
  • Nortel – represented client in Class Action resulting from securities litigation
  • Western Coal - represented client in Class Action resulting from securities litigation

Publications & Presentations

  • Author of a number of papers on securities regulation and litigation and regular speaker at continuing education seminars on the same topics.

Rankings & Recognitions

  • Recognized in the Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada (Corporate Commercial Litigation, Securities Litigation, Directors' and Officers' Liability Litigation).
  • Recognized in the Lexpert® Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers in Canada (Litigation - Corporate Commercial).
  • Recognized as a leading litigator in the Lexpert®/Report on Business Litigation Special Edition.
  • Recognized in Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star: Ontario" and a "Litigation Star: Securities".
  • Selected by peers for inclusion in The Best Lawyers in Canada® (Corporate and Commercial Litigation, Securities Law).
  • Recognized in Chambers Canada  Canada's Leading Lawyers for Business (Dispute Resolution: Ontario) (Band 4).
  • Recognized in Chambers Global  The World's Leading Lawyers for Business (Dispute Resolution: Ontario).
  • Recognized in Who's Who Legal: Canada (Investigations).
  • Recognized in Who's Who Legal: The International Who's Who of Business Lawyers (Investigations).
  • Recognized in The Canadian Legal Lexpert® Directory (Litigation — Corporate Commercial, Litigation — Directors' and Officers' Liability, Litigation – Securities).
  • Martindale-Hubbell® AV® Preeminent™ 5 out of 5 Peer Review Rated.