Nadia Effendi

Nadia Effendi  

Partner

Executive Summary

Nadia Effendi is a partner at Borden Ladner Gervais LLP (BLG) who practices in English and French in both the Toronto and Ottawa offices. Nadia is a member of BLG's Commercial Litigation and Appeal and Review Groups. Her practice focuses on civil litigation with an emphasis on representing clients in commercial, administrative, regulatory, appeal, constitutional and human rights law litigation matters, including transportation and railway law, electoral law, access to information and official languages rights. She regularly appears before all levels of provincial and federal courts on a wide variety of civil and public law litigation matters, including before appellate courts and the Supreme Court of Canada (SCC). She also serves as Chair of BLG's SCC Agency Group. Nadia has also appeared before numerous administrative tribunals. Most recently, from 2012-2014, she served as Commission Counsel for the Elliot Lake Commission of Inquiry investigating the collapse of the Algo Centre Mall.

Nadia was named in 2017 as one of the Benchmark Under 40 Hotlist as well as one of Canada's 25 Most Influential Lawyers in 2016 by Canadian Lawyer Magazine in the Young Influencers category. Nadia was recognized in the 2016 edition of The Canadian Legal Lexpert Directory in the Litigation - Public Law category and the 2015 and 2016 editions of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Ontario". Nadia was also named a Lexpert Rising Star in 2013. 

Nadia is named one of Canada's 25 Most Influential Lawyers in 2016 by Canadian Lawyer Magazine in the Young Influencers category.  Nadia was recognized in the 2016 edition of The Canadian Legal Lexpert Directory in the Litigation – Public Law category and the 2015 and 2016 editions of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Ontario". Nadia was also named a Lexpert Rising Star in 2013.

Prior to joining BLG, Nadia served as a law clerk at the SCC to The Honourable Mr. Justice Bastarache.

Representative Work

  • Counsel before the Supreme Court of Canada, the Ontario Court of Appeal and the Ontario Divisional Court for the Law Society of Upper Canada in Trinity Western University v. The Law Society of Upper Canada,  2015 ONSC 4250;  2016 ONCA 518 (2014-present).
  • Counsel for the Chartered Professional Accountants of Canada in Deloitte & Touche v. Livent Inc., Through its Special Receiver and Manager Roman Doroniuk (2016-present).
  • Counsel before the Supreme Court of Canada for the European Bank For Reconstruction and Development, the Organisation for Economic Co-Operation And Development, the African Development Bank Group, the Asian Development Bank, the Inter-American Development Bank, and the Nordic Investment Bank in World Bank Group v. Wallace,  2016 SCC 15.
  • Counsel before the Federal Court and Federal Court of Appeal for the Board of Internal Economy and the Speaker of the House of Commons in applications commenced by members of the NDP (2014-present).
  • Counsel before the Federal Court for Oceanex Inc. in a judicial review application against the Minister of Transport and Marine Atlantic Inc. (2015-present).
  • Counsel before the Ontario Superior Court for Canadian National Railway Company in contractual dispute with City of Thunder Bay (2014-present).
  • Counsel before the Ontario Superior Court for GoodLife Fitness in class action (2016-present).
  • Counsel before the Supreme Court of Canada for the Railway Association of Canada in Canadian Pacific Railway Co. v. Canada (Attorney General),  2016 SCC 1.
  • Counsel before the Federal Court of Appeal for Canadian National Railway Company in respect of various challenges of decisions of the Canadian Transportation Agency involving complaints by shippers involving interswitching and statutory service obligations (see CN v. Richardson International Ltd.,  2015 FCA 180; Canadian National Railway Company v. Canadian Transportation Agency and Wilkinson,  2013 FCA 270; Canadian National Railway Company v. Canada (Transport, Infrastructure and Communities),  2012 FCA 240).
  • Counsel before the Ontario Superior Court of Justice for the Chief Electoral Officer of Canada in Council of Canadians v. Canada (Attorney General),  2015 ONSC 4601 (2015-present).
  • Counsel before the Federal Court of Appeal for Canadian National Railway Company against the Canadian Transportation Agency in two appeals challenging the Agency's revenue cap determinations for transportation of grain (2015-2016).
  • Counsel before the Federal Court for Canadian National Railway Company against Transport Canada challenging decisions on access to information requests (2016).
  • Counsel before several provincial courts for JTI-Macdonald challenging menthol ban (2015-present).
  • Counsel before the Federal Court of Appeal for CBC/Radio-Canada c. Canada (Commissariat aux langues officielles),  2015 CAF 251 (2010-2015).
  • Counsel before the Ontario Superior Court of Justice for JTI-MacDonald Corp. in JTI-MacDonald Corp. v. Attorney General of Canada (2011-present).
  • Commission Counsel for the  Elliot Lake Commission of Inquiry (2012-14).
  • Counsel before the Federal Court for the Auditor General of Canada in Jean-Jacques Blais v. Michael Ferguson et al. (2012-13).
  • Counsel before the Supreme Court of Canada for the Canadian Medical Association in Canada (Attorney General) v. PHS Community Services Society,  2011 SCC 44.
  • Counsel before the Federal Court of Appeal and the Federal Court for the Chief Electoral Officer in Canada (Chief Electoral Officer) v. Callaghan,  2010 FC 43;  2011 FCA 74.
  • Counsel before the Ontario Court of Appeal and Ontario Superior Court of Justice for the Masters' Association of Ontario in Masters' Association of Ontario v. Ontario,  2011 ONCA 243.
  • Counsel before the Federal Court of Appeal for the Right Honourable Prime Minister Jean Chrétien in Canada (Attorney General) v. Chrétien,  2010 FCA 283.
  • Counsel before the Federal Court and Federal Court of Appeal for Mr. Jean Pelletier (former Chief of Staff of the Right Honourable Prime Minister Jean Chrétien) in Pelletier c. Canada (Procureur général),  2008 CF 803 and Pelletier v. Canada (2008-11) Canada (Procureur général) c. Pelletier,  2010 CAF 189.
  • Counsel before the Ontario Superior Court of Justice for the Canadian Internet Registration Authority (CIRA) in Brandon Gray Internet Services Inc. v. CIRA (2010-12).
  • Counsel before the Human Rights Tribunal of Ontario for Hockey Canada in J.C. v. Canadian Hockey Association,  2011 HRTO 385.
  • Counsel before the Federal Court for the Canadian Security Intelligence Review Committee in Canada (Procureur général) c. Telbani,  2012 CF 474.
  • Counsel before the Ontario Superior Court of Justice for Justices Campbell and Wilkins in Baryluk (Wyrd Sisters) v. Campbell,  2008 CanLII 55134.
  • Counsel before the Supreme Court of Canada for the Federation of Law Societies in Ontario (Public Safety and Security) v. Criminal Lawyers' Association,  2010 SCC 23.
  • Counsel before the Ontario Divisional Court for the Law Society of Upper Canada (LSUC) in Law Society of Upper Canada v. Evans,  2008 CanLII 34276.
  • Counsel before the Federal Court of Appeal for the Canadian Bankers Association in Canadian Imperial Bank of Commerce v. Canada (Chief Commissioner, Human Rights Commission),  2007 FCA 272.
  • Counsel before the Federal Court for Equifax Canada in Equifax Canada v. The Privacy Commissioner of Canada (2007).

 

Publications & Presentations

  • Co-Author, "Managing the Flow of Information at an Inquiry : Lessons Learned from the Elliot Lake Inquiry", to be published.
  • Co-author, "Insite: A Novel and Historic Application of s. 7 of the Charter" in H. MacIvor and A. Milnes, Canada at 150: Building a Free and Democratic Society (2017, LexisNexis).
  • Moderator, « Développement récents en droit administratif », 38e Congrès de l'AJEFO, June 2017.
  • Guest lecturer, TWU v. LSUC, Advanced Public at Western University, March 15, 2017.
  • Co-Chair, "16th Annual Advanced Administrative Law & Practice Conference", Canadian Institute, October 25-26, 2016.
  • Speaker, "Striking the Balance between Competing Rights", OBA 15th Annual Charter Conference, October 6, 2016.
  • Speaker, "From Tribunal to Courthouse: Judicial Review in the Federal Court", The Advocates' Society, Advocacy in Ottawa Symposium: Superior Court, Federal Courts and Beyond, April 8, 2016.
  • Co-Author, "The Yukon Decision and Reasonable Apprehension of Bias", Federated Press Regulatory Boards and Administrative Law Litigation, Volume 12,No. 4.
  • Co-Author, "Bhasin v. Hrynew: Towards Clarity and Coherence with Respect to Good Faith in Contract Performance?", (2016), 46 Advocates Quarterly 94.
  • Speaker, "Privileges and Immunities: a Case Study of Challenges Faced in Canada", World Bank Group Law, Justice and Development Week 2015, November 2015.
  • Speaker, "Bhasin v. Hrynew, The New Duty of Honest Dealing in Contract matters", BLG In-House Counsel Processional development Conference, February 2015.
  • Author, Recent Guidance From the Court of Appeal on the Enforcement and Recognition of Foreign Judgments, Yaiguaje v. Chevron Corp., Federates Press Commercial Litigation, 2014. Volume 16. No. 1.
  • Speaker, "Public Sector Challenges in e-Discovery: Commission of Inquiry Context," Ontario Bar Association, Ontario e-Discovery Institute 2014, October 2014.
  • Author and Speaker, "Yaiguaje c. Chevron Corporation, 2013 ONCA 758 - Recent Guidance from the Court of Appeal on the Enforcement and Recognition of Foreign Judgements in Ontario," Law Society of Upper Canada, The Twelve-Minute Civil Litigator 2014, September 2014.
  • Co-Author, "A.I. Enterprises Ltd. v. Bram Enterprises Ltd.: A Clearer Approach for the Tort of Unlawful Means in Canada," (2014), 42 Advocates Quarterly 470.
  • Co-Author and Speaker, "Standards of Review: Does the Standard of Correctness Still Exist?," The Commons Institute, 180 Minutes of Administrative Law Conference, February 2014.
  • Co-Author, "A Refresher on the Rules on Examinations for Discovery – CIBC v. Deloitte & Touche", Federated Press Commercial Litigation, 2014, Volume 14, Number 4.
  • Co-Author and Speaker, "Examinations for Discovery: The Law of Examinations post-Iroquois Falls Demystified: When Can You Talk to Your Client? When is Your Examination Being Obstructed and What Can You Do About It?" County of Carleton Law Association, Civil Litigation Conference, 2013.
  • Co-Author, "Debtors' Mortgage Discharge Statements Off-Limits to Judgment Creditors" 27 B.F.L.R. 513.
  • Co-Author, "Chapitre 8 - Faire Appel à la cour suprême : permission, mémoire, plaidoirie," LegisPratique: Recours et Procédure en Appel (2011 : LexisNexis, Montréal) [the book was recipient of the Walter Owen Prize].
  • Co-Author, "Banks are prohibited by PIPEDA from disclosing mortgage balance to judgment creditor of mortgagor," 30 National Banking Law Review 28.
  • Co-Author, "Cross-Canada Case Law Update for 2009," The Canadian Institute's 9th Annual – Advanced Administrative Law & Practice, October 28-29, 2009.
  • Speaker, "Développements récents en droit administratif," Conférence annuel de l'Association des juristes d'expression française de l'Ontario, June 2009.
  • Co-Author, "Summary Judgment Motions: Recent Judicial Development," (2008), 35 Advocates' Quarterly 114.
  • Co-Author, "Experts in Civil Litigation: A Retrospective on Their Role and Independence with a View to Possible Reforms," 2008 Annual Review of Civil Litigation, Carswell [cited in R. v. Abbey, 2009 ONCA 624 and Abbott and Haliburton Company v. WBLI Chartered Accountants, 2013 NSCA 66].
  • Author, "Patented Medicine Prices Review Board" in Intellectual Property Related Commercial Litigation in Canada: A Primer for Foreign and In-House Counsel, BLG, 3rd ed., 2008.
  • Speaker, "Règles de procédure civile : mise à jour et impact de la réforme proposé par le Juge Osborne," Conférence annuel de l'Association des juristes d'expression française de l'Ontario, June 2007.
  • Co-Author, "The New Administrative Law — Standard of Review: Are We There Yet?," LSUC, October 2007.
  • Speaker, "Are you Ready? Preparing for a Pandemic," BLG Labour and Employment Law Breakfast Seminar, May 2007.
  • Speaker, "Case Law Review of Damages Awards," BLG Labour and Employment Symposium 2006.
  • Co-Author, "Research and Gathering Evidence in Administrative Law Proceedings," Civil Litigation and Administrative Law Conference, November 2006..
  • Co-Author, "The Role of Legal Counsel: Balancing the Role of Legal Counsel with the Independence of Decision-Makers," Advanced Administrative Law and Practice Conference, October 2006.
  • Co-Author, "Resserrement ou assouplissement? Une mise à jour sur l'application et l'interprétation des normes de contrôle en révision judiciaire," 4e Conférence avancée sur le droit administratif, May 2006.
  • Co-Author, "Recruitment Issues," Borden Ladner Gervais Labour and Employment Symposium 2005.

Rankings & Recognitions

  • Recognized in the 2017 edition of Benchmark Under 40 Hotlist
  • Recognized as one of Canada's 25 Most Influential Lawyers in 2016 by Canadian Lawyer Magazine in the Young Influencers category.
  • Recognized in the 2016 and 2015 edition of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Ontario" and a "Litigation Star: Administrative, General Commercial and Public Law"
  • Recognized in the 2016 edition of The Canadian Legal Lexpert Directory in the Litigation – Public Law category
  • Recognized as a "Litigation Lawyer to Watch" in the 2014 Lexpert Guide to the Leading US/Canada Cross-Border Litigators
  • Recognized as a 2013 Rising Star by Lexpert® Magazine
  • Member of recipient team of Lexpert Zenith Award for the Pro Bono services offered to veterans who were unsuccessful before the Veterans Review & Appeal Board in their application for judicial review by the Federal Court