Caitlin Sainsbury  

Partner

Executive Summary

Cait Sainsbury is a member of BLG’s Commercial Litigation Group in Toronto. Cait is an experienced litigator with a broad litigation and dispute resolution practice. In addition to representing clients in complex commercial disputes and class actions, Cait practices in the area of securities litigation where she acts for clients in civil and regulatory proceedings as well as investigations conducted by the Investment Industry Regulatory Organization of Canada, the Mutual Fund Dealers Association of Canada, and the Ontario Securities Commission. Cait is also experienced in representing companies in contested mergers and acquisition transactions. She was seconded to the Ontario Securities Commission for a one year term in 2008/2009, where she acted as Litigation Counsel in the Enforcement Branch.

Cait's areas of focus include:

  • securities litigation and regulation including broker liability litigation and proceedings before the MFDA, IIROC, and the Ontario Securities Commission;
  • defence of class actions;
  • mergers and acquisitions litigation;
  • shareholder's rights litigation;
  • directors and officers' liability; and
  • general commercial litigation and arbitration, including contractual disputes and enforcement matters.

Representative Work

  • Competition class actions – acts for clients in defending precious metals, foreign exchange, automotive components, bearings, optical disk drives, and other claims
  • Broker Liability Claims – represented dealer and advisor in successfully defending a broker liability claim at trial.
  • Re: Hecla Mining Company and Dolly Varden Silver Corporation – represented Dolly Varden in successfully responding to an application heard simultaneously by the OSC and BCSC to cease trade a private placement financing and in successfully bringing an application to cease trade Hecla's insider take-over bid of Dolly Varden until such time as it obtained a formal valuation pursuant to s. 2.3 of MI 61-101.
  • OSC No Contest Settlement – represented securities dealer in OSC no-contest settlement regarding allegations of control and supervision inadequacies in respect of fees.
  • In the Matter of the Liquidation of LWP Capital Inc. – represented the Liquidator in an inventory valuation dispute.
  • Orbixa Technologies Inc. v. Ribero et al. – represented securities broker in successfully opposing a motion for relief from the deemed undertaking rule to provide information obtained in a civil proceeding to regulators.
  • Re: Agueci  et al. – acted for a Respondent in an insider trading prosecution brought by the OSC.
  • Re: Northern Securities Inc. et al. – acted for IIROC in a regulatory hearing relating to a trading practice which improperly obtained access to credit for the firm's client.
  • French v. Karas et al. – acted for mutual fund dealer in defence of a class action proceeding.
  • Sino-Forest Corporation – represented short-seller in various capacities.
  • Magna International Inc. v. Ontario Teachers' Pension Plan Board – acted for institutional shareholders in regulatory and civil litigation proceedings regarding the collapse of a dual class share structure.
  • Re: DBSL – acted for IIROC in successfully responding to a motion to stay disciplinary proceedings arising out of DBSL's participation in the third-party asset backed commercial paper market.
  • Re: Biovail – acted as OSC Litigation Counsel in regulatory hearing regarding misleading statements made by Biovail about the financial implications of a multi-vehicle truck accident on the company's financial results.

Publications & Presentations

Caitlin is a frequent blogger on the  “THE EXCHANGE: BLG`s Financial Institutions Litigation Blog”. This Blog is geared towards issuers, dealers, insurance and trust companies, banks and other financial institutions.
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Rankings & Recognitions

  • ​Selected by peers for inclusion in The Best Lawyers in Canada® (Corporate and Commercial Litigation).