Shareholder, Partnership and Joint Venture Disputes - Brendan has acted on a wide variety of shareholder, partnership and joint venture disputes. This includes litigation and arbitration in relation to oppression remedy proceedings. Brendan's experience includes:
- Acting for the major shareholder of a technology company in a $20 million oppression remedy claim
- Acting for a real estate developer in a relation to a breach by a business partner of a joint venture agreement for the development of a "big box" shopping plaza
- Acting in arbitration proceedings for two partners of an investment firm in relation to serious fraud by a third partner
- Acting for a real estate developer in oppression remedy proceedings brought in relation to the development of a 23 acre subdivision
Banking and Insolvency Litigation – Brendan regularly acts for major financial institutions and other creditors in connection with the enforcement of security, and insolvency and contractual disputes. This includes litigation in relation to private and court-appointment receivers, and reorganizations and disputes under the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act.
Cross-Border and International Litigation – Brendan regularly acts for U.S. and other international companies in enforcing foreign judgments and orders in Ontario. This includes the enforcement in Ontario of letters of request from foreign courts, as well as representation in Canadian insolvency proceedings and litigation. Brendan's international insolvency litigation experience also includes advising on a dispute over priority to a $40 million mortgage in Barbados, within the context of proposal proceedings.
Fraud and Injunction Litigation – Brendan has extensive experience in bringing applications for urgent relief, typically within the context of fraud and/or insolvency litigation. In particular, Brendan has obtained Mareva Injunctions to freeze bank accounts, Anton Piller Orders to seize evidence which may be at risk of being destroyed, and orders for the recovery of property prior to trial. Brendan's experience includes:
- Repeatedly acting for a major automotive manufacturer in the extremely urgent recovery of industrial equipment unlawfully seized or detained by third parties
- The recovery of a trade secret belonging to a major international prepared food manufacturer, prior to its sale online by a rogue employee, which involved obtaining orders to search and seize evidence from multiple locations connected to the employee
- Acting for a major home appliance manufacturer in the recovery of 6,000 palettes of inventory
- Acting for major financial institutions and companies in obtaining Anton Piller Orders to search for and secure evidence relating to domestic and international frauds
- Acting for a U.S. coal supplier in obtaining access to $33 million of its product
Competition Matters – Brendan has represented parties in a number of significant competition law matters, including misleading advertising, price-fixing, and abuse of dominance cases. Recently, Brendan acted for Reliance Comfort Limited Partnership in connection with a private action before the Ontario Superior Court of Justice involving allegations of widespread misleading advertising by a competitor, as well as an abuse of dominance proceeding before the Competition Tribunal.