Graham Splawski  

Graham Splawski is an Associate in the Toronto office of Borden Ladner Gervais LLP and a member of the Commercial Litigation and Arbitration Group.

Graham has a broad litigation practice, focusing on securities law, including contested take-over bids, poison pills, plans of arrangement, broker liability, and regulatory offences and investigations; class actions, including price-fixing and securities actions; shareholder disputes, including oppression claims and proxy fights; banking litigation, including bills of exchange and debtor/creditor litigation; and general commercial litigation, including contractual and enforcement matters, and fraud.

Graham has acted as counsel and assisted with matters before the administrative tribunals, all levels of courts in Ontario, and at the Supreme Court of Canada.

• Class Actions – Acts for a mutual fund company in a multi-jurisdictional securities class action (Fischer v. AIC Ltd.); and acts for clients in defending price-fixing claims related to foreign exchange, precious metals, automotive components, optical disc drives and other claims.
• Take-Over Bid Litigation – Acts for issuers in contested take-over bids before securities commissions and courts, including defending poison pills (Re CanniMed Therapeutics) and private placements (Re Hecla Mining), and in respect of plans of arrangement.
• Shareholder Litigation – Acts for corporations and partnerships in oppression applications and related proceedings (Landvis Canada v. Ocean Choice International).
• Securities Regulatory and Investigations – Acts for registrants in respect of internal investigations and prosecutions before securities commissions and self-regulatory organizations.
• Banking Litigation – Acts for financial institutions in respect of bills of exchange issues (Teva v. Bank of Nova Scotia) and lenders in debtor/creditor litigation (Solar Power Network v. ClearFlow Energy Finance).
• Fraud – Acted for a major insurer in fraud recovery proceedings, including obtaining Anton Piller Orders (civil search), Mareva injunctions (asset freezing) and Norwich Pharmacal Orders (pre-action discovery).

Graham is a frequent contributor to “THE EXCHANGE: BLG`s Financial Institutions Litigation Blog”. This Blog is widely read by issuers, dealers, insurance and trust companies, banks and other financial institutions.
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• Author, "Test for Certification in the Federal Court – New Guidance on Judicial Review Class Actions," BLG Publications, November 2018.
• Co-Author, "Securities Commissions Provide Guidance on New Take-Over Bid Regime," BLG Publications, March 2018.
• Co-author, "The Standing of Administrative Tribunals on Judicial Review," Canadian Journal of Administrative Law and Practice.
• ​Co-author, "The Classic Shareholder Remedy: Using the Oppression Action in Estate and Trust Litigation," OBA Estates and Trusts Section Conference, "The Family Business: Administration and Litigation of Trusts and Estates Holding Business Assets."