Commercial Litigation

Adam provides second opinions to litigation clients and routinely represents parties in arbitrations, trials, appeals, injunctions, and other contested hearings. Adam's litigation practice spans all aspects of commercial disputes, with particular expertise in contract cases, franchise disputes, banking law, commercial fraud, manufacturing disputes, class actions, competition litigation, and consumer protection claims. After 15 years at a top litigation firm in Canada, Adam is a skilled litigator who is deeply committed to helping clients navigate the difficult waters of commercial disputes. For appropriate mandates, Adam will work with skilled junior contract lawyers to offer a bespoke solution for litigation clients.

FRANCHISE COURT DISPUTES

-Acting for a national franchisor and its parent company in the cannabis retail industry in an appeal before the Alberta Court of King's Bench related to the successful defence of arbitration proceedings brought by a group of franchisees

- Acting for a group of franchisees in a franchise system seeking non-renewal and termination in the health care industry

- Acting for an international health care franchisor in ongoing injunction proceeding in the B.C. Supreme Court relating to termination of a multi-unit Franchise Agreement

- Ongoing representation to a large national master-franchisee in the QSR industry in disputes with sub-franchisees, including an ongoing termination dispute in the Alberta Court of King’s Bench

- Representing a national casual dining franchisor in a statutory rescission case, successfully defeating summary judgement (2462192 Ontario Ltd. v. Paramount Franchise Group Inc., 2019 ONSC 2962)

- Representing a national early childhood education franchisor, including litigation against two former franchisees that purported to rescind for fraud (New Beginnings Early Learning v. CEFA Systems Inc., 2018 BCSC 2417)

- Representing a national telecommunications provider in numerous dealer disputes, including a (1) large multi-dealer litigation matter concerning system changes and (2) several individual claims by dealers.

- Advising Suzuki Canada in the discontinuation of its automotive dealer network in Canada and representation in related litigation and an arbitration commenced by the majority of its dealers

- Representing MolsonCoors in litigation to enforce certain master distribution and licensing rights in Canada (Molson Canada v. Miller Brewing Company, 2013 ONSC 2758)

OTHER NOTABLE LITIGATION EXPERIENCE

- Acting for a purchaser of a real estate portfolio in a contested working capital adjustment dispute (Elad Canada Operations Inc. v. Rester Ontario Investments Inc., 2022 ONSC 2327)

- Acting for a securities issuer in a dispute with an underwriter relating to indemnities (Clarus Securities Inc. v. Aphria Inc., 2021 ONSC 3720)

- Successfully defending RBC in a claim by a business customer related to alleged credit card fraud and chargeback issues (Aeon Sodding Corp. v. The Royal Bank of Canada, 2020 ONSC 4520)

- Representing TD Bank before the Competition Tribunal related to licensing arrangements with Visa and MasterCard (Commissioner of Competition v. Visa Canada et al, 2013 CACT 1)

- Successful appeal and rehearing of a multiparty dispute under a long-term sponsorship agreement (Labatt Brewing Co. v. NHL Enterprises Canada (2011), ONCA 511, 106 O.R. (3d) 677)

NOTABLE CLASS ACTIONS EXPERIENCE

- Representing MolsonCoors in a $1.4 billion competition class action relating to the distribution of beer in Ontario (Hughes v. Liquor Control Board of Ontario, 2018 ONSC 1723 and 2019 ONCA 30)

- Representing a chartered bank in national competition class actions related to licensing arrangements with Visa and MasterCard (Coburn and Watson’s Metropolitan Home v BMO Financial Group, 2019 BCSC 1456)

- Representing PayPal in a $150 million national class actions relating to foreign exchange transactions and consumer protection issues (Kaplan v. PayPal CA Limited, 2021 ONSC 1981)

- Representing TD Bank in a national class action concerning NSF fees (Dufault v. Toronto Dominion Bank, 2022 ONSC 2397)