Sam practices commercial litigation. He regularly represents shareholders, officers and directors of both public and private corporations in disputes related to corporate governance and the oppression remedy. He has extensive experience acting and advising in disputes related to the interpretation and enforcement of contractual rights. He has defended class actions brought on behalf of shareholders and unit holders of publicly-traded corporations and trusts, as well as class actions alleging defective products and price fixing. He has also advised boards of directors of corporations in regards to proxy fights for control of public corporations.
Sam appears regularly before all levels of court in Ontario and in private arbitrations. He has been identified by Benchmark Canada as a “Litigation Star”; is ranked in the Lexpert Directory; and is listed in Best Lawyers in Canada in the category of corporate and commercial litigation. Sam speaks regularly on topics related to civil and commercial litigation. He is a past instructor at the Intensive Trial Advocacy Workshop hosted by Osgoode Hall Law School.
- Friendly v. 1671379 Ontario (2023)
Successfully represented major commercial lender at Court of Appeal in case dealing with interaction between the Personal Property Security Act and the Creditors’ Relief Act.
- CMN Global Inc. v. Orion Travel Insurance Company (2023)
Obtained judgment in arbitration of multi-million dollar contract dispute, subsequently upheld on review by Superior Court.
- Continental Bank of Canada v. Continental Currency Exchange Canada Inc. (2022)
Obtained a permanent stay of proceedings for the defendants in a complex commercial litigation matter on the grounds of abuse of process where opposing party had obtained access to privileged materials.
- FSD Pharma Inc. Contested AGM (2022)
Acted for the corporation in application for directions related to the conduct of a disputed shareholders meeting.
- KV Investments Inc. v. Eastern Meat Solutions Inc. (2021)
Successfully obtained judgment following trial for a wholesale meat trading business in action against a former trader for breach of fiduciary duty for obtaining secret commissions and engaging in unauthorized competition
- Miller v. FSD Pharma Inc. (2021)
Represented a licensed cannabis grower in a shareholder class action commenced under the secondary market liability provisions of Securities Act, which was successfully resolved prior to certification.
- 1671379 Ontario Inc. v. MCAP Financial Corp. (2020)
Successfully defended a major real estate finance company at trial in litigation arising from the power of sale of development property in southern Ontario.
- Shefsky v. California Gold Mining Inc. (2016)
Successfully defended a public corporation in an oppression proceeding brought by minority shareholders challenging the propriety of a private placement in the Alberta Court of Queen’s Bench and the Alberta Court of Appeal. This is now one of the leading cases on oppression in Alberta.
- Locking v. McCowan (2015)
Successfully moved to strike claims of breach of fiduciary duty in a proposed unitholders class action against the officers and trustees of a REIT.
- Concept Capital Management Ltd. v. Oremex Silver Inc. (2013)
Successfully represented dissident shareholders of a public corporation in an application for directions regarding the conduct of a contested shareholders’ meeting.
- Thibault v. The Empire Life Insurance Co.
Successfully represented a major insurance company in a four-week bilingual jury trial resulting in a multi-million dollar fraud judgment against a rogue broker.
- Private Arbitration
Successfully represented the shareholder of a major real estate enterprise in litigation, arbitrations and negotiations related to the sale and reorganization of the business.
Awards and Recognition
“Litigation Star” in Benchmark Canada Guide to Canada’s Leading Litigation Firms & Attorneys
The Best Lawyers in Canada, in the area of Corporate and Commercial Litigation
Lexpert Directory ranked as “Repeatedly Recommended” in the area of Corporate and Commercial Litigation
Lexpert Rising Star, “Leading Lawyers Under 40” (2015)
“Recent Developments in the Law of Guarantees” Commercial Litigation Review, August 2016
“Requisitioned Meetings of Shareholders: An Uneasy Balance of Powers” (2015) 44(4) The Advocates’ Quarterly 509
“Reining in the Long Arm: a look at Canada’s new jurisdictional rules, 18 months later”, ABA Torts, Trial & Insurance Section Newsletter, Winter 2014
“Foreign Issuers Take Note: The Expanding Reach of Ontario Securities Law”, Client Note (December 6, 2012)
“Case Comment: National Bank Ltd. v. Potter”, CBA National Civil Litigation Section Newsletter, July, 2012
“Simplifying the Fight against Fraud: BMP Global Distribution Inc. v. Bank of Nova Scotia” (2009), 13(20) Commercial Litigation 694
“Not So Secure: Certified Cheques after Esses v. Bank of Montreal” (2008), 12(4) Credit and Banking Litigation 682
“Case Comment: Buckingham Securities Corp. (Receiver) v. Miller Bernstein LLP” (2008), 12(4) Commercial Litigation 666
“The Rise and Fall of the Ontario Parkway Belt” (2000), 58(2) University of Toronto Faculty of Law Review 157 (winner of The Ontario Expropriation Association Award and The Martin L. Friedland Prize)
Teaching & Speaking Engagements
Panelist, “Virtual Discoveries, Cross Examinations and Regulatory Examinations”, Ontario Bar Association, 2020
Speaker, “Conducting an Effective Examination for Discovery”, Ontario Bar Association, 2017
Panelist, “Applying Interviewing Techniques to Your Practice”, Advocates’ Society Seminar on “Gathering the Best Evidence for your Case”, 2016
Speaker, “Demonstration and Commentary: How To Do It Right the Day of the Motion”, Advocates’ Society Seminar on Motions for Summary Judgment, 2016
Speaker, “Protecting/Pursuing the Assets of Owner-Managers and Closely-Held Companies”, Osgoode Hall Professional Development Conference “Setting Up/Knocking Down Asset Protection Structures”, 2015
Speaker, “Guarantees”, Ontario Bar Association Conference on “Banking Litigation: What Every Litigator and In-House Counsel Needs to Know”, Ontario Bar Association, 2014
Speaker, “Special Preliminary Injunctions”, Law Society of Upper Canada conference on “Injunctions: A Boot Camp for Civil Litigators”, 2014
Instructor, Osgoode Hall Law School Intensive Trial Advocacy Program, 2012, 2013, 2014 and 2016.
Panelist, “The do’s and don’ts of trial work”, International Bar Association Annual Conference, 2012
Panelist, “Security for Costs”, Osgoode Hall Professional Development Conference on “Foreign Parties in Ontario Proceedings”, 2012
Panelist, “Discovery Techniques”, Advocates’ Society 2008 Fall Forum
Lecturer, “Construction Tendering Law”, Ontario Road Builders Association and Ontario Sewer and Watermain Constructors Association Joint Course on Construction Tendering, 2003 and 2004
- The Advocates’ Society
- Ontario Bar Association
- Toronto Lawyers Association
- Commercial Bar Association (U.K.)