Woods LLP

Montréal Office

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Chairman: James A. Woods, Ad E
Managing Partner: Caroline Biron
Of Counsel:
Hon Joseph R Nuss C.M., QC, Ad E, FCIArb; Haig Oghigian, FCIArb
Number of partners: 10 Number of lawyers: 32
Languages: English, French, Spanish, Portuguese, Romanian

Firm Overview:
WOODS LLP is the foremost litigation, arbitration and insolvency firm in Canada, recognised nationally and internationally for its expertise and success. The firm acts in all manner of high-stakes disputes where the outcome is of vital importance to its clients and their businesses. Its team of attorneys — multilingual, trained in civil law and common law, dedicated to successful advocacy and understanding clients’ interests — is known for its winning strategies and concrete results. The firm is proud of its reputation for having the talent and drive to handle the largest and most complex disputes, while remaining highly flexible, responsive and efficient.
Woods LLP acts for public and private companies, individuals and governments in corporate, commercial and administrative litigation, before all levels of courts and tribunals in Canada. It has a highly successful track record in disputes regarding corporate liability and governance, directors’ and officers’ liability, shareholders’ or other stakeholders’ disputes securities litigation, class actions, the interpretation and performance of complex commercial agreements as well as in strategic matters requiring urgent, injunctive relief. The firm also boasts an important practice in insolvency, employment law and defamation, as well as one of Canada’s only full-time international arbitration practices, representing clients and serving as arbitrators in international commercial and investment disputes.

Main Areas of Practice:

Contractual Disputes:
■BCE Inc. v. Ontario Teachers’ Pension Plan Board et al.:
Represented the purchasers in this dispute regarding a CA $1.2B break-up fee clause following the termination of an agreement to acquire BCE
■Lac d’Amiante du Quebec Ltee v. 2858-0702 Quebec Inc. and Lac d’amiante du Canada, Ltee: Represented Lac d’amiante du Quebec in an action for reimbursement of over CA$12 million of expenses, based on multiple agreements between the parties, including joint venture and limited partnership agreements

Corporate & Securities Litigation:
■BCE Inc. v. 1976 Debentureholders:
Obtained approval, from the Supreme Court of Canada, of a CA$52B bid by the Ontario Teachers’ Pension Plan Board, Providence Equity Partners and Madison Dearborn Capital Partners to acquire BCE, over the objections of BCE bondholders
AbitibiBowater Inc. v. Fibrek Inc.: Appeared on behalf of Fairfax Financial in the proceedings before the Quebec securities commission concerning the hostile takeover of Fibrek Inc.

Class Actions:
■Vast experience representing defendant and plaintiff sides. Currently defending claims against BMW, Ticketmaster, Canada Dry Mott’s, Keurig Dr Pepper, Cogeco, Videotron, Boiron and CI Investments. Current plaintiff files include claims against Uber, Mazda, Marriott and Intrawest
■Sopropharm and al v. Le Groupe Jean-Coutu: Obtained the authorisation of the first-ever franchiseefranchisor class action in Quebec, seeking the reimbursement of over $400M in undue royalties and the annulment of various clauses of the franchise agreements

International Law:
■Islamic Republic of Iran v. Hashemi:
Successfully argued state immunity in representing the state of Iran in this claim for damages
■New Jersey (Department of the Treasury of the State of) v. Trudel & Johnston: Successfully invoked state immunity to dismiss the claim against the clients’ firm, and maintained that result in appeal

International Arbitration:
■Bayer Cropscience AG v Dow Agrosciences LLC:
Co-Counsel to Bayer, the firm obtained an arbitral award over USD$450M for breach of a patent licensing agreement (French law) and patent infringement (US law)
■Counsel to a global mining company in a construction dispute (ICC)
■Counsel to the World Anti-Doping Agency in various anti-doping matters and cases. Several of its lawyers also serve as arbitrators
■Counsel to an Australian distributor of nutraceutical products in a $275M dispute with a foreign supplier (UNCITRAL)
■Represents a UN agency in a dispute with a South American state and a US lessor of civilian aircraft

Insolvency & Creditors’ Rights:
■Kitco Metals Inc.:
Acting for the court appointed monitor in this CCAA proceeding which was filed by Kitco to stay assessments of over CA$300 million by Revenue Quebec for sales taxes allegedly owed by Kitco
Coopers & Lybrand Chartered Accountants (CLCA): Acted for FCA Canada Inc., the single largest creditor in this unique CCAA proceeding filed by a partner of CLCA to provide releases to a wide scope of third parties and bring an end to over 20 years of litigation
Montreal Maine & Atlantic Canada Co.: Represented the Monitor in cross-border insolvency proceedings of a railway, after an oil-laden train derailment and in which over $1 billion of claims were filed
Canwest Global Communications Corp. (Re): Represented Goldman Sachs regarding CA$700M claim in the restructuring of CanWest and its CA$2 billion acquisition by Shaw Communications
Metcalfe & Mansfield Alternative Investments II Corp. (Re): Challenged the restructuring plan of the Canadian market of asset-backed commercial paper (ABCP), worth some $32B, for a group holding $1B in notes
Bentham IMF: Successfully represented Bentham IMF before the Supreme Court of Canada. The Supreme Court of Canada unanimously overturned the unanimous decision of the Quebec Court of Appeal and approved interim financing under the CCAA in the form of litigation funding for the debtor company to sue its principal creditor

Administrative & Regulatory Litigation:
Québec (Attorney General) v. Imperial Tobacco et al: Represents Philip Morris in defense of a $60B claim brought pursuant to the Tobacco-related Damages and Health Care Costs Recovery Act
■Represented the Attorney General of Manitoba regarding the shutting down of an aircraft maintenance center
■Opposed the rejection of Domtar’s tender for sale of biomass-generated electricity

Competition Disputes:
■Vidéotron ltée v. Bell ExpressVu, l.p.:
Obtained an CA$82M historic damage award for Vidéotron for loss of revenues suffered due to Bell’s failure to control piracy of its own satellite signals
IMS Health Canada Inc. v. Think Business Insights Ltd.: Obtained the dismissal of the injunction proceedings brought by a competitor in an attempt to restrain the firm’s client from engaging in certain activities
Transcontinental Inc. v. Publications TVA Inc.: Obtained an order for an interlocutory injunction to force a competitor to cease providing printing and pre-printing services in respect of a magazine; also obtained the dismissal of the request for permission to appeal the order
■Valeurs mobilieres Desjardins Inc. v. Lambert: Obtained orders on behalf of Desjardins Securities preventing two ex-employees and RBC Dominion Securities from disclosing confidential information and from soliciting their clients
Cablage QMI Inc. v. Societe en commandite Bell ExpressVu: Sought and obtained for Cablage QMI an injunction and safeguard orders preventing Bell from accessing the clients’ cable network without permission

Professional Liability:
Brunette v. Legault Joly Thiffault: Successfully defended before the Supreme Court of Canada the dismissal of a $55M claim against an accounting firm by a trust for damages following the bankruptcy of a holding company of which the trust was the sole shareholder
Groupe Jean-Coutu v. Raymond Chabot Grant Thornton: Successfully defended RCGT in disqualification proceedings aiming to prevent its partners and employees from acting as experts in a litigation file