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This article is an orphan, as few or no other articles link to it. Please introduce links to this page from related articles; suggestions may be available. (September 2010) WeirFoulds LLP Type Limited Liability Partnership Industry Law Founded 1860 in Toronto Headquarters Toronto,  Canada Services Legal services Employees c. 225 Website WeirFoulds LLP, a Canadian law firm based in Toronto, has been a continuous partnership since 1870. It is focused on four broad areas of practice: litigation, corporate, property and government law. The firm has represented clients in landmark cases and acted in some of Canada’s most significant mandates.[1] Lawyers at the firm are Fellows of the American College of Trial Lawyers and members of the Commercial Bar Association of England and Wales (honorary), FICCI Arbitration and Conciliation Tribunal (FACT)—India’s leading arbitration institute—as well as the Canadian Bar Association and the American Bar Association.[2] The 2009 Chambers Global Guide to the World’s Leading Lawyers recognizes the 40-member litigation department for offering “excellent counsel at all levels” and notes that the firm is “especially proficient” in municipal work.[3] Contents 1 WeirFoulds has also been recognized in 2 History 3 Notable members and alumni 4 Leading reference works authored by current WeirFoulds lawyers 5 Notable litigation & business work 6 Notable property development & municipal projects work 7 References 8 External links WeirFoulds has also been recognized in • Best Lawyers in Canada for its strengths in real estate, securities and “Bet the Company” litigation [4][5] • In Lexpert Magazine and Lexpert Guides for: The Leading U.S./Canada Cross-Border Litigation Lawyers in Canada (current); Directory of the Leading 500 in Canada (current); The 100 Most Creative Lawyers in Canada (2006); The Top 25 to Watch Creative Lawyers in Canada (2006); Rising Stars—Leading Lawyers Under 40 (2007 and 2008), #1 Business Case in Canada (2006) and in the Top 10 Business Cases in Canada (2007) • By Canada Lawyer magazine as a Top 10 regional firm in Central Canada (Oct. 2005, Sept. 2006) Thirteen lawyers from the firm have been appointed judges by the federal government. The first, John Edward Rose, was appointed in 1883 [6]. More recently, Paul M. Perell was appointed to be Ontario Superior Court of Justice in 2005.[7] History In 1860, Theodore H. Spencer, LL.B., began his practice and opened the firm’s first office at 20 Toronto Street, site of the Masonic Temple, built in 1858 by William Kaufman.[8] Notable members and alumni Robert J. Abbey, 2004–2005, Ontario Superior Court of Justice in Windsor [9] [10] John Arnup, 1970–1985 Court of Appeal, LSUC Treasurer (1963–1966) (see List of Treasurers of the Law Society of Upper Canada) [11] Allan McNiece Austin, 1986–1990 High Court of Justice, 1990–1992 Ontario Court of Justice, 1992–2003 Court of Appeal [12] [13] James J. Carthy, 1988–2004 Court of Appeal [14] Thomas Cromwell, 1997 Appointed to Nova Scotia Court of Appeal, 2008 Appointed to the Supreme Court of Canada George Alexander Gale, 1946–1963 High Court of Justice, 1963–1964 Court of Appeal, 1964–1967 Chief Justice of High Court of Justice, 1967–1976 Chief Justice of Ontario [15] Roy Kellock, 1942–1944 Court of Appeal, 1944–1958 Supreme Court of Canada [16] Joan L. Lax, 1996–current Appointed to the Superior Court of Justice [17] John J. Maclaren, 1902–1913 Court of Appeal, 1913–1923 1st Division Appellate Division [18] Gershom W. Mason, LSUC Treausurer (1947–1950) (see List of Treasurers of the Law Society of Upper Canada) William E. Middleton, 1910–1913 Chancery Division, 1913–1923 High Court of Justice, 1923–1928 2nd Division Appellate Division, 1928–1931 1st Division Appellate Division, 1931–1943 Court of Appeal [19] W.A. Derry Millar [20], LSUC Treasurer (2008–2010) (see List of Treasurers of the Law Society of Upper Canada) Paul M. Perell, 2005–current Appointed to the Ontario Superior Court of Justice [21] John E. Rose, 1883–1901 Appointed to the Ontario Common Pleas [22] George Ferguson Shepley, LSUC Treasurer (1913–1916) (see List of Treasurers of the Law Society of Upper Canada) Stuart P. Webb, 1990–1996 Ontario Court of Justice [23] John T. Weir, 1965 President of the Canadian Bar Association [24] Leading reference works authored by current WeirFoulds lawyers • Ontario Annual Practice published by Canada Law Book. (WeirFoulds authors: W.A. Derry Millar and Jeff G. Cowan) [25] • Municipal Law: The Ontario Municipal Act: A User’s Manual, published by Thomson Carswell. (WeirFoulds author: George Rust-D‘Eye, B.A., LL.B., LL.M.) [26] • Municipal Conflict of Interest: Ontario’s Municipal Conflict of Interest Act—A Handbook, published by Municipal World. (WeirFoulds author: George H. Rust-D’Eye) [27] • Real Estate: Real Estate Law, 4th. ed, published by Emond Montgomery [28] • Electronic Documents: Records Management, e-Discovery and Trial, published by Canada Law Book, 2010. (WeirFoulds editors and contributors: Bryan Finlay Q.C., Marie-Andrée Vermette, Michael Statham, Caroline Abela, Steve Doak, Paul D. Guy, Nikiforos Iatrou, Stephanie L. Turnham, and John Wilkinson) [29] • 2010 International Succession (3rd ed.), published by Oxford University Press. (WeirFoulds co-authors: Lori M. Duffy and Clare E. Burns, chapter entitled “Canada”) [30] Notable litigation & business work • Acted for the Commissioner of Competition at first instance in The Commissioner of Competition v. Labatt Brewing Co. Ltd., 2007 Comp. Trib. 9. This decision is ranked in the Top Ten Business Cases of 2007 in Canada by Lexpert Magazine. • Acted as Ontario counsel for WestJet in its litigation (now settled) with Air Canada. Air Canada v. WestJet Airlines Ltd. (2006), 81 O.R. (3d) 48 (S.C.J.). This decision is ranked as #1 in the Top Ten Business Cases of 2006 in Canada by Lexpert Magazine. • Represented Canadian Airlines, then one of Canada’s major carriers, on the leading case in Canada and internationally on when turbulence is an “accident” under article 17 of the Convention for the Unification of Certain Rules Relating to International Coverage by Air (Warsaw Convention). Quinn v. Canadian Airlines International (1994), 18 O.R. (3d) 326 (Gen. Div.), aff'd [1997] O.J. No. 182 (C.A.). This case has been cited numerous times in foreign courts, including in the House of Lords (Deep Vein Thrombosis and Air Travel Group Litigation, [2005] UKHL 72) and the Court of Appeals for the Second Circuit (Magan v. Lufthansa German Airlines, 339 F.3d 158 (2d Cir. 2003)). • Acted on a leading case concerning the evidentiary threshold that a creditor must meet to obtain an order under section 41(11) of the Bankruptcy and Insolvency Act reappointing a trustee in bankruptcy to complete the administration of the estate of a discharged bankrupt. Re Cogan (2005), 74 O.R. (3d) 223 (S.C.J.), aff’d (2005), 13 C.B.R. (5th) 43 (Ont. C.A.). • Represented Sun Life Assurance Company of Canada on one of Ontario’s leading cases on the inherent equitable jurisdiction of the court to give a mortgagee in possession’s right to receive occupancy costs priority to the claims of secured creditors. Bulut v. Brampton (City) (2000), 48 O.R. (3d) 108 (C.A.), leave denied (2000), 142 O.A.C. 399 (S.C.C.). • Represented Sun Life Assurance Company of Canada on its challenge to a municipality’s claim to be a “secured creditor” for unpaid taxes. This is the leading case determining that the Ontario Municipal Act cannot give priority to municipal taxes under the Bankruptcy and Insolvency Act. Brampton (City) v. Sun Life Assurance Co. of Canada (1999), 43 O.R. (3d) 594 (Ont. C.A.) (sub nom. Re Everingham Brothers Ltd.). • Represented The Right Honourable Brian Mulroney (the former Prime Minister of Canada) in his breach of confidence action against the author Peter C. Newman. • Represented the former Prime Minister, the Right Honourable Brian Mulroney, in having an action brought against him in Ontario by Karlheinz Schreiber—based on an alleged oral agreement—dismissed on jurisdictional grounds. Schreiber v. Mulroney (2007), 88 O.R. (3d) 605 (S.C.J.). • Retained to act in the Supreme Court of Canada (SCC Case No. 32211) in a case involving one of the world’s largest silver discoveries on the issue of whether a remedy is available for breach of confidence when the party who provided the confidential information suffered no detriment as a result of the misuse of the information. IMA Exploration Inc. v. Minera Aquiline Argentina SA (2006), 58 B.C.L.R. (4th) 217 (S.C.), aff'd [2007] 10 W.W.R. 648 (B.C.C.A.). • Represented the law firm of Davies Ward Phillips & Vineberg LLP on the leading case in Ontario on the test for solicitors’ conflict of interest arising out of the take-over of Canada’s second largest bookstore chain. Chapters Inc. v. Davies, Ward & Beck LLP (2001), 52 O.R. (3d) 566 (C.A.). • Represented The Ravelston Corporation (the parent corporation of the Hollinger companies) in the Hollinger litigation and represented Peter G. White, a director of various of the companies in the Hollinger corporate family, in numerous director related issues. Among the cases in which we acted is the leading case on the removal of directors absent a finding of misconduct. Catalyst Fund General Partner I Inc. v. Hollinger Inc. (2006), 266 D.L.R. (4th) 228 (Ont. C.A.). • Acted on the first Ontario case permitting a trustee of a perpetual trust and its beneficiary charities to adopt the “total return” investment model. Toronto Aged Men’s and Women’s Homes v. Loyal True Blue and Orange Home (2003), 68 O.R. (3d) 777 (S.C.J.). • Acted for the executor in this landmark case in which the Supreme Court of Canada declared Ontario’s probate fee (as it then was) unconstitutional because the province had charged a tax, rather than a fee. Re Eurig Estate, [1998] 2 S.C.R. 565. Notable property development & municipal projects work • Acted for Keg Restaurants Ltd. in its lease negotiation with Minto Midtown Inc. for a 9,100-square-foot (850 m2) restaurant located at Yonge and Eglinton in the new mixed use development to be constructed. • Acted for the ownership group and Giffels as manager, developer and design-builder in the acquisition and land assembly, financing, construction, lease-up and sale to UPS of its 600,000-square-foot (56,000 m2) national distribution and logistics centre situated on an industrial land parcel of approximately 40 acres (160,000 m2) in Burlington, Ontario. • Since April 2002, WeirFoulds has acted for York Region Rapid Transit on its VIVA project, assisting in the procurement of its private sector partner, the structuring of the project, funding agreements with Senior Government, and Design-Build, Bus Purchase, Operation and Management agreements, as well as long term business arrangement and work program agreements with the private sector. • Acted for Lagoon City Holdings, Inc. with respect to negotiating the lease of a marina at Lagoon City on Lake Simcoe, together with the assembly of additional lands for a proposed golf course and residential development, including the financing. Also represented Lagoon City Holdings, Inc. on the sale of the entire development package as well as the marina. References ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ External links