Samantha Gordon 

overview

Samantha is an associate in the Litigation and Dispute Resolution group in the firm's Toronto office. She has a complex commercial, corporate and securities litigation practice. Samantha has experience in M&A litigation, shareholder disputes, governance issues, proxy contests, complex contract disputes, antitrust class action defence and commercial arbitration.

Samantha has appeared as counsel before the Supreme Court of Canada and all levels of court in Ontario, including the Ontario Court of Appeal and the Commercial List.  She has also appeared before domestic and international arbitration tribunals. 

In 2019, Samantha completed a secondment with the Office of Mergers and Acquisitions at the Ontario Securities Commission.  She was involved in the oversight of M&A transactions, a hearing relating to a proxy contest, and a number of policy projects.

Samantha is an active member of the Advocates’ Society, is a member of the Defense Research Institute Young Lawyers Steering Committee and volunteers as Duty Counsel for Pro Bono Law Ontario.

Samantha received her Bachelor of Arts Honours from Queen’s University and earned her Juris Doctor from the University of Windsor.  Samantha studied international law at Monash University in Prato, Italy in 2012.  During her studies, Samantha was the recipient of awards for academic excellence and contributions to the community.  She also volunteered as a litigator with Community Legal Aid, and acted as Chair of the Speakers Committee and Vice President of Women and the Law. 

Representative Matters

Corporate, Commercial and Securities

• Counsel in precedential case on securities process and disclosure in a conflict of interest transaction.
• Represented an appellant before the Supreme Court of Canada in Pioneer Corp. v. Godfrey, the leading case on certification standards in anti-trust class actions.
• Represented an intervener before the Supreme Court of Canada in R. v. Comeau, the leading case concerning free trade in Canada under s.121 of the Constitution Act.
• Represented a technology company (2017), manufacturing company (2018) and mining company (2019) in litigation matters and related strategy in hostile proxy / control contests.
• Represented a European banking client in an appeal before the Ontario Court of Appeal in a complex 12-year, multi-transfer fraudulent conveyance action.
• Represented an international telecommunications company in defending an interlocutory and permanent injunction based on allegedly misleading advertising statements.
• Canadian counsel for SABMiller plc regarding Canadian Competition Bureau clearance of its US $107 billion take-over by Anheuser Busch InBev SA/NV

Class Actions

• Counsel to multiple electronic manufacturers defending multijurisdictional civil cartel/conspiracy class action proceedings.
• Counsel to multiple global financial institutions defending multijurisdictional civil cartel/conspiracy class action proceedings.
• Counsel to multiple global auto-parts manufacturers defending multijurisdictional civil cartel/conspiracy class action proceedings.
• Counsel to a financial institution defending class action proceedings relating to alleged breaches of consumer protection laws.

Arbitrations

• Represented a ground lease tenant in a complex rental reset arbitration.
• Defended a mining company in an international arbitration (LCIA) regarding a claim for a 50% interest in a mining project in Africa arising from an Earn-in agreement.
• Represented a global telecommunications company in an arbitration dealing with a breach of contract dispute.
• Represented a ground lease tenant in an arbitration dealing with a breach of contract dispute.
• Represented a global investment company in an arbitration dealing with a purchase price adjustment contract dispute.

Selected Decisions:

• The Catalyst Capital Group Inc. (Re), 2020 ONSEC 6
• Pioneer Corp. v. Godfrey, 2019 SCC 42 
• R. v. Comeau, 2018 SCC 15 
• Friends of Toronto Public Cemeteries Inc. v. Mount Pleasant Group of Cemeteries, 2018 ONSC 771
• Omega General Insurance Company v. Tsianos, 2017 ONSC 5179
• In the matter of the court-appointed receivership of Casselman Plywood Hardware Building Centre Ltd., 2017 ONSC 4107
• Samuels v. Canada (Attorney General), 2016 ONSC 7937
• Fontanilla v. Thermo Cool Mechanical, 2016 ONSC 7023
• Bayerische Landesbank Girozentrale v. Sieber Estate (Trustee of), 2016 ONCA 399, 2016 ONCA 400
• Yim v. Rogers Communications Partnership, 2016 ONSC 2105

Presentations

Publications

Education

• University of Windsor, J.D. - 2014
• Queen's University, B.A.H. - 2011

Year Of Call

• Called to the Ontario bar - 2015

Directorships and Professional Associations

• Law Society of Upper Canada
• The Advocates' Society
  - Member of The Judicial Independence Task Force
• Defense Research Institute

Awards & Rankings

• J.W. Whiteside Award, for contribution to the law school, the legal profession and the community at large
• Torkin Manes LLP Award, for combined academic achievement and service to the community
• Honourable Walter S. Tarnopolsky Award, for respect for and commitment to equality and human rights, service to the community, civility and generosity of spirit
• Igor Kaplan Memorial Award, for exemplifying the traditions of the law in scholarship, commitment and integrity