litigation 

 

 

For companies that operate around the world and in highly competitive industries, commercial disputes are an unavoidable risk of doing business. Whichever side of the complaint a company is on, it requires the services of a law firm that will tenaciously pursue its commercial interests before all levels of courts, regulators, commissions, administrative tribunals and arbitral panels.

McMillan's Litigation Group helps clients when the stakes are at their highest—in litigation matters that can determine the fate of the company. The skill and experience of our lawyers help us successfully represent Canadian and international clients facing virtually any type of business dispute, in almost any forum across Canada.

Our approach is characterized by exemplary and efficient client service combined with sophisticated, intelligent and pragmatic advice. While we are staunch advocates for our clients' commercial interests, we also recognize that the best path to a solution may sometimes be through alternative dispute resolution or a creative settlement. At the same time, however, we approach every client matter prepared to proceed to trial.

Our accomplished team includes litigation, arbitration and dispute resolution specialists who operate at the top of their fields. Our group includes lawyers with training in common law and civil law systems, and fluency in multiple languages including both of Canada's official languages. We have extensive experience in domestic, cross-border, and international litigation, arbitration and mediation.

McMillan is frequently retained to assert and protect business clients' rights and to defend their products and brands. We also regularly represent and advise governments, agencies, tribunals, international panels and organizations.

  • Defended Mastercard in relation to five class-action lawsuits pertaining to rules related to interchange fees
  • Acted in hundreds of franchise/dealership termination cases for suppliers, manufacturers and franchisors including Honda, Porsche, Mercedes, Sobeys and Transat
  • Represented 12 client groups to defend almost 40 different auto parts class actions throughout Canada
  • Acted for an international engineering firm with respect to a multimillion dollar claim arising from the repair of the Rainbow Bridge owned by the Niagara Falls Bridge Commission
  • Acted for Miller Brewing Company in dispute with Molson Coors regarding its Canadian license agreement
  • Acted for Samsung Canada Inc. in class action proceedings related to Galaxy Note7, GS7 Edge and GS7 smartphones
  • Acted for a group of institutional bondholders in challenging the $52-billion leveraged buyout (LBO) of BCE based on securities law and oppression remedy recourses
  • Defended Netflix in a Quebec class action matter
  • Counsel to Auora Cannabis in OSC hearing regarding its contested hostle takeover of CanniMed Therapeutics Inc.
  • Acted on Club Resorts Ltd. v. Van Breda which clarified the "real and substantial connection" test as a conflicts rule in private international law
  • Acted for ESL (Sears Canada) in connection with the largest CCAA proceedings at the time
  • Canadian defence counsel to Citibank in connection with a proposed class-action claim involving SSA bonds.
  • Lead counsel in defence of 15 national class-actions in Canada related to the novel anticoagulant drug Pradaxa.
  • Defended JP Morgan in relation to the Competition Bureau’s inquiry into alleged price-fixing in relation to LIBOR
  • Acted for a listed international energy company in a US$1.4 billion dispute arising from a long-term gas supply contract and successfully defended subsequent court challenges; client was awarded US$1.3 million in costs
October 2019

Employment and Labour Bulletin

October 2019

Intellectual Property Bulletin

September 2019

Employment and Labour Bulletin

September 2019

Litigation Bulletin

June 2019

Litigation Bulletin

June 2019

Intellectual Property Bulletin

June 2019

Litigation Bulletin

May 2019

Privacy Law Bulletin

May 2019

Intellectual Property Bulletin

May 2019

Restructuring, Litigation and Business Law Bulletin

May 2019

International Trade Bulletin

April 2019

Transportation Bulletin

April 2019

Competition and Antitrust Bulletin

April 2019

Transportation Bulletin

April 2019

Construction Bulletin

April 2019

Litigation Bulletin

November 2018

Privacy Law Bulletin

July 2018

Franchise and Distribution 

July 2018

Litigation Bulletin

July 2018

Litigation Bulletin

June 2018

Litigation and Construction Bulletin

June 2018

Litigation and Administrative Law Bulletin

June 2018

Real Estate / Litigation Bulletin

May 2018

Litigation Bulletin

April 2018

Litigation Bulletin

April 2018

Privacy and Data Security Bulletin

March 2018

Litigation and Intellectual Property Bulletin

March 2018

Construction Law Bulletin

March 2018

Business Law and Litigation Bulletin

March 2018

Procurement, Litigation and Construction Law Bulletin

March 2018

Litigation Bulletin

February 2018

Construction Law Bulletin

February 2018

Securities Litigation Bulletin

February 2018

Securities Litigation and Employment Law Bulletin

February 2018

Franchise & Distribution Bulletin; Litigation Bulletin; Business Litigation Bulletin

January 2018

Litigation and International Trade Bulletin

January 2018

Litigation and Intellectual Property

January 2018

Employment and Labour Bulletin

January 2018

Litigation Bulletin

December 2017

Construction Law Bulletin

December 2017

Employment and Labour Bulletin

December 2017

Real Estate Litigation Bulletin

December 2017

Employment Law and Litigation Bulletin

November 2017

Litigation, Business Litigation, and
Franchise & Distribution Bulletin

November 2017

Employment and Labour Bulletin

October 16, 2017
The Use of Technology and e-Discovery Principles Beyond Traditional Civil Litigation, The Advocates' Society
August 2017

Litigation Bulletin

July 2017

Litigation Bulletin

July 2017

Litigation Bulletin

June 2017

Litigation Bulletin

June 2017

Litigation and Privacy Bulletin

June 2017

Employment and Labour Bulletin

June 2017

Employment and Labour Law Bulletin, Litigation Bulletin

June 2017

Employment and Labour Law Bulletin

June 2017

Litigation Bulletin

June 2017

Employment and Labour Bulletin

June 2017

Transportation Bulletin

June 2017

Litigation, Franchise and Distribution Bulletin

June 2017

Litigation, Business Law and Technology Bulletin

June 2017

Employment and Labour Bulletin

May 2017

Litigation Bulletin

May 2017

Transportation Bulletin

May 2017

Transportation Bulletin

May 2017

Intellectual Property Bulletin

May 2017

Litigation Bulletin

May 2017

Employment and Labour Relations Bulletin

April 2017

Restructuring and Insolvency Bulletin

April 2017

Litigation Bulletin

April 2017

Litigation Bulletin

March 2017

Employment and Labour Bulletin

March 2017

Litigation Bulletin

March 2017

Litigation Bulletin

February 2017

Intellectual Property and Litigation Bulletin

February 2017
February 2017

Litigation Insolvency and Restructuring Bulletin

February 2017

Intellectual Property Bulletin

February 2017

Litigation Bulletin

February 2017

Immigration

January 2017

Privacy and Class Action Bulletin

January 2017

Litigation Bulletin

January 2017

Employment and Labour Bulletin

January 2017

Employment & Labour Bulletin

January 2017

Litigation Bulletin

January 2017

Litigation Bulletin

December 2016

Commercial Real Estate Bulletin; Litigation Bulletin

November 2016

Litigation Bulletin

November 2016

Litigation Bulletin

November 2016

Litigation Bulletin

November 2016

Litigation Bulletin

November 2016

Litigation Bulletin

October 2016

Litigation and Insolvency and Restructuring Bulletin

October 2016

Litigation Bulletin

October 2016

Litigation Bulletin

October 2016

Real Estate Bulletin

October 2016

Administrative Law Bulletin

October 2016

Franchise Bulletin

September 2016

Competition and Antitrust Bulletin

September 2016

Employment and Labour Bulletin

September 2016

Litigation Bulletin

September 2016

Litigation Bulletin

Litigation Bulletin

August 2016

Keeping Tabs

August 2016

Transportation Bulletin

August 2016
Employment and Labour Bulletin
August 2016
Employment and Labour Bulletin
August 2016

Litigation and Employment and Labour Relations Bulletin

July 2016
Litigation Bulletin
July 2016
Employment and Labour Bulletin
July 2016
Litigation/Anti-Corruption Bulletin
June 2016
Litigation and Commercial Law Bulletin
June 2016
Employment and Labour Relations Bulletin
Labour Notes (LexisNexis)
June 2016
Litigation Bulletin
May 2016
Restructuring and Insolvency Bulletin
Lexology
May 2016
Employment and Labour Relations Bulletin
May 2016
Employment and Labour Bulletin
April 2016
Transportation Bulletin
April 2016

Litigation Bulletin

April 2016
Franchise Bulletin
April 2016
Transportation Bulletin
April 2016

Litigation Bulletin

April 2016
Litigation Bulletin
March 2016
Litigation Bulletin
March 2016
Employment and Labour Bulletin
March 2016
Employment and Labour Bulletin
February 2016
Privacy Bulletin
February 2016
Litigation Bulletin
2016

Law Business Research

2015
Assocation of Certified Forensic Investigators of Canada
December 2015
Canadian Privacy Law Review, Vol. 13, No. 1
December 2015
Automotive Bulletin
December 2015
Litigation Bulletin
November 2015
Litigation Bulletin
TerraLex
November 2015
Privacy Bulletin
September 2015
September 2015
Litigation Bulletin
September 2015
Litigation Bulletin
August 31, 2015
ACFR Canadian Fraud Conference
Toronto Fraud Summit 2015, Ottawa, ON
August 2015
Litigation Bulletin
July 2015
Litigation Bulletin
July 2015
Administrative Law Bulletin
June 2015
Litigation Bulletin
June 2015
Administrative Law Bulletin
Litigation Bulletin
March 2015
Litigation Bulletin
March 2015
Financier Worldwide
March 2015
Class Action Bulletin
March 2015
Litigation Bulletin
March 2015
Intellectual Property Bulletin
February 2015
Litigation Bulletin
January 2015
Litigation Bulletin
January 2015
Litigation Bulletin
January 2015
Litigation Bulletin
December 2014
Litigation Bulletin
December 2014
Litigation Bulletin
December 2014
Litigation Bulletin
November 2014

Litigation Bulletin

November 2014

Privacy Bulletin

October 2014

Litigation Bulletin

October 2014
Litigation Bulletin
October 2014

Class Action Bulletin

September 2014
Privacy Bulletin
September 2014
Litigation Bulletin
August 2014
Litigation Bulletin
July 2014

Consumer Protection Bulletin

July 2014
Litigation Bulletin
June 2014
Aboriginal Law Bulletin
June 2014
Aboriginal Law Bulletin
June 2014
Litigation Bulletin
June 2014
Litigation Bulletin
Litigation Bulletin
June 2014
Securities Bulletin
June 2014
Litigation Bulletin
May 2014
Litigation Bulletin
April 2014
Litigation Bulletin
April 2014
Litigation Bulletin
April 2014
Litigation Bulletin
April 2014
Litigation Bulletin
April 2014
The Advocate's Quarterly, Volume 42
March 2014
Litigation Bulletin
March 2014
Litigation Bulletin
February 2014
Litigation Bulletin
February 2014
Litigation Bulletin
January 2014
Litigation Bulletin
January 2014
Litigation Bulletin
December 2013
LexisNexis Canada
December 2013
Litigation Bulletin
November 2013
Litigation Bulletin
November 2013
Litigation Bulletin
November 2013

Class Action Bulletin

November 2013
Employment and Labour Bulletin
November 2013
Litigation Bulletin
November 2013
Litigation Bulletin
November 2013
The Advocate's Quarterly, Volume 42
August 2013
Litigation Bulletin
August 2013
Litigation Bulletin
July 2013
Litigation Bulletin
July 2013
Litigation Bulletin
July 2013
Litigation Bulletin
July 2013
Litigation Bulletin
June 2013
Litigation Bulletin
June 2013
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Toronto Law Journal
June 2013
Litigation Bulletin
May 2013
Litigation Bulletin
May 2013
Litigation Bulletin
May 2013
Litigation Bulletin
March 2013
Litigation Bulletin
February 2013
(Available in French only)
Bulletin de litige
January 2013
Litigation Bulletin
January 2013
Litigation Bulletin
November 2012
Litigation Bulletin
November 2012
Litigation Bulletin
November 2012
Litigation Bulletin
November 2012
(Available in French only)
Bulletin de litige
November 2012
Litigation Bulletin
October 2012
Litigation Bulletin
September 2012
Litigation Bulletin
September 2012
Litigation Bulletin
September 2012
Litigation Bulletin
September 2012
Litigation Bulletin
July 2012
Litigation Bulletin
June 2012
Litigation Bulletin
June 2012
Litigation Bulletin
June 2012
Litigation Bulletin
June 2012
Litigation Bulletin
May 2012
Litigation Bulletin
April 2012
Financial Services Litigation Bulletin
April 2012

Litigation Bulletin

April 2012
Litigation Bulletin
February 2012
Litigation Bulletin
February 2012
Litigation Bulletin
January 2012
Litigation and Employment Bulletin
January 2012
Litigation Bulletin
January 2012
Securities and Corporate Governance Litigation Newsletter
2012
Lexpert US Guide - Litigation
December 2011
Litigation Bulletin
December 2011
Litigation Bulletin
November 2011
Litigation Bulletin
November 2011
Litigation Bulletin
November 2011
Litigation Bulletin
November 2011
Litigation Bulletin
October 2011
Litigation Bulletin
October 2011
Litigation Bulletin
October 2011
National Banking Law Review, Lexis Nexis, Volume 30, Number 5
September 2011
Litigation Bulletin
August 2011

Advocacy and Litigation Bulletin

July 2011
Financial Services Litigation Bulletin
July 2011
Litigation Bulletin
also published in TerraLex Connections enewsletter
June 2011

Construction Litigation Bulletin

June 2011
Litigation Bulletin
June 2011
Product Liability Bulletin
May 2011
Litigation Bulletin
March 2011
Litigation bulletin
March 2011
Litigation/Oppression Remedy
Commercial Litigation Review, Volume 9, No 1
2011

Litigation Bulletin

February 2011
Litigation Bulletin
January 2011
Financial Services Litigation Bulletin
October 2010
Litigation Bulletin
2008
Commercial Litigation Brief Spring 2008