Torys

Ontario

Review

Dispute resolution

A Toronto institution, Torys is often referenced as “the crown jewel of Bay Street,” and “the gold standard to which many others aspire.” Accolades abound from peers as well as from clients, both of whom view the firm in the same reverent light. One client extols, “They are constantly thinking outside the box, planning ahead for ways to help the business continue enhancing its risk-management programs.” Another declares, “They are smart, strategic, responsive, efficient, patient and wonderful to work with. The lawyers working on the file were excellent at communicating where things stood in the process, ensuring that I was involved at every stage, and doing so in a timely way. I was very confident that this team would do an excellent job on the file.” Another testifies, “They have a true sense of the client. They ensure they learn about the business to provide better and more catered legal advice and services. They are fierce and astute litigators.” Linda Plumpton is a noted standout not only within the firm but also among a pronounced percentage of Bay Street peers as well as her own personal fan base of clients. “Linda is a consummate litigator,” sums up one client. One peer raves, “I’m a huge Linda Plumpton fan, she is punching way above her weight. I saw her in a matter in which she was the only woman lead and she was outstanding.” A peer elaborates, “Linda can pretty much do anything, you’re seeing her everywhere now, on any type of file. She does competition, commercial, securities, you name it. She can negotiate with the best and work out solutions when called upon, but you best believe she can also go to trial.” Plumpton is acting for Anson, a Toronto-based hedge fund, in defense of a conspiracy claim alleging the client, among other entities, engaged in a manipulative “short-and-distort” scheme to generate negative publicity against the plaintiffs, and then sold their stock short. The original allegations against Anson also included additional claims of defamation, intentional interference with economic relations and unjust enrichment. Torys filed a motion to strike these allegations, which was granted, but other claims remain ongoing. Acting with Plumpton on this matter is Andrew Bernstein, whose practice also crosses over into the intellectual property arena. In the latter capacity, Bernstein has been retained to advise on a major copyright matter. David Outerberidge is representing Antorisa Investments and Active Tire & Auto Centre in a claim against the City of Vaughan for malicious prosecution, negligent investigation and abuse of process after the City prosecuted Antorisa for operating its automotive business in violation of the municipal zoning by-law. At trial on the by-law charge, the City’s witness admitted there was no basis to lay the charge. Antorisa’s claim is that the City has engaged in a targeted attack on Antorisa’s operation for improper reasons, and that the City’s investigation of the alleged by-law offense was negligently carried out. Securities star John Fabello acts for a consortium of underwriters in a proposed Ontario securities class action alleging primary and secondary market misrepresentations by CannTrust Holdings concerning allegations that it failed to disclose compliance issues related to the growth and storage of unlicensed cannabis plants. Gillian Dingle, who is acting with Fabello on this matter, is also a recipient of an increasing level of notice and commendations. “We’re seeing a lot more of Gillian,” confirms one peer, “and it definitely speaks well of her and the firm. She is hard-working and exceptional.” Other younger stars making their mark within the firm are Jeremy Opolsky and Martha MacDonald, both of whom make their debut appearances as future stars this year. Opolsky manages a broad commercial practice, while MacDonald leads the firm’s tax litigation practice, an area in which she scored a considerable and unique win on appeal for BMO in May 2020.