Icahn Partners LP v Lions Gate Entertainment Corp

The petitioners, shareholders of a successful public company, brought a proceeding in the Supreme Court of British Columbia to set aside transactions in which approximately $110 million of debt was converted to equity. The petitioners claimed that the transactions were oppressive or unfairly prejudicial to the shareholders' interests. Nathanson Schachter & Thompson LLP represented a participant in the transaction who acquired the shares in question. The case was brought to hearing within 3 months of the transaction and was successfully defended on its merits. An appeal was subsequently dismissed.

Kerr v Baranow

The plaintiff claimed against her common law spouse based on principles of unjust enrichment and resulting trust. She won at trial and lost in the Court of Appeal. Geoffrey Gomery of Nathanson, Schachter & Thompson LLP was retained as co-counsel to plead the case in the Supreme Court of Canada, where her appeal was allowed and a new trial was ordered. The Supreme Court's decision clarifies and restates the principles governing this kind of claim.

Lieberman v. Business Development Bank of Canada

Nathanson, Schachter & Thompson LLP successfully defended this class action at trial.  The plaintiffs, pensioners, claimed against the defendant for breach of fiduciary duty in the administration of its pension plan.  Though some breaches of fiduciary duty were found, the plaintiffs were limited to technical relief conceded by the defendant and did not recover damages.

Minera Aquiline Argentina SA v. IMA Explorations Inc. and others

Nathanson, Schachter & Thompson LLP successfully prosecuted a claim by the Argentine subsidiary of Aquiline Resources Inc., for a constructive trust in respect of the Navidad Project, a world class silver deposit in Argentina, and related properties. The case concerned the use by the defendant IMA Exploration Inc. of confidential regional exploration data to stake the properties.  In its reasons, the Supreme Court held that the use by IMA was unlawful and ordered IMA to transfer the properties to Aquiline’s subsidiary within 60 days. The defendants' appeal from the Supreme Court's decision was dismissed.

Strother v. 3464920 Canada Inc.

Nathanson Schachter & Thompson LLP represented one of Canada's national law firms in proceedings before the British Columbia Court of Appeal and the Supreme Court of Canada.    The plaintiff, a former client of the law firm, accused the law firm and one of its former partners of breach of fidicicary duty resulting from acting in a conflict of interest.  While the plaintiff achieved some success in the Court of Appeal, in the Supreme Court of Canada the law firm was exonerated of misconduct and the remedy awarded by the Court of Appeal was substantially reduced. 

Hollinger Inc. v. Radler

Nathanson Schachter & Thompson LLP successfully defended an application to continue an ex parte mareva injunction pronounced by the Supreme Court of British Columbia on October 25, 2006. The continuation application was heard over 4 days and dismissed on November 18, 2006. An application for leave to appeal to the Court of Appeal was dismissed on November 29, 2006.

Samos v. James A. Pattison and others
Nathanson, Schachter & Thompson LLP successfully defended a proposed class action in which the plaintiff sought to certify a $500 million claim alleging fraud and misrepresentation. Certification was refused and a subsequent application for reconsideration was also refused.

Inmet Mining Corp v. Homestake Canada Inc.
Nathanson, Schachter & Thompson LLP successfully prosecuted a vendor's action for breach of a contract to purchase a gold mine. The purchaser claimed that it was not required to proceed with the purchase because our client had failed to make full disclosure of facts material to the purchase. This defence failed and the trial judge awarded the vendor $88.2 million damages, which were increased on appeal. Following the appeal, our client received $111 million from the purchaser.

Bower v. Cominco Ltd.
Nathanson, Schachter & Thompson LLP successfully defended an action in which pensioners and former employees sought to recover $78 million (including interest) of pension surplus transferred between pension plans. The action was successfully defended on the basis of the plans' subsequent merger, whose legality was confirmed. The plaintiffs' appeal was dismissed as was their application for leave to appeal to the Supreme Court of Canada.

Buschau v. Rogers Cablesystems Inc.
Nathanson, Schachter & Thompson LLP defended related actions in which employees sought to recover pension surplus by forcing the wind-up of a closed pension plan following the employer's mistaken removal of funds in breach of trust. The funds were replaced, by consent, and the employees' attempts to compel termination of the plan have been successfully resisted after nine decisions in this matter to date, on September 25, 1998 , January 11, 2001 April 25, 2002 , May 1, 2003 , February 20, 2004 , May 18, 2004, June 22, 2006, September 11, 2008, and September 9, 2009.

Global Securities Corporation v. British Columbia Securities Commission
Nathanson, Schachter & Thompson LLP appeared for the respondent, Global Securities, in the British Columbia Court of Appeal and the Supreme Court of Canada on a constitutional challenge of provisions of the British Columbia Securities Act empowering the Commission to act as an evidence gatherer for the U.S. Securities and Exchange Commission.

Albion Securities Company Limited v. Milne et al
Nathanson, Schachter & Thompson LLP successfully prosecuted claims by the plaintiffs against their former lawyers. The claims were complicated by denials of coverage by the lawyers' insurers. Through multi-party mediated negotiations involving the defendants and their insurers, Nathanson, Schachter & Thompson negotiated a recovery of $10.475 million or 85% of the loss sustained for our clients.

Nutreco Canada Inc. v. F. Hoffman LaRoche Ltd. et al
Nathanson, Schachter & Thompson LLP successfully prosecuted claims involving a conspiracy to fix prices for industrial vitamins to settlement negotiations in Canada and Switzerland. The negotiations followed our successful defence of a defendant's challenge to the jurisdiction of the British Columbia court.

Walcott v. London Life Insurance Company and Young v. Shell Canada Limited
Nathanson, Schachter & Thompson LLP participated in the defence of multi-jurisdictional class actions which were successfully resolved by settlements which have been approved by the courts. The Walcott action involved a claim against an insurer for alleged misrepresentation in the sale of "vanishing premium" policies. The Young action involved a claim against a gasoline retailer for the sale of gasoline containing an allegedly damaging additive.