Five firms dominating the litigation landscape in Canada in recent years

Gowling WLG, McCarthy Tétrault, Goodmans, Borden Ladner Gervais, and Fasken Martineau DuMoulin – which are among the country’s most active law firms – have a strong presence litigating recent matters before the Federal Court of Appeal.

Gowling WLG

The firm’s cases before the Federal Court of Appeal include The Prince Edward Island Potato Board v. The Minister of Agriculture, A-135-23, heard on Feb. 7. The firm – through Duncan Boswell, Mark Ledwell, and John Wilson – represented the appellant, which alleged that the application judge erred in interpreting s. 15(3) of the Plant Protection Act, 1990.

Another case the firm handled is Regional Municipality of Halton v. Canadian Transportation Agency, A-95-22, heard by the Federal Court of Appeal last June 7. The firm – via Richard Dearden and Rodney Northey – advised the appellants, which sought to set aside the Canadian Transportation Agency’s determination regarding the Canadian National Railway Company’s application under s. 98(2) of the Canada Transportation Act, 1996.

McCarthy Tétrault LLP

The firm has litigated before the Federal Court of Appeal, including in Privacy Commissioner of Canada v. Facebook, Inc., A-129-23, heard on Feb. 21. The firm – through Connor Bildfell, Michael Feder, Daniel Glover, Gillian Kerr, and Barry Sookman – acted for the respondent. This appeal arose from the dismissal of the Office of the Privacy Commissioner’s application under s. 15(a) of the Personal Information Protection and Electronic Documents Act, 2000.

Another case the firm tackled is Bayer Inc. v. BGP Pharma ULC d.b.a. Viatris Canada, A-283-23, heard by the Federal Court of Appeal on Feb. 13. The firm – via James Holtom, Sanjaya Mendis, David Tait, and Veronica Van Dalen – represented the appellants, which wanted the appeal court to uphold a decision of the health minister.

Goodmans LLP

The Federal Court of Appeal has scheduled the related cases of Google LLC v. Sonos Inc., A-207-22 and Google LLC v. Sonos Inc., A-208-22 for hearing on Mar. 6. The firm – through Andrew Brodkin and Sarah Stothart – advised the appellant, which challenged a judgment and costs order relating to a patent infringement lawsuit.

Another case in which the firm was involved was Janssen Inc v Apotex Inc, A-229-23, heard by the Federal Court of Appeal last Dec. 7. The appeal alleged that the making, constructing, using, or selling of a product in accordance with an abbreviated new drug submission would infringe certain patent claims. The firm – via Andrew Brodkin and Daniel Cappe – acted for the respondent.

Borden Ladner Gervais LLP

The firm’s litigation before the Federal Court of Appeal includes its work in Canadian National Railway Company v. Canadian Transportation Agency, A-207-23, heard last Nov. 29. The firm – through Nadia Effendi and Benedict Wray – represented the appellant, which sought to set aside a decision of the Canadian Transportation Agency.

Another case with which the firm dealt was Difederico v. Amazon.com, Inc., A-189-22, heard by the Federal Court of Appeal last Apr. 17. The appeal alleged that a motion judge failed to give the United Nations Foreign Arbitral Awards Convention Act an interpretation harmonious with the Commercial Arbitration Act, 1985. The firm – via Subrata Bhattacharjee, Pierre Gemson, and Caitlin Sainsbury – advised the respondents.

Fasken Martineau DuMoulin LLP

The Federal Court of Appeal heard Compagnie de Chemin de fer Canadien Pacifique c. Denis Sauvé, A-7-23 on Feb. 22. The firm – through Emilie Paquin-Holmested and Michael Shortt – acted for the appellant, which challenged the Federal Court’s rejection of a request for judicial review of an arbitral decision partially upholding the respondent’s unjust dismissal complaint under s. 240 of the Canada Labour Code, 1985.

The firm was also involved in GCT Canada Limited Partnership v. ILWU Ship and Dock Foremen Local 514, A-150-23, heard by the Federal Court of Appeal on Jan. 30. The firm – via Stéphane Fillion – assisted the Maritime Employers Association. A judicial review application challenged the Canada Industrial Relations Board’s decision, which found a contravention of s. 135(7)(e) of the Canada Labour Code.

See the full list of Canada’s most active law firms for litigation at CL+, a legal competitor analysis tool and subscriber-only service. As of the time of writing, Gowling WLG has 159 cases in the CL+ case database. McCarthy Tétrault has 126, Goodmans has 92, BLG has 88, and Fasken has 84.