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In addition to the firm’s recognition, 11 of our partners have been individually recognized. Congratulations to Brian Gover, Paul Le Vay, Luisa Ritacca, Brendan van Niejenhuis, Andrea Gonsalves, Nader Hasan, Gerald Chan, Ted Marrocco, Justin Safayeni, Fredrick Schumann and Carlo Di Carlo.

To view the firm profile on Lexpert, click here.

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Our firm and lawyers had also been shortlisted for several awards, including Ontario Firm of the Year, Boutique Firm of the Year, White Collar Crime/Enforcement Firm of the Year, Trial Lawyer of the Year (Gerald Chan), and White Collar Crime/Enforcement Lawyer of the year (Gerald Chan).

Ultimately, Xaidsart won Ontario Firm of the Year and our partner Gerald Chan won White Collar Crime/Enforcement Lawyer of the Year.

We are proud of our entire team for another year of success and their ongoing commitment to achieving results for our clients through Smart Litigation.

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This case started as a class action, moved into CCAA proceedings, and evolved into a quasi-criminal prosecution in the Ontario Court of Justice after a joint investigation by the RCMP Integrated Markets Enforcement Team and the OSC Joint Serious Offences Team. Xaidsart LLP acted for Mr. Paul throughout each stage and in each forum, exemplifying our ability to represent clients in the full range of litigation matters from civil to criminal.

The case has been extensively covered in the media, including in the below sites:

• OSC moves to withdraw CannTrust charges | Financial Post
• OSC moves to withdraw charges against former CannTrust officials accused of growing pot in unlicensed areas – The Globe and Mail
• Prosecution collapses against execs caught up in CannTrust cannabis scandal | CBC News

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The article is entitled “A Tale of Two Tests; The Test for Materiality Under s. 138.3 of the Ontario Securities Act” and can be downloaded here.

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Bell denied these allegations.  It argued that the class failed to plead a reasonable cause of action.  It also brought a cross motion urging the Ontario Superior Court to decline to exercise jurisdiction because the CRTC was the appropriate forum in which these issues should be litigated.

Justice Perell agreed with Bell.  He found that the Telecommunications Act claim was not a reasonable cause of action and that the remainder of the causes of action dealt with issues within the subject matter expertise of the CRTC and should be left to that body to decide.

The decision is a reaffirmation of the Ontario Superior Court’s deferential approach to matters within the expertise of the CRTC.  It also reflects the trend in case law for courts to assess the substance of a claim, not simply the causes of action asserted, in assessing jurisdiction.

A copy of the decision can be found here.

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