Toronto (Canada) – Fasken is highlighted as a key player in three cases in Lexpert®’s Top 10 Cases of 2019-2020. The list is based on an assessment of the most significant Canadian legal cases conducted over the last 24 months. Canadian courts delivered several hard-hitting decisions affecting Canadian businesses in 2019 and 2020, including the long-awaited release of the Supreme Court of Canada’s (SCC) administrative law trilogy.
Of the top ten 10 cases recognized, the Firm acted on three:
Canada (Minister of Citizenship and Immigration) v. Vavilov; Bell Canada v. Canada (A.G.) (SCC, FCA)
For Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65
For Bell Canada v. Canada (A.G.), 2019 SCC 66
In Canada (Minister of Citizenship and Immigration) v. Vavilov, the Supreme Court of Canada (SCC) decision brought a nine-year legal battle to an end, bringing further clarity to the judicial review of administrative decisions. The SCC released a landmark ruling in a trilogy of cases intended to bring clarity to the judicial review of administrative decisions. The Court adopted a revised framework for determining when the applicable standard of review is "reasonableness" or "correctness" and provided additional guidance on the proper application of the reasonableness standard, emphasizing the importance for administrative adjudicators to provide rational and coherent justifications for their decisions. This new approach was then applied in two appeals heard together as Bell Canada v. Canada (Attorney General). Fasken lawyers Gavin Cameron, Tom Posyniak, Christian Leblanc and Michael Shortt were interveners in the various matters.
Nevsun Resources Ltd. v. Araya (SCC, BCCA)
Fasken represented Nevsun in a novel and precedent setting case concerning the ability of foreign nationals to bring suits in Canadian courts for alleged human rights abuses committed abroad. The SCC ruled that, unless there is express legislation to the contrary, rules of customary international law automatically form part of Canadian domestic law, and it is reasonably possible that private actors, including corporations, can be held liable for breach of these rules. Mark D. Andrews, Q.C., Andrew I. Nathanson, Michael Parrish, Gavin Cameron, Alexandra Mitretodis, and Caroline Senini were counsel to Nevsun Resources Ltd.
TELUS Communications Inc. v. Wellman (SCC, ONCA)
In TELUS Communications Inc. v. Wellman, the Fasken team of Geoff Cowper, Q.C., Andrew Borrell, Alexandra Mitretodis, Gerry Ranking and Paul Martin secured an important victory in the SCC reinforcing the statutory and judicial policy in favour of enforcing arbitration agreements except where there is an express legislative override. The issue was an important victory for the client, for business and for the arbitration bar.
Fasken is ranked among the top litigation teams by several publications including Chambers Global, Benchmark Litigation and Best Lawyers. The Firm’s litigators act for a wide spectrum of clients including large Canadian and multinational companies, private enterprises, governments and individuals. Clients benefit from the sound principles Fasken’s Litigation and Dispute Resolution group has developed to succeed on their behalf.
About Fasken
Fasken is a leading international law firm with more than 750 lawyers and 10 offices on four continents. Clients rely on us for practical, innovative and cost-effective legal services. We solve the most complex business and litigation challenges, providing exceptional value. For additional information, please visit the Firm’s website at fasken.com.
