Steve J. Tenai

Biography

Steve Tenai's practice includes class action, securities, corporate, commercial and oppression litigation. He is Co-Chair of our Class Actions Team. In addition to defending companies and individuals in class action law suits, he has represented various major Canadian companies in corporate and commercial disputes over a broad range of issues. He has significant experience in responding to investigations by securities regulators, including within the context of cross-border investigations by securities and law enforcement agencies and class action litigation.

Mr. Tenai has further litigated public law and copyright matters and advised clients on matters of broadcasting law. He has acted in a variety of civil and administrative matters before trial and appellate courts and a number of tribunals including the Ontario Securities Commission.

Year of Call

• Ontario Bar 1992

Law School

• LL.M., University of Michigan, 2000
• LL.B., University of Toronto, 1990

EDUCATION

• B.A., University of Toronto, 1987

Selected Client Work

• Acting for Gildan Activewear Inc. in defending shareholder misrepresentation class action litigation regarding earnings guidance, including proposed civil secondary market liability claims under recent amendments to the Ontario Securities Act
• Counsel to SunOpta Inc. in defending a shareholder misrepresentation class action suit regarding the company's restatement of quarterly financial results, including proposed civil secondary market liability claims under the Ontario Securities Act
• Member of legal team representing BCE Inc. and Bell Canada before the Supreme Court of Canada relating to the $51.7 billion privatization of BCE
• Co-counsel in defending securities-related class actions brought against Nortel Networks Corporation and in the settlement of those class actions as part of a global resolution of several Canadian and US class actions
• Acted for Nortel Networks Corporation in its OSC settlement relating to the company's restatement
• Counsel to an officer of Research In Motion in litigation concerning stock option grants
• Counsel to Royal Group Technologies Limited and two outside directors in defending securities-related class action and on the settlement approval hearing
• Counsel to Bell Canada International (BCI) on multiple class actions brought by shareholders and debentureholders arising from BCI's recapitalization
• Member of the defence team representing Ravelston Corporation and Lord Conrad Black on various matters concerning Hollinger Inc. 
• Co-counsel on the successful defence of outside directors in a leading Ontario case (Peoples Jewellers) dealing with the personal liability of directors for alleged misrepresentations in a securities offering
• Represented a Canadian financial institution in the first Canadian case to consider employee drug testing under federal human rights legislation
• Appeared before the Supreme Court of Canada on a Charter challenge (Thibaudeau v. Canada) to the former Income Tax Act provisions that required child support payments to be included in the taxable income of the recipients
• Acted on the defence of a copyright and moral rights infringement claim relating to an international hit song

Publications

• Steve Tenai, "The Oppression Remedy in a Class Action Environment", The Canadian Institute's 6th Annual Advanced Forum on Securities Litigation, 2006
• Steve Tenai and Sarah McLean, "Securities Related Class Actions - What Lies Ahead for Directors and Officers", The Canadian Institute's 9th Annual Conference on Directors' & Officers' Liability, 2005
• Steve Tenai, "Differing Rights Against Self-Incrimination", The Canadian Institute's 4th Annual Advanced Forum on Securities Litigation, 2004
• John B. Laskin and Steve Tenai, "Leafleting at secondary sites constitutionally protected." (1999) 18 Leg. Alert 57 
• John B. Laskin and Steve Tenai, "Corporation challenges constitutionality of regulatory regime as infringement of mobility rights." (1999) 17 Leg. Alert 84 
• John B. Laskin and Steve Tenai, "Search warrant not required before request for seizure of off-shore accounts." (1998) 17 Leg. Alert 25 
• John B. Laskin and Steve Tenai, "SCC reads protection against discrimination on basis of sexual orientation into Alberta's human rights legislation." (1998) 17 Leg. Alert 17 
• John B. Laskin and Steve Tenai, "Charter prohibits interference with security against unreasonable searches and seizures." (1997) 16 Leg. Alert 17 
• John B. Laskin and Steve Tenai,"Charter protects privacy rights over off-shore bank accounts." (1996) 15 Leg. Alert 41 
• John B. Laskin and Steve Tenai,"Discrimination on basis of sexual orientation not prohibited in Alberta." (1996) 15 Leg. Alert 9 
• John B. Laskin and Steve Tenai, "Ban on tobacco advertising violates Charter." (1995) 14 Leg. Alert 57 
• John B. Laskin and Steve Tenai, "Supreme Court of Canada upholds commission's investigative powers." (1995) 14 Leg. Alert 17 
• Laurence A. Pattillo and Steve Tenai, "Riparian Rights and Nuisance Rights of Upstream and Downstream Property Owners" (paper for Canadian Bar Association - Ontario Continuing Legal Education conference, Real Estate on the Waterfront "Water Water Everywhere . . ." Environmental, Conveyancing, Conservation and Other Legal Issues, February 22, 1991)

Speaking Engagements

• Has spoken at a number of conferences on such topics as coordinating defences and investigations in cross-border securities litigation, trends in class action litigation and the oppression remedy.

Memberships and Activities

• Canadian Bar Association
• The Advocates' Society