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

Mr. Tenai has acted recently for the following clients as counsel or as a member of their legal team:

• 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
• SunOpta Inc. in defending shareholder misrepresentation class action litigation regarding the company's restatement of quarterly financial results, including proposed civil secondary market liability claims under the Ontario Securities Act
• BCE Inc. and Bell Canada before the Supreme Court of Canada relating to the $51.7 billion privatization of BCE
• Nortel Networks Corporation in defending multiple securities-related class actions and in the settlement of those class actions as part of a global resolution of several Canadian and US class actions
• Nortel Networks Corporation in its OSC settlement relating to the company's restatement
• An officer of Research In Motion in civil and regulatory proceedings concerning stock option grants
• Royal Group Technologies Limited and two outside directors in defending securities-related class action and on the settlement approval hearing
• Bell Canada International (BCI) on multiple class actions brought by shareholders and debentureholders arising from BCI's recapitalization
• Ravelston Corporation and Lord Conrad Black on various matters concerning Hollinger Inc. 
• Outside directors in their successful defence in a leading Ontario case (Peoples Jewellers) dealing with the personal liability of directors for alleged misrepresentations in a securities offering
• A Canadian financial institution in the first Canadian case to consider employee drug testing under federal human rights legislation
• One of the parties 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
• A client in the defence of a copyright and moral rights infringement claim relating to an international hit song

Publications

• "Managing Conflicts of Interest," Managing the Liability of Risk of In-House Counsel, Federated Press, 2009.
• "Indemnification and Legal Advances," Managing the Liability of Risk of In-House Counsel, Federated Press, 2009.
• "Oppression & The Business Judgment Rule" (co-author: Jessica Caplan), 8th Annual Advanced Forum on Securities Litigation, The Canadian Institute, 2009.
• "How Not to Strike Out: Pitfalls in Drafting and Motions to Strike" (co-author: Bradley Wells), Prepare Winning Court Documents, The Advocates Society, 2009.
• "Derivative Actions Against Directors & Officers," 11th Annual Conference on Protecting Directors & Officers from Liability, The Canadian Institute, 2007.
• "Recent Developments in Securities Litigation" (co-authors: Jeremy Devereux and Alan Mark), Lexpert Guide to U.S./Canada Cross-border Litigation, 2007. 
• "The Oppression Remedy in a Class Action Environment," 6th Annual Advanced Forum on Securities Litigation, The Canadian Institute, 2006.
• "Securities Related Class Actions - What Lies Ahead for Directors and Officers" (co-author: Sarah McLean), 9th Annual Conference on Directors' & Officers' Liability, The Canadian Institute, 2005.
• "Differing Rights Against Self-Incrimination," 4th Annual Advanced Forum on Securities Litigation, The Canadian Institute, 2004.
• "Leafleting at secondary sites constitutionally protected" (co-author: John B. Laskin), 18 Leg. Alert 57, 1999.
• "Corporation challenges constitutionality of regulatory regime as infringement of mobility rights" (co-author: John B. Laskin), 17 Leg. Alert 84, 1999. 
• "Search warrant not required before request for seizure of off-shore accounts" (co-author: John B. Laskin), 17 Leg. Alert 25, 1998.
• "SCC reads protection against discrimination on basis of sexual orientation into Alberta's human rights legislation" (co-author: John B. Laskin), 17 Leg. Alert 17, 1998.
• "Charter prohibits interference with security against unreasonable searches and seizures" (co-author: John B. Laskin), 16 Leg. Alert 17, 1997.
• "Charter protects privacy rights over off-shore bank accounts" (co-author: John B. Laskin), 15 Leg. Alert 41, 1996. 
• "Discrimination on basis of sexual orientation not prohibited in Alberta" (co-author: John B. Laskin), 15 Leg. Alert 9, 1996.
• "Ban on tobacco advertising violates Charter" (co-author: John B. Laskin), 14 Leg. Alert 57, 1995. 
• "Supreme Court of Canada upholds commission's investigative powers" (co-author: John B. Laskin), 14 Leg. Alert 17, 1995.
• "Riparian Rights and Nuisance Rights of Upstream and Downstream Property Owners" (co-author: Laurence A. Pattillo), Real Estate on the Waterfront "Water Water Everywhere...," Environmental, Conveyancing, Conservation and Other Legal Issues, Ontario Continuing Legal Education Conference, Canadian Bar Association, February 1991.

Speaking Engagements

• Mr. Tenai 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, the oppression remedy, derivative actions and civil litigation practice.

Rankings and Recognitions

• Canadian Legal Lexpert Directory - "Repeatedly Recommended Counsel," Class Action Litigation and Securities Litigation
• The Best Lawyers in Canada, 2010 - Corporate and Commercial Litigation, Securities Litigation
• Lexpert's Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, 2007 - "Litigation Lawyer to Watch"
• BV Martindale-Hubbell Peer Review Rating

Memberships and Activities

• Canadian Bar Association
• The Advocates' Society