William Hesler, QC

Biography

William Hesler's trial practice before the Quebec Superior Court and the Federal Court of Canada focuses on engineering and scientific questions, commercial contracts, securities law, class actions and claims against government. His appellate experience covers a wide range of topics before the Supreme Court of Canada, the Federal Court of Appeal, and the Quebec Court of Appeal. He has also appeared before the Quebec Securities Commission, the Bureau de décision et de révision en valeurs mobilières du Québec, the Ontario Securities Commission, and the Canadian Transportation Agency.

Mr. Hesler frequently advises on the management of multiple jurisdiction litigation and on strategies for the conduct and settlement of major litigation matters.

Mr. Hesler was head of our Litigation Group from 1985 to 1993 and a member of the Executive Committee from 1993 to 2001. From 1996 to 1997, he was the partner responsible for the establishment of our Toronto office. He is currently Chair of our Ethics and Conflicts of Interest Committee.

Year of Call

• Quebec Bar 1968

Law School

• LL.L., Université de Montréal, 1967

EDUCATION

• B.A., Queen's University, 1964

Selected Client Work

Class actions

• Represented a life insurance company in the certification hearing of claims relating to the netting of government annuities against disability payments
• Represented a pharmaceutical manufacturer in the certification proceedings of claims relating to cardiovascular and pulmonary health problems associated with a weight loss drug
• Represented a pharmaceutical manufacturer in the certification proceedings of claims relating to circulatory problems associated with a birth control patch
• Represented a pharmaceutical manufacturer in the certification proceedings of claims relating to heart problems associated with a gastrokinetic drug
• Represented a pharmaceutical manufacturer in the certification proceedings of claims relating to osteonecrosis associated with a drug used in the treatment of osteoporosis
• Represented a bank in the appeal from a decision of the Quebec Superior Court refusing to recognize an Ontario judgment approving a settlement of a class action relating to mortgage payout charges
• Represented an actuarial firm in two class actions relating to the investment policies of pension funds
• Represented a bank in the pre-certification dismissal of claims relating to pre-authorized debit charges
• Represented a national department store chain at the trial of a class action relating to credit card interest rates, and again on the appeal from the judgment dismissing the action

Commercial Contract Claims

• Represented a Canadian aerospace subcontractor in proceedings against a US commercial aircraft manufacturer
• Represented a US textile manufacturer in the settlement of an action relating to the termination of a joint venture agreement with a Canadian distributor
• Represented a Canadian engineering firm in the settlement of an action relating to the termination of a joint venture agreement for the construction of a power generating station in China
• Represented a Canadian chartered bank in the trial of the trustee's challenge to the netting of related company balances prior to the bankruptcy of an international container line
• Represented a financial institution in arbitration proceedings relating to the breach of an exclusivity agreement

Corporate and Securities Matters

• Counselled a pension fund committee in regard to claims relating to a defaulting hedge fund
• Represented one of three corporate shareholders in injunction proceedings to block the exercise of a shot-gun takeover of a joint-venture corporation
• Represented a corporation in securities commission proceedings in review of an employee stock purchase plan
• Represented a closed-end mutual fund in the trial of proceedings challenging control of the fund's management
• Represented a derivatives exchange at the trial of actions in damages by 60 floor traders following the exchange's conversion to electronic trading

Injunctions and Special Remedies

• Acted as counsel in Anton Piller proceedings against a software developer
• Represented a pulp and paper company in the defence of proceedings relating to the impact of forestry operations on aboriginal treaty rights
• Represented a container terminal operator in proceedings to annul a federal Cabinet decision

Product Liability

• Represented the designer/manufacturer in the settlement of an action relating to cracks in the steel components of a nuclear reactor
• Represented the designer/manufacturer in the trial of several actions relating to the collapse of a vertical lift bridge as a result of metal fatigue produced by the owner's modifications
• Represented the manufacturer in an action relating to fatigue cracking in a steel blender for the production of metal powders
• Represented a clothing manufacturer in an action against a supplier of defective fabric
• Represented the manufacturer of industrial plastic bags in an action against the supplier of defective resins

Rankings and Recognitions

• Canadian Who's Who
• Who's Who in Canadian Law
• Canadian Legal Lexpert Directory,
• 2007 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
• 2007 Chambers Global Guide to the World's Leading Lawyers for Business
• The Best Lawyers in Canada 2007

Memberships and Activities

• Fellow, American College of Trial Lawyers (1995- )
• Quebec Province Chair (1998 - 1999)
• Former lecturer, Civil Procedure, Faculty of Law, McGill University