Recent Work

Business

We acted for Arcelor S.A. of Luxembourg, the number one steel company in the world, in its $5.6 billion acquisition of Hamilton's Dofasco Inc.

We assisted Metro Inc. in its $1.7 billion acquisition of A&P Canada, Ontario's second largest food retailer.

We represented RONA Inc., Canada's largest distributor of hardware, home renovation and gardening products, in its $100 million acquisition of Totem Building Supplies, a leading home improvement retailer in Alberta.

Litigation

We acted as Counsel to Pfizer Canada Inc. and Pfizer, Inc. in a class action relating to the marketing and sale of Lipitor in Québec, a leading cholesterol medication.

Ogilvy Renault Co-Chairman, L. Yves Fortier, was appointed Chairman of an Arbitral Tribunal to hear a dispute between three shareholders in Yukos Oil Corporation OJSC and the Russian Federation. This marked the largest treaty dispute in history, involving claims for expropriation totalling US$33.1 billion.

Chaired Court of Arbitration for sports arbitration panels in several doping-related cases involving US and Greek sprinters competing at the world level, including sprinters charged with participating in the Bay Area Laboratory Cooperative doping conspiracy, and of falsifying doping control information in the 2004 Athens Olympic Games.

Intellectual Property

Successfully acted for Merck & Co. Inc. and Merck Frosst in an action for infringement of Merck's patent on its anti-hypertensive medicine, lisinopril.

Acting for GlaxoSmithKline Inc. and The Wellcome Foundation Limited in the damages phase of a patent infringement action concerning AZT for treatment of HIV/AIDS.

Acting for Lilly Icos LLC and Eli Lilly Canada Inc. in a continuing patent infringement action by Pfizer (based on its patent for the use of VIAGRA to treat erectile dysfunction) to stop sales of Lilly's drug CIALIS, also for use in treating erectile dysfunction.

Employment and Labour

Canadian Charter of Rights and Freedoms
Represented an employer in the cable television industry in a discrimination complaint on the basis of disability lodged by an employee with a permanent physical disability who had become disabled during a labour dispute when group insurance coverage had been suspended. The Commission dismissed the complaint.

Alcan Inc.
Successful appeal before the Québec Court of Appeal dealing with the distinction between administrative and disciplinary discharge. The Court confirmed that the clause often found in certain collective agreements, providing for loss of employment in the event of an absence without leave of more than five consecutive days, may be applied where the absence is due to imprisonment.

Sale of an Enterprise
Successfully represented Bombardier in the arbitration of a collective grievance in which employees of the Defence Services division at Mirabel claimed severance pay and other compensation as a result of the sale of their division. The arbitration board ruled the collective agreement had not been terminated by the sale and dismissed the grievance.