Graham Smith

Graham’s representative work includes acting for and advising:

• the Liquidators responsible for conducting the complex, cross-border liquidations of Confederation Life Insurance Company and Reliance Insurance Company Canadian Branch, among others, and the liquidations of Markham General Insurance Company, Canadian Millers and other domestic insurance businesses
• the Liquidator of Confederation Life in the leading case successfully opposing enforcement of arbitration clauses in insolvency
• the Court-appointed Monitor of Nortel Networks, as lead counsel in successfully defending a multi-billion dollar intercompany transfer pricing claim, now a seminal Canadian case
• the Monitor of Nortel Networks in defending a large claim by a former executive for defamation
• various court-appointed officers in the leading cases on post-filing interest in insolvency, including the successful extension of the interest-stops doctrine to CCAA proceedings, overturning previous appellate precedent
• the Liquidator of Reliance Insurance Company Canadian Branch in the leading Canadian case successfully establishing set-off in a cross-border reinsurance dispute
• the Liquidator of Reliance Insurance Company in the leading Canadian case on the recognition of foreign solvent schemes of arrangement
• the Municipal Electric Association in numerous hydro rate approval hearings before the Ontario Energy Board
• a major Toronto newspaper and prominent journalists in successfully defending numerous libel claims, including at trial, appeal and leave proceedings in the Supreme Court of Canada, and a plaintiff law firm in successfully prosecuting the leading Canadian case establishing the criteria for the statutory “retraction” defense
• a leading analytical and testing service in litigation successfully applying the “springboard” injunction doctrine
• a major brewing company in successfully defending conspiracy and partnership claims