F. Paul Morrison

Paul’s career has been characterized by numerous lengthy and complex trials. He has represented some of the world’s most prominent institutions and corporations in litigation involving hundreds of millions of dollars. Examples include the following:

• represented The Toronto-Dominion Bank in the successful defence of a prosecution before the Competition Tribunal by the Commissioner of Competition;
• represented Leon’s Furniture Limited and the Brick Limited in litigation commenced by the Commissioner of Competition;
• represented CGI Information Systems & Management Consultants Inc. in the successful prosecution of litigation relating to the computerization of Ontario’s health records;
• acted for Hollinger International Inc. in highly publicized litigation against Lord Conrad Black and his affiliated companies, Hollinger Inc. and Ravelston Management Inc., arising out of alleged misuse of Hollinger International assets and funds;
• acted for one of the world’s largest mining companies in heavily contested arbitration proceedings concerning extensive mining properties in Northern Ontario;
• represented the Pepsi-Cola Company in the successful defence of an action by the Consumers’ Association of Canada claiming environmental damages of hundreds of millions of dollars;
• acted for Clifford Chance, the world’s largest law firm, in the successful defence of an action by four Canadian chartered banks, claiming approximately $2 billion arising out of the failure of the Canary Wharf Project in London, England;
• acted for Unilever PLC in the trial of damages arising out of the infringement of Unilever’s patent by Procter & Gamble Company in the production and sale of the dryer sheet product, “Bounce”. This was one of the longest patent damages trials in Canadian history and concluded shortly before the release of judgment in one of Canada’s largest patent damage settlements;
• counsel for the Bank of Nova Scotia in a lengthy precedent-setting hearing before the Competition Tribunal of Canada, in the successful defence of allegations of abuse of dominant position;
• successfully represented Borealis Inc. in the defence of securities class proceedings arising out of the acquisition by Borealis of Teranet Inc.;
• represented Scotia Waterous Inc., an affiliate of the Bank of Nova Scotia, in the successful defence of multi-jurisdictional litigation arising out of the purchase of international oil and gas advisory firm Waterous & Co.;
• represented the Pepsi-Cola Company in the successful defence of a claim for approximately $200 million by renowned Toronto lawyer Thomas Baker and related corporate entities;
• acted for the Ford Motor Company in contested CCAA proceedings arising out of the insolvency of the AG Simpson Group, a leading Canadian automobile parts manufacturer;
• represented RBC Dominion Securities Inc. in multifaceted litigation arising out of highly publicized multimillion dollar defalcations by the investment banker, Christopher Horne;
• represented the Canadian National Railway in a trial lasting more than one year, arising out of a massive multi-building fire in Oakville, Ontario resulting from railway operations; and
• counsel on behalf of the defence in the “test case” of allegations that the pertussis vaccine administered through public health authorities to newborn infants caused massive and permanent brain damage in children. The defence was successful at all levels, up to and including the Supreme Court of Canada.

Paul has an unparalleled reputation and experience in the defence of class proceedings. Some examples:

• represented The Toronto-Dominion Bank in the defence of class proceedings in several Canadian provinces;
• represented Sun Life Assurance Company in the defence of class proceedings by a proposed class of hundreds of thousands of holders of life insurance policies issued by Metropolitan Life Insurance Company before the acquisition by Sun Life of MetLife’s Canadian insurance business;
• represented Teranet Inc. in the successful defence of class proceedings brought on behalf of licensed land surveyors claiming copyright in plans of survey;
• represented the Government of Ontario in the defence of highly publicized class proceedings arising out of the widespread contamination of the water supply in Walkerton, Ontario that resulted in seven deaths and illness to thousands of inhabitants of the Walkerton area. He was instrumental in fashioning a unique and widely-acclaimed settlement of this complex class action;
• successfully represented BCE Inc. in the defence of two substantial class proceedings instituted by former debenture holders and by minority shareholders of BCE subsidiary, Bell Canada International Inc. (“BCI”), arising out of the implementation of BCI’s recapitalization;
• represented the National Money Mart Company in the defence of cross-Canada class proceedings based on claims of charges of interest at unlawful, criminal rates;
• represented Schering Plough Inc. in the successful defence of class proceedings alleging misrepresentations with respect to the leading sun protection product, Coppertone;
• represented Degussa AG, a leading chemical manufacturer and its affiliates, in the defence of cross-Canada class proceedings based upon allegations of a world-wide price-fixing conspiracy in the sale of vitamins for use in animal feed. This resulted in the largest settlement of its kind in Canadian class action history;
• represented the General Electric Company in the defence of multiparty class proceedings, which culminated in a comprehensive settlement, a feature of which was the issuance of the first Bar Order in the history of class actions in Canada;
• represented Clarica Life Insurance Company (now Sun Life Assurance Co.) in successfully opposing certification in a proposed class action on behalf of 240,000 policyholders claiming entitlement to premium off-set in the sale of life insurance policies;
• represented Toronto-Dominion Bank and Canada Trust Company in the successful defence of actions alleging improper charges in connection with residential mortgage prepayments;
• represented of TD Securities Inc. in the defence of cross-border shareholder class actions arising out of the IPO of FMF Capital Group; and
• counsel for AirBus SA in the defence of class actions arising out of the landing mishap of Air France Flight 358 at Toronto International Airport.