LAX O’SULLIVAN SCOTT LISUS LLP - Welcome to ...infofranpro.wdfiles.com/local--files/20110205-jonathan-c/20110205... · LAX O’SULLIVAN SCOTT LISUS LLP 416.598.7873 Direct ... •

Jonathan C. Lisus

Partner

LAX O’SULLIVAN SCOTT LISUS LLP 416.598.7873 Direct

416.598.3730 Fax

145 King Street West, Suite 1920

Toronto, Ontario M5H 1J8

416.598.1744

[email protected]

www.counsel-toronto.com

Mr. Lisus' practice focuses on complex commercial and constitutional litigation. He has a broad trial and

appellate practice in the Superior Court of Justice, the Ontario Court of Appeal and the Supreme Court of

Canada.

Awards and Acknowledgements

• Martindale Hubbell Pre-eminent rating - 5

• Chambers Global: The World's Leading Lawyers for Business

• The Canadian Legal Lexpert Directory: Guide to the 100 Most Creative Lawyers in Canada (2006)

• Lexpert "Top 40 under 40" (2004)

• Best Lawyers in Canada

• Canadian Who's Who, University of Toronto Press

Experience and Credentials

• Practice Areas Litigation: Franchising, Professional Liability

• University York University, B.A., 1987

• Law School Osgoode Hall Law School, LL.B., 1990

• Bar Admission Ontario, 1992

Profile Visibility

• #6 in weekly profile views out of 10,904 lawyers in Toronto, Ontario and

• #2,105 in weekly profile views out of 1,146,326 total lawyers Overall (as of Nov 12, 2010)

see http://www.martindale.com/Jonathan-C-Lisus/1333250-lawyer.htm

Representative Cases

• Stoneleigh Motors et al v General Motors of Canada Limited; 2010 ONSC 1965 (CanLII), 2010 ONSC 3045

(CanLII). Successfully represented 21 General Motors dealers from across the country in national multi-

party action against GMCL for re-instatement and damages arising out of mass termination in 2009

restructuring. Action settled, combination of re-instatements and cash payments.

• Siemens Canada Limited and PCL Constructors v The Corporation of the City of Ottawa; (2009) 93 O.R 3d

22. Successfully represented Siemens Canada and PCL against City of Ottawa for termination of contract

for Light Rail transit system. Action settled for $36.7 million payment to the plaintiffs.

• Hyundai of Thornhill v. Hyundai Auto Canada Corp; 2009 55 B.L.R. (4th) 265; Successfully represented

plaintiff in action enjoining manufacturer from appointing new dealership and terminating plaintiff’s

dealership agreement

• Bletsoe Enterprises Inc et al v. Sobeys Capital Incorporated; 2008 CanLII 61235 Successfully represented

IGA dealers in $45 million multi party breach of contract action against Sobeys Capital; action settled on

basis of cash payments and new dealer agreements.

• Neighbourhoods of Windfields Limited Partnership v. Death et al (2008) 48 M.P.L.R. (4th) 183; aff’d Ont.

C.A. 2009 O.J. 1324; leave to SCC dismissed; Successfully represented developer in enjoining use of

houses as student lodging houses. Leading authority on s35 of Planning Act.

• Axiom Plastics Inc. v. E.I. DuPont Canada Company (2008) 90 O.R. 3d 782,(2007), 87 O.R. (3d) 352: Class

co-counsel; first Competition Act price-fixing conspiracy in Canada certified as class action on contested

basis. Action ongoing.

• The Honourable Douglas Lewis v. Canadian Broadcasting Corporation, Superior Court of Justice; April

2007: Successfully represented CBC, National news anchor and journalist in trial dismissal of libel action

by former federal Minister of Justice.

• Siemens VDO Automotive Inc. v. Rhodia Canada Inc. (2005), 16 B.L.R. (4th) 336: Successfully represented

Siemens VDO enjoining unilateral termination of critical long-term automotive supply agreement.

• 1176560 Ontario Ltd. v. Great Atlantic & Pacific Company of Canada (2002) 70 O.R. (3rd) 182; (2004) 62

O.R.(3rd) 535, Class co-counsel; Successfully represented plaintiffs in leading case of defendant

misconduct during certification; largest franchise class action settlement in Canada.

• Incorporated Broadcast Ltd. v. Canwest Global Communications 63 O.R. (3rd) 431 (Ont.C.A.): Co-Counsel

to Canwest Global. Successfully stayed $450m shareholder oppression proceedings in Ontario.

• Comstock v. Atomic Energy Canada Limited 7 C.L.R. (3rd) 112 (Ont. S.C.J.): Successfully represented

AECL in determination that provincial construction legislation does not apply to federal nuclear reactors.

• Urban Outdoor Trans v. The Corporation of the City of Scarborough (2000), 52 O.R. (3rd) 593 (Ont.C.A.):

Successfully represented City of Toronto in defence of constitutionality of user fee legislation.

• Toronto Star Newspapers Ltd v Canada; 2010 SCC 21 (CanLII) Counsel for Canadian Civil Liberties

Association; constitutional validity of mandatory publication ban at bail hearing upheld.

• R v. Patrick [2009] 1 S.C.R. 579; Counsel for Canadian Civil Liberties Association; expectation of privacy

recognised in household waste; imposition of reasonable suspicion requirement prior to search.

• R v. Clayton and Farmer, [2007] 2 S.C.R. 725; Counsel for Canadian Civil Liberties Association; scope of

police powers to erect roadblocks.

• R v. A.M. (2006) 79 O.R. (3rd) 481 (Ont.C.A.): [2008] 1 S.C.R. 569; Counsel for Canadian Civil Liberties

Association; random use of police sniffer dogs in high schools ruled unconstitutional.

• Morton v. Cowan (2003), 229 D.L.R. (4th) 193 (Ont.C.A.): Counsel to physician; dismissal of action alleging

excessive prescription of narcotics.

• Mirembe v. Tarshis, 179 O.A.C. 260 (Ont.C.A.), affirming (2002), Carswell Ont. 2240 (S.C.): Counsel to

surgeon; dismissal at trial of test case of toxic side effect from common antibiotic.

• Perez (Litigation Guardian of) v. Governing Counsel of the Salvation Army in Canada, 42 O.R. (3rd) 229

(Ont.C.A.): Counsel to psychiatrist; dismissal of wrongful death action, established limitation period

applicable to psychiatric institutions.

• McSween v. Louis (1998), 187 D.L.R. (4th) 446 (Ont.C.A.): Counsel to surgeon; trial judgment for plaintiff

overturned on appeal; leading authority on general limitation period.

• Van Dyke v. Grey Bruce Regional Health Centre (2006) 255 D.L.R. 4th 397 (Ont.C.A.) reversing (2003),

O.T.C. 692 (S.C.): Counsel to surgeon; trial judgment for plaintiff overturned on appeal; leading authority

on principles of causation.

Current Representative Mandates

• Counsel to national franchise chain in $65 million breach of contract action.

• Counsel to Siemens Canada Limited in $40 million breach of contract and negligence action against J.D.

Irving Equipment and others.

Professional and Community Involvement

• Appointed Member; Chief Justice of Ontario’s Advisory Committee on Professionalism

• Co-founder and Director Lawyers International Food Enterprise

• Appointed Member; Advocates Society Board of Directors; 2007-2010

Articles

• Court gives green light to suit by GM dealers, The Globe and Mail, Greg Keenan, April 21, 2010,

http://www.wikidfranchise.org/20100421-court-gives

• GM Canada, 21 dealers settle suit, The Globe and Mail, Greg Keenan, August 23, 2010,

http://www.wikidfranchise.org/20100823-gm-canada

• GM to retain 13 dealers it wanted to close, Auto giant agrees to keep dealers open and give more compensation

to stores that will close, The Toronto Star, Tony Van Alphen, August 24, 2010,

http://www.wikidfranchise.org/20100824-gm-to

• Several GM Canada dealers will remain open following legal settlement, Kristine Owram,

http://www.winnipegfreepress.com, August 24, 2010, http://www.wikidfranchise.org/20100824-several-gm

• Bay Street star switches teams, Law Times, Julius Melnitzer, October 18, 2010,

http://www.lawtimesnews.com/201010187731/Headline-News/Bay-Street-star-switches-teams,

http://www.wikidfranchise.org/20101016-bay-street