Mr. Casey is a partner at Baker
& McKenzie in Toronto and heads the office’s litigation practice
group. Mr. Casey practices in the field of commercial litigation, including all
types of banking, shareholder and corporate litigation, competition law,
arbitration and other forms of commercial dispute resolution. He was called to
the Bar in 1976. Mr. Casey is certified by the Law Society as a specialist in
civil litigation and practices at all levels of the Courts of Ontario as well
as the Supreme Court of Canada. He has also appeared before numerous
international arbitral tribunals. Particular areas of practice include:
- international banking, letters of credit and
trade finance disputes
- competition law and anti-trust disputes
- shareholder disputes and oppression remedies
- intellectual property and technology licensing
litigation
- insolvency and receivership proceedings
- professional liability claims (lawyers,
accountants & engineers)
Education
Carleton University,
B.Eng.
Mr. Casey is a graduate Electrical Engineer, with some training
and experience in Mechanical and Civil engineering.
University of Ottawa, LL.B
Mr. Casey graduated Magna Cum Laude in 1974 from the University of Ottawa
Common Law program.
Osgoode Hall Law School,
LL.M.
Mr. Casey has his Masters Degree in international business law
from the Osgoode Hall Law School of York University in Toronto.
Other Professional Associations
Law Society of Upper Canada
Fellow, Chartered
Institute of Arbitrators
Advocates Society
International Bar
Association
Canadian Bar Association
County of York Law
Association
Professional Activities
Litigation
Mr. Casey has taught advanced civil
procedure and trial tactics at the Bar Admission Course for the Law Society of
Upper Canada and is a former editor of the Advocates Society Journal. He is
also a director of the Advocates Society, the leading Canadian trial lawyers
association. He has written and spoken in many areas of commercial litigation,
including participation as a speaker on such topics as letters of credit,
mortgage and secured transaction enforcement, receiverships, bankruptcy,
officers and directors liability and shareholder remedies for the Law Society
of Upper Canada, Insight Educational Services, the Canadian Bar Association,
the Canadian Bankers Association and the Federated Press.
Recent publications
include:
Enforcement of U.S. Judgements
in Canada, published by the U.S. National Law Journal and Applying
Angelica-Whiteware: The Fraud Exception of Letters of Credit Put into
Practice published by the Canadian Banking & Finance Law Review.
Representative cases include:
Mitten Industries (Galt) Ltd. v. Fountainland
Inc., Ontario Supreme Court – Shareholder dispute involving corporate
oppression and fraud
Mungo v. Saverino, Ontario court of Justice
(General Division) – Shareholder Dispute
City of Peterborough v. General Accident
Assurance Co., Ontario Court of Appeal – interpretation of errors and
omissions insurance policy
R. v. Archer Daniels Midland – Antitrust
Competition Act claim
Robinson Used Equipment, Barrie Ltd. v. IAC
Ltd., Ontario Supreme Court – Lender liability
Durham Condominium Corp. No. 76 v. H. Kassinger
Construction Ltd., Ontario Court of Justice (General Division) –
Damages for defective construction
Pilzmaker v. Law Society of Upper Canada,
High Court of Justice, Divisional Court – Immigration fraud
Continental Bank of Canada v. Arthur Andersen
& Co. et al, High Court of Justice – Accountant’s
Negligence
Haliburton Highlands v. Bombardier, Supreme
Court of Canada – Breach of contract
NetSys Technology Group AB v. Open Text
Corp., Ontario Superior Court of Justice – International licence
dispute
Manufacturers Life Insurance Co. v. Granada
Investments Ltd., Ontario Court of Appeal – Mortgage enforcement
Case Selection Wine Society (Receiver of) v.
Nadeau, Ontario Court of Justice – International wine futures
fraud.
Czerevko v. Zawadazki, Ontario Court of
Justice (General Division) – Commercial fraud and forgery
Wong v. 407527 Ontario Ltd., Ontario Court of
Appeal – Solicitor’s negligence
Royal Bank of Canada v. Darlington, Ontario
Court of Justice (General Division) – Letter of credit fraud
King-Yonge Properties Ltd. v. Great-West Life
Assurance Co., Ontario Court of Appeal – Misconduct of arbitrators
Arbitration
Mr. Casey has participated in
numerous domestic and international commercial arbitrations, both as counsel
and as an arbitrator. He has passed the required examinations and has been
admitted as a Fellow of the Chartered Institute of Arbitrators, London,
England. Domestically, Mr. Casey is a panel member of the Private Court, an
organization in Toronto which provides arbitration and mediation services. As a
pre-trial referee for the Ontario Court (General Division) he has conducted
numerous mediation and settlement conferences. He has written papers and spoken
on topics concerning domestic and international arbitration for both the
International and Canadian Bar Associations.
Recent papers include:
Arbitration in Particular Disputes –
Franchising, Retail, Technology and Environmental, published by Federated
Press; Initiating and Pursuing Chapter 11 Claims under NAFTA, published
by the Canadian Bar Association.
Mr. Casey is the author of International and
Domestic Commercial Arbitration, a textbook and looseleaf service published
by Carswell and updated twice yearly.
Representative Arbitrations
include:
Acting for the Great West Life Company in a number
of arbitrations respecting land valued in the greater Toronto financial
district.
Acting for a U.S. pharmaceutical company against a
Canadian university involving a $30M patent licence dispute.
Acting for a major Canadian software company in a
dispute respecting worldwide licence rights.
Acting for a major Canadian bank against a U.S. Bank
involving a $10M letter of credit.
Acting for Methanex Corporation against the U.S.
Federal Government in a $1B. NAFTA claim.
Acting as Arbitrator in commercial landlord / tenant
shopping center dispute.
Acting as Arbitrator in a builder construction
dispute.
