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Adam  Stephens

Adam Stephens

Partner
Toronto

416.595.8572
astephens@millerthomson.com

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Profile

Adam Stephens is an experienced commercial litigator who provides practical and strategic advice to his clients.

His practice encompasses a wide range of complex commercial litigation, including securities law, class actions, shareholders’ rights, commercial contracts and real property law. He regularly acts for directors and officers of private and public corporations and advises boards and their committees on litigation matters. As well, he represents clients in shareholders disputes, breach of contract and breach of lease matters and property tax appeals. He also acts for clients defending class action lawsuits.

Mr. Stephens has extensive experience arguing cases before all levels of Ontario and Federal courts and at private arbitrations.

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Representative Work

  • Frank v. Caldwell, 2014 ONSC 1484:  defended directors and officers in securities class action brought against them for alleged misrepresentations in the secondary market
  • Frank v. Farlie, Turner & Co., LLC (2012), 113 O.R. (3d) 25 (S.C.J.)  defended directors and officers in securities class action brought against them for alleged misrepresentations in the secondary market
  • Great Lakes Power Limited v Municipal Property Assessment Corporation, 2012 ONSC 2390 (CanLII): successfully represented Great Lakes Power Limited in an Application to have various components of its hydro electric facilities declared non-taxable
  • RioCan Holdings Inc. v. Metro Ontario Real Estate Limited, 2012 ONSC 1819 (CanLII): successfully represented Metro Ontario Real Estate Limited in an Application brought by RioCan Holdings Inc. for a declaration that the cost of certain work carried out by it was Metro's responsibility pursuant to a lease agreement.  The Court held that Metro was not responsible for the cost
  • Frank v. Farlie, Turner & Co., LLC, 2011 ONSC 5519 (CanLII): successfully represented officers and directors of Protective Products of America, Inc. in a pleadings motion to have a $200 million punitive damages claim struck from the statement of claim on the basis that it was not a remedy available under the Securities ActR.S.O. 1990, Chapter S.5
  • Innovative Gifting Inc. v. House of the Good Shepherd, [2010] O.J. No. 2210 (represented charities in application brought by fundraiser for commissions allegedly owed and on counter-applications for return of commissions paid; fundraiser’s application dismissed; cross-applications allowed)
  • Home Depot Holdings Inc. v. Markham (Town), [2010] O.J. No. 1053 (represented Home Depot before the Divisional Court on its appeal of an application concerning Markham’s property tax back charges; appeal allowed)
  • 1292290 Ontario Ltd. v. Ajax (Town), [2010] O.J. No. 215 (represented the Town of Ajax in a property tax appeal brought against it; Ajax was successful before the Divisional Court and the Court of Appeal)
  • Fuller v. Patricia Bridal and Dress Salon Inc., [2009] O.J. No. 2285 (represented plaintiff on enforcement of guarantees; plaintiff was successful at trial)
  • Lunney v. Kuntova, [2009] O.J. No. 742 (represented defendant real estate brokerage and agent in negligence action; defendants were successful at trial; action against them was dismissed)
  • Fedel v. Tan (2008), 93 O.R. (3d) 274 (represented plaintiff in shareholder dispute; plaintiff was successful at trial)
  • Macdonald v. Robson, [2008] O.J. No. 1730; upheld by the Divisional Court at [2008] O.J. No. 2064 (represented applicant in vendors and purchasers application to rescind agreement of purchase and sale; applicant was successful)

Community Involvement

  • Director, Canadian Baseball Hall of Fame and Museum

Memberships

  • The Advocates’ Society
  • Ontario Bar Association
  • Canadian Bar Association

Education

  • LL.B., Dalhousie University, 2001
  • B.A., McGill University

Publications

  • Waiver of Tort: a Judicial Cri de Couer for Certainty, Lawyers Weekly, 2012
  • Uncertain Future for Class Action Fund, Lawyers Weekly, 2012
  • Class Proceedings May Require a Re-Thinking of Evidentiary Rules, Lawyers Weekly, 2011
  • Rethinking Class Action Settlements, Lawyers Weekly, 2011
  • Tax Accountant Privilege, Lawyers Weekly, 2010
  • Court Orders that Tax Shelter Promoter Return Commissions to Charities, Charities and Not-for-Profit Newsletter, May 2010