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Heather Devine is a commercial litigator working out of both the Hamilton and Toronto offices of Gowlings.
Her practice covers a wide range of commercial litigation including insurance and professional liability claims, complex contractual disputes and specializes in shareholder disputes. She has enforced a wide range of remedies, including injunctive and final relief to protect shareholders’ interests, the dissolution and appointment of boards of directors and has protected directors of corporations from civil claims.
Heather acts for a variety of institutional clients locally, regionally, nationally and internationally. She has appeared as counsel before all levels of court in Ontario and Nova Scotia and before the Federal Court of Canada.
Transportation Law
- Successfully obtained order regarding termination of multi-million dollar Purchase Agreement for a CL-850 (Bombardier Challenger) without costs
- Successfully advise and defend international carriers regarding claims of spoilage of cargo
- Advised pilots re meeting regulatory requirements for reporting aviation accidents
Intellectual Property Litigation
- Successfully obtained order overturning refusal of Patent Commissioner to grant a patent on grounds that final action must contain all objections, and none can be withheld
- Advise and strategize re trademark, trade secret actions in Ontario Superior Court of Justice
- Advise and strategize re patent litigation including defending against infringement claims, and prosecuting infringement claims in the Federal Court of Canada and Federal Court of Appeal
Jury Trial
- Prosecuted and won a lengthy jury trial and obtained costs award of $345,000.00
Judicial Review
- Successfully obtained award to cause Patent Commissioner to grant a patent improperly refused
- Successfully obtained award quashing applications for judicial review brought by City employees
Condominium Law & Property Management
- Advises and represents property management companies on all matters pertaining to business litigation, and requiring knowledge of the Condominium Act and its regulations
- Represents several Condominium Corporations, protecting their interests, and advising on corporate governance litigation
- Successfully removed ‘rogue’ director from Board of Directors
Private Career Colleges
- Successfully forced MTCU to allow Private Career College to operate, when closed
- Advised private career colleges re TCAF
- Advised private career colleges on Private Career Colleges Act and regulations, and resolved many issues with MTCU representatives
Manufacturing and Construction Law
- Arbitration of breach of contract/negligence re construction of small harbour
- Successfully obtained decision awarding shared liability against international manufacturer of steel and roofing tiles
- Litigation of breach of contract (CCDC2)/negligence re deficient construction of underground parking lot
- Litigation against architect for deficient preparation of tender documents
Corporate Governance & Director’s Liability
- Advised Board of Directors and assisted with denying bid to absorb Canadian corporation by U.S. Parent
- Prevented dilution of shares of shareholder/director in Corporations with $8 million in revenue
- Successfully obtained award over $1.5 million and conferral of shares held in trust, and appointment of new board
- Devised s.253 of the OBCA argument to protect rights of guarantors, shareholders, who are not a director, to books and records of corporation, decision on appeal protected
- Reverse oppression remedy claim to ensure share and asset purchase
- Advised Empire Club of Canada on redrafting and updating By-Law No. 1
Injunctions
- Obtained and enforced a statutory injunction for a municipality
- Obtained a positive injunction for a student to continue in a nursing program
- Obtained a vesting order on short notice
- Successfully defended an injunction on 24 hour notice
Regulatory Work
- Extensive experience in litigating aspects of the Regulated Health Professions Act
- Successfully litigated against the Ministry of Training Colleges & Universities at the Licence Appeal Tribunal
- personally retained to litigate the reappointment of the first female Olympic Swimming Coach to the Canadian Olympic Swimming Team
- assisted with various matters in Nova Scotia and Ontario including injunctions, applications and two appeals (Ontario Court of Appeal) including moving successfully for a statutory injunction pertaining to municipal by-laws and regulations under the Planning Act and the Provincial Offences Act
- brought in a plaintiffs’ class action suit related to a de-listed brokerage company and its principals on behalf of several investors
- personally defended against a de-listing at a Suspension Meeting held by the TSE; personally argued and assisted with successfully defending against counterclaims of $11 million involving issues of alleged stock manipulation in Scintilore Explorations Limited v. Larche
Professional Negligence
- assisted with defending a top-five accounting firm against a Canadian Bank in a very large, document-intensive case involving allegations of professional negligence by both the bank and the accounting firm
Class Actions
- strategy and court appearances for class action suit regarding to a de-listed brokerage company and its principals on behalf of several plaintiff investors
- worked on class action defence team providing analysis and court appearances regarding various procedural and substantive issues pertaining to class action litigation (national and international) for manufacturing and biochemical matters
Employment and Labour Law
- Litigation of wrongful dismissal of executives including issues such as interpretation of complex stock options, golden parachutes, international bonuses and commissions from a management and corporate defense perspective
- Defended and prosecuted many cases of wrongful dismissal including shareholder claims, pension benefit calculations
REPORTED DECISIONS
- Bartley v. Canada (Commissioner of Patents), 2011 FC 873 (CanLII) (Hughes)
- Graci v. New Steel Roofers Inc., 2011 ONSC 2384 (CanLII) (Henderson)
- Sonnenberger et al v. Creamer et al., 2010 ONSC 1736 (CanLII) (Tucker)
- Niagara on the Lake Culinary School Inc. (Re), [2010] O.L.A.T.D. No. 164; [2010] O.L.A.T.D. No. 96; [2010] O.L.A.T.D. No. 129
- Sonnenberger v. Creamer, 2009 CanLII 7767 (ON SC) (Tucker)
- Richmond v. City of Hamilton, 2008 CanLII 67892 (ON SCDC) (Karakatsanis)
- Earth Energy Utility Corp. v. Maxwell, [2008] O.J. No. 2800 (S.C.J.) (Taylor)
- Hughes v. Kennedy Automation Ltd., [2008] O.J. No. 2800 (S.C.J.); 2008 ONCA 770 (CanLII)
- College of Optometrists of Ontario v. SHS Optical Ltd. (c.o.b. Great Glasses), Supreme Court of Canada – Applications for Leave, 2009 CanLII 30412 (SCC); 2009 CanLII 30406 (SCC); Court of Appeal, 2009 ONCA 19 (CanLII); 2008 ONCA 685 (CanLII); 2007 CanLII 54953 (ON SC);
- College of Opticians of Ontario v. John Doe (c.o.b. Great Glasses), [2007] O.J. No. 2141
- Thomas v. Thomas Health Care Corp., 2005 CanLII 6391 (ON SC)
- 228727 Ontario Ltd. (c.o.b. as Electromart) v. Mardes Electrical Supplies Inc., [2005] O.J. No .4290 (S.C.), 9 B.L.R. (4th) 299, 143 A.C.W.S. (3d) 98, Carswell Ont 5048
- 7895 Tranmere Drive Management Inc. v. Helter Investments Ltd., [2005] O.J. No.2847
- Martel Commercial Realty Inc. v. Hamilton-Burlington and District Real Estate Boart, [2005] O.J. No.3016
- Bajurny v. College of Denturists, [2005] O.J. No. 370 (Div. Ct.), [2004] O.J. No. 5274 (Div. Ct.), 193 (O.A.C) 123, 195 (O.A.C.) 10, 135 A.C.W.S. (3d) 1160, 136 A.C.W.S. (3d) 1138;
- Hamilton Health Sciences v. Canadian Union of Public Employees, Local 4800, [2005] O.L.A.A. No. 351, 82 C.L.A.S. 115 (Rohla Grievance)
- Hamilton Health Sciences and C.U.P.E. Local 4800 (2004), 133 L.A.C. (4th) 139 (Surdykowski)
- Hamilton Health Sciences v. Canadian Union of Public Employees, Local 4800 (Timelines Issue Grievance), [2004] O.L.A.A. No. 692 (Surdykowski)
- Hamilton Health Sciences v. Canadian Union of Public Employees, Local 4800 (Johnston Grievance), [2004] O.L.A.A. No. 380; [2004] O.L.A.A. NO. 497 (Surdykowski)
- Hamilton Health Sciences v. Canadian Union of Public Employees, Local 4800, [2004] O.L.A.A. No. 337 (Gray)
- Hamilton Health Sciences v. Canadian Union of Public Employees, Local 4800, [2004] O.L.A.A. No. 155 (Surdykowski)
- Hamilton Health Sciences v. Canadian Union of Public Employees, Local 4800, [2004] O.L.A.A. No. 703
- Kamara v. Schirmer, [2003] O.J. No. 2518 (Ont. S.C.), O.T.C. 599, 124 A.C.W.S (3d) 73
- Hill v. Gordon-Daly Grenadier Securities Ltd. (2001), 56 O.R. (3d) 34th (Ont. S.C.)
- Scintilore Explorations Limited v. Larche (2001), 160 O.A.C. 199 (S.C.C.), (2001), 149 O.A.C. 280 (Ont. C.A.) (1999), 48 B.L.R. (2d) 248 (Ont. S.C.)
- Continental Insurance Co. v. Almassa International Inc., [2001] I.L.R. 1-3998 (Ont. S.C.)
- Bhatia v. Douglas, [2000] O.J. No. 4380 (Ont.S.C.)
- Triathlon Leasing Inc. v. Bryan Easton Logging Ltd., [2000] O.J. No. 4262 (Ont. S.C.), [2000] O.J. No. 10 (Ont. S.C.)
- R. v. Reeve (2000), 14 M.P.L.R. (3d) 256 (Ont. C.A.)
- QEII Health Sciences Centre v. N.S. Government Employees Union (1998), 165 N.S.R. (2d) 193 (N.S.S.C.).
PUBLICATIONS, PRESENTATIONS & CONTRIBUTIONS
- National Editor of Commercial Litigation Review, a national LexisNexis publication
- H. Devine Transportation Article entitled “Article 29 of the Warsaw Convention extinguishes a plaintiff’s claim commenced beyond the two-year limitation”, 2011 *in press for The Canadian Transportation Lawyer
- H. Devine & R. Campbell, “The Test of Litigation-Will Your Records Management Practices Stand Up to Close Scrutiny?”, (2008) presented by H. Devine at Document Retention and Destruction Conference in Ontario.
- H. Devine, “Faces of the City”, (Fall 2008) Hamilton Magazine, p.54
- H. Devine & C. Porretta, “Enforcement of Interim Orders: Letters Rogatory and the Deemed Undertaking Rule”, (2006) Commercial Litigation Review, Volume 4, No. 1
- H. Devine and F. Ricci, “The Oppression Remedy: A Catalogue Of Oppressive Conduct” (2006) presented by H. Devine at OBA Conference “The Commercial List: What’s in the Future and What Litigators Need to Know”.
- H. Devine, “How a Non-Director Guarantor Can Obtain Access to Corporate Records”, (2006) The Lawyers Weekly, Volume 26, No. 11
- H. Devine & C. Porretta, “Foreign Judgments in Hand? How to collect in Canada”, (2005) Commercial Litigation Review, Volume 3, No. 4
- H. Devine, "Getting Results Sooner Than Later: Motions Prior to Commencement of Proceedings, and Applications", (2005) The Advocates' Brief, Volume 16, No. 2
- H. Devine, "Reasonable Apprehension of Bias?" (2004) Ontario Bar Association, Young Lawyers' Division, Volume 12, No. 2
- H. Devine, “Controlling Bad Memories: Proving Documents at Trial” (2004) Commercial Litigation, Volume 1 – Number 6
- H. Devine, “Controlling Bad Memories: Proving Documents at Trial” (2003), The Advocates’ Brief, Volume 15, No. 2
- H. Devine, “Admissions to the OSC: Protection Against Use in Subsequent Civil Proceedings” (2003), In-house publication for Gowlings.
- H. Devine, “Payment of Benefits to Insured Pending Trial – A Matter of Proof and Circumstance” (2003), In-house publication for Gowlings
- H. Devine, “Are There Limits to Disclosure of Experts’ Findings?” (2003) The Lawyers Weekly, Volume 23, No. 22
- H. Devine, “Judicial Trends in Insurance Law: Great Expectations” (2003) invited lecture Gowlings Insurance Conference.
- H. Devine, “Use it or Lose it: Avoiding Class Actions By Means of Arbitration Clauses” invited lecture at CILS Conference: Media Technology & Communications in Austria, November 2002
- J.S.Leon, D. Hausman & H. Devine “Securities Law and Class Proceedings in Canada: Some Promise, Some Deliver” –presented by me to CILS in Salzburg, Austria March 2001;
- H. Devine, “Have You Considered Mediation!” (1997) In-house publication for clients;
- H. Devine, “Be Wary of Independent Contractors” in (1998) Canadian Employment Law for U.S. Companies Vol. 5, No. 10 at p. 3;
- H. Devine, “Banked Hours: Employee wins withdrawal,” in Ibid.;
- H. Devine, “Constructive Dismissal: What Employers Should Know” (1998) Power Point Presentation;
- H. Devine, “Writers: 1 Publishers: 0 Will a recent U.S. victory influence Canadian media law?” (1999) In-house publication for clients;
- H. Devine & N. Eber, “Defining Your Legal Obligation Within the Context of Undue Hardship and Reasonable Accommodation”( 1998) Infonex Seminar;
- H. Devine & J. Noonan, “Using Computer and Video Surveillance to Monitor Employees: Are the benefits worth the cost?” In-house publication for clients;
- E. Durnford, C. Gorman, & H. Devine, “Consideration of Legal Importance of Employee Loyalty” in Executive Employment (1998) Vol. 5. No. 1 at p. 245;
- E. Durnford & H. Devine, “Preventing Unionization in Banks” Presentation;
- G. MacDonald, “Super Liens: The Iron Fist of Revenue Canada” Paper published in CBA Construction Law Conference Materials, May 1998 (H. Devine contributor);
- R. Macpherson & H. Devine, “Safety and Seniority: the effects of accommodation on fellow workers” in Management Rights, (1998).
- R. Macpherson, D. Palayew & Heather Devine “The Use of Medical Evidence at Arbitration: A Management Perspective” Labour Arbitration Yearbook (1999-2000), Vol. II, p. 151-174.
Published Book Reviews
- R. Martin & G. Stuart Adam, A Sourcebook of Canadian Media Law, Second Edition, (1994) in QLJ vol. 20(2) Spring 1995;
- J.C. Weaver, Crimes, Constables and Courts (1995) in QLJ vol. 21(2) Spring 1996; and
- Sheila Jasanoff, Science at the Bar (1997) D.J.L.S.
News Articles
- “Rare Court Ruling Gives Cemetery Space” – Hamilton Spectator, July 2, 2004
- “College Must Admit Student into Course” – Hamilton Spectator, February 28, 2004
- In-house Publication for Gowlings – Regarding Order obtained by The City of Hamilton with respect to proceeding with the Red Hill Expressway construction project.
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