Nick Rodrigo
Litigation Partner @Davies Ward Phillips & Vineberg LLP
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WORK HISTORY
Litigation Partner @Davies Ward Phillips & Vineberg LLP
Representative Work Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in connection with multi-jurisdictional class actions alleging breaches of the public disclosure requirements under the Québec Securities Act.Acted for Agnico Eagle Mines Limited and certain of its current and former officers and directors in respect of their defence of a multi-jurisdictional class action alleging that the company\'s public disclosure was false and misleading contrary to the Québec Securities Act.Acted successfully for Lehman Brothers Real Estate Partners II LP in connection with corporate proceedings in oppression and derivative action with respect to three real estate investments in Montréal.Acted successfully for Metromedia CMR Broadcasting Inc. before the Québec Court of Appeal and the Supreme Court of Canada in the case of Bou Malhab v. Diffusion Métromédia CMR Montréal Inc. et al, a defamation class action brought by a group of taxi drivers in Montréal. The Supreme Court of Canada dismissed the appeal and upheld the decision of the Québec Court of Appeal dismissing the action.Acted for SONY BMG Music (Canada) Inc. in the successful defence in a class action based on alleged damages caused by music copy protection software contained in CDs.Acted successfully for BCE Inc. and Bell Canada in an appeal before the Supreme Court of Canada in the landmark case involving the proposed $51.7 billion privatization of BCE and the attempt by certain holders of debentures of Bell Canada (BCE\'s subsidiary) to prevent court approval of the transaction on the basis that the transaction failed to properly protect their interests. Acted successfully for Pharmascience Inc. and secured the dismissal of a $3.9-billion class action against manufacturers of generic medications in relation to allegations of improper pricing of medications subsidized under the provincial drug insurance system.
EDUCATION
McGill University
B.A, LL.B., B.C.L.
Université Laval / Laval University
Diploma
SKILLS
ABOUT NICK RODRIGO
Nick Rodrigo is a partner in the Montreal Litigation practice. He has an extremely active courtroom practice in corporate and commercial litigation matters, with a strong focus in class action defence work, particularly in the securities and competition (anti-trust) law fields, which comprises the majority of Nick’s practice. He is currently working on several large securities class actions and in defending multiple competition class actions relating to allegations of international price-fixing conspiracies in a number of different industries. He is also acting for three major national retailers in the consumer products field defending class actions alleging breaches of the Québec Consumer Protection Act, and on behalf of Canada\'s largest wireless telecommunications provider.In the Supreme Court of Canada Nick has had the honour of acting on behalf of the Canadian Chamber of Commerce as an intervenor before the Supreme Court of Canada in the companion cases of Gaétan Plourde v. Compagnie Wal-Mart du Canada Inc. Nick again appeared before the Supreme Court of Canada in late 2009 to represent the respondents in the case of Farès Bou Malhab v. Diffusion Métromédia CMR Inc, a landmark appeal of a decision in which Davies had successfully obtained the dismissal on the merits of a class action based on group defamation.In 2008, Nick was part of the Davies team involved at every level of Court, including the Supreme Court of Canada, that successfully argued the appeal concerning the $51.7 billion takeover and privatization of BCE Inc. by a consortium of private equity buyers. This celebrated case relates to the largest transaction of its kind in Canadian history and is widely considered to be one of the most important commercial cases ever heard by the Supreme Court of Canada.Nick is a Fellow of the American College of Trial Lawyers (ACTL) and a member of the firm’s Management Committee. Specialties: Class Action Litigation, Commercial Litigation, Securities Litigation, Arbitration, Competition Law
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