Adam Stephens

PartnerMiller Thomson LLPInsolvency & Restructuring; Commercial; Finance

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, directors’ and officers’ disputes, shareholders' rights, commercial contracts and real property law. He has extensive trial experience and has argued cases before all levels of Ontario and Federal courts and at private arbitrations. Adam is currently the National Lead of Miller Thomson’s Commercial Litigation Group.

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, directors’ and officers’ disputes, shareholders’ rights, commercial contracts and real property law. He has extensive trial experience and has argued cases before all levels of Ontario and Federal courts and at private arbitrations. Adam is currently the National Lead of Miller Thomson’s Commercial Litigation Group.

Details of legal practice

  • Directors and Officers Disputes:acting for directors and offices of private and public corporations and advising boards and their committees on litigation matters.
  • Shareholder Rights: acting for shareholders in disputes concerning the relationship between shareholders, the dissolution or winding up of the corporation and related valuation issues, the conduct of the corporation, including the conduct of meetings of shareholders.
  • Contract Disputes: acting in relation to breach of contract claims in a wide range of areas, including contracts for the sale of goods, sale of shares, sale of assets and personal service contracts.
  • Real Property Disputes: acting in relation to breaches of lease, breaches of agreements of purchase and sale of real property and disputes relating to claims to interests in real property (adverse possession, easements ).

Adam frequently writes and speaks on legal developments in the areas of shareholders’ rights, contracts and real property law and lectures on civil litigation, including discovery and trial techniques.

Education

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

Bar Admission

  • Ontario, 2002

Experience

  • Inzola Group Limited v. City of Brampton, [2019] O.J. No. 190: Adam was lead Trial counsel for the City of Brampton in its successful Defence of a 28.5 million dollar action brought against it by a developer for breach of a procurement process. The claim was based on allegations of bad faith and bias on the part of the former Mayor and senior staff. The action was dismissed after an 8-week trial.
  • Redstone Enterprises Ltd. v. Simple Technology Inc., [2017] O.J. No. 1678: successfully represented the Appellant in an appeal that found that the purchaser was not entitled to relief from forfeiture such that the total amount of the $750,000 deposit was forfeited to the Appellant.
  • Horvath v. Securefact, [2016] O.J. No. 2019: successfully represented the Respondent company in defending a claim that the company’s shareholders’ meeting had been conducted improperly and that there had been oppression of the Applicant’s interests.
  • Schenk v. Valeant Pharmaceutical International, [2015] O.J. No. 2991, further Reasons released July 2, 2015: successfully represented Plaintiff in precedent-setting motion to have third party litigation funding approved in context of private commercial litigation.
  • Toth Equity v. Ottawa (City), [2014] O.J. No. 2150: successfully represented Toth Equity Limited in appealing an order that its application for a refund of taxes was out of time.
  • Frank v. Caldwell, [2014] O.J. No. 1028: represented directors and officers in securities class action brought against them for alleged misrepresentations in the secondary market.
  • Frank v. Farlie, Turner & Co., LLC, [2012] O.J. No. 4642: represented directors and officers in securities class action brought against them for alleged misrepresentations in the secondary market.
  • Great Lakes Power Ltd. V. Municipal Property Assessment Corp., [2012] O.J. No. 2870: 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 Ltd., [2012] O.J. No. 1945: 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, [2012] O.J. No. 4642: 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 Act.
  • 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] O.J. No. 3585: 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.

Associations

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