Lead counsel for the holder of a NSR royalty in connection with significant litigation arising in the context of the CCAA insolvency of Nemaska Lithium and related matters.
Lead counsel for an equipment manufacturer in the context of a multi-party dispute arising from the construction of a food manufacturing facility in the United States. The dispute raised complex legal and technical issues which were submitted to arbitration administered by the American Arbitration Association.
Lead counsel for claimant in a dispute between two mining companies concerning the dilution of the minority partner for failing to satisfy cash-calls under the terms of a joint venture agreement. After a lengthy and complex hearing involving the compliance and propriety of a half billion dollar mine development plan, the arbitral tribunal granted all of claimant’s requests for relief and diluted the junior party from participation in the project.
Lead counsel for a junior mining company in a dispute with Osisko Mining Corporation arising from the 2014 acquisition of the Canadian Malarctic Mine by Yamana Gold and Agnico Eagle.
Acted for the holders of NSR royalties in defence of an attempt to disclaim and terminate the NSR agreements in the insolvency of X-Ore Resources.
Dimitri represented two former directors and officers of Cinar Corporation in the context of a well publicized claim for copyright infringement. Dimitri argued the case before the Supreme Court of Canada, which rendered a seminal judgment on the test for infringement in Canadian copyright law (Cinar Corporation v. Robinson, 2013 SCC 73). The case was ranked by Lexpert Magazine among the top 5 business cases of 2014.
Lead counsel for the owner in a multi-milliondollar commercial dispute with civil and earthworks consultants concerning target cost performance incentives. The magnitude and complexity of the dispute led to the constitution of two arbitral tribunals under the UNCITRAL Rules and multiple court cases which were vigorously prosecuted and defended by a team of lawyers led by Dimitri.
Lead counsel to EPCM provider in connection with withholding and deficiency claims arising out of work related to the expansion of a mining processing facility in Ontario.
Co-lead counsel, with a major U.S. law firm, in the successful prosecution of a multi-million dollar claim for damages arising from the breach of a long-term iron ore offtake agreement. The ICC International Court of Arbitration granted all of claimant’s claims for damages, legal fees, costs and interest.
Lead counsel in defence of a major class action alleging prospectus and secondary market misrepresentations in the mining sector.
Counsel for the former Chief Financial Officer of SNC Lavalin in defence of a multi-jurisdictional class action alleging misrepresentations under the Securities Act. This case involved issues related to anti-corruption compliance, internal investigations and the public disclosure obligations of public companies.
Working in concert with law firms in Toronto and elsewhere, Dimitri was part of the team which represented the liquidators of Stanford International Bank in the prosecution of a significant claim against a Canadian financial institution arising from the collapse of Stanford International Bank and the multi-billion-dollar fraud related thereto. The case raised numerous complex issues concerning the liability of banking institutions in the context of fraud committed by or against their customers.
Successfully defended a $50 million damage claim in the mining sector and secured a $550,000 cost award for his clients. In the process, the Court of Appeal rendered a precedent-setting decision on the principle of res judicata (Ungava Mineral Exploration Inc. v. Mullan and Durham et. al., 2008 QCCA 1354).
Lead counsel in a major commercial dispute between two mining companies involving the vesting of ownership in a mining property under to the terms of an option-joint venture agreement. The 250-page final award of the arbitration tribunal, rendered in favour of Dimitri’s client, canvasses complex factual and legal issues related to mining project finance and option-joint venture agreements in common use in the mining industry and, as such, constitutes one of the few global precedents on the subject.
Secured an important appellate court victory for a mining company in a case dealing with the autonomy and limits of commercial arbitration in the Province of Quebec. In the process, the Québec Court of Appeal rendered a leading decision confirming that private arbitration tribunals have the power and jurisdiction to interpret and enforce commercial agreements through orders of specific performance (Canadian Royalties v.Nearctic Nickel Mines, 2012 QCCA 385).
Lead counsel in the successful prosecution of a multi-million dollar claim by Canadian National Railway for breach of contract. The case raised complex legal issues in contract law and public law, all of which were decided by the arbitrator in favour of CN.
Lead counsel for Virgin Atlantic Airways in defence of a class action alleging a conspiracy to fix prices in violation of the Competition Act.
Co-counsel, with the late Raynold Langlois Q.C., in the successful defence of an application to disqualify Cinar’s attorneys in the context of Cinar’s $100 million suit against its former founders and others. The Superior Court, confirmed by the Court of Appeal, rendered a detailed fact-based judgment dismissing all allegations of conflict of interest.
Co-counsel for Canada’s major airports in the insolvency filings of regional carriers Inter-Canadien Airlines and Jetsgo. The engagement comprised taking measures to seize and detain aircrafts for unpaid airport charges, and led, in the case of Inter-Canadien, to a landmark decision of the Supreme Court of Canada on the nature, scope and extent of the seizure and detention rights of Canadian airport authorities (Re Inter-Canadien (1991) Inc. [2006] 1 S.C.R. 865).
Dimitri represented the former CFO of Quebecor Media in the prosecution of a significant claim seeking to enforce rights accrued under executive stock option incentive plans. Through a vigorous litigation strategy involving an application to dismiss a statement of defence on the basis of frivolity, the claim was resolved rapidly and to the satisfaction of the parties.
For years Dimitri acted for a common-carrier railway in various shipper-carrier disputes, some of which led to final offer arbitration under the Canada Transportation Act and to proceedings before the Canadian Transportation Agency, and the Federal Court of Canada.
Co-counsel on a case for a regional airline in defence of the constitutional validity of certain provisions of the Competition Act empowering the Commissioner of Competition to render cease and desist orders against dominant air carriers.
Lead counsel in defence of several significant actions in damages against Concordia University. The cases were successfully defended, after the implementation of a vigorous defence strategy that sought preliminary dismissals of plaintiffs’ claims.
Lead counsel in defence and prosecution of multiparty claims involving the seller, buyer, real estate brokers and notary arising out of the failed closing of a residential real estate transaction valued by the parties at more than $15 million.
