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Douglas M. Worndl

Contact

Phone: 416-362-8334
Email: doug.worndl@siskinds.com

Doug Worndl is a partner working in Siskinds’ Class Actions Group, although he maintains an aviation, commercial and products liability litigation practice.

Doug is a graduate of the University of Toronto Faculty of Arts & Sciences (BA specializing in economics and history, with distinction, 1984); the University of Toronto Faculty of Law (LL.B., 1987), and Osgoode Hall Law School (LL.M., Securities Law, 2008) and was called to the Bar in Ontario in 1989.

Before joining Siskinds in 2011, Doug practised for more than 19 years (+15 years as a partner) at Canada’s largest law firm, Borden Ladner Gervais LLP, and its predecessor Borden & Elliot. Before joining Borden & Elliot, Doug was Counsel and Director of Research to the Federal Commission of Inquiry into the Air Ontario Crash at Dryden, Ontario (1989-1991).

Doug’s practice has included matters as varied as: counsel to major Federal Commission of Inquiry into the crash of a commercial jet airliner; successful co-counsel on leading Supreme Court of Canada case on Anton Piller relief and solicitor-client privilege; ongoing prosecution and defence of the most hotly contested "existential" business disputes; defence of insured claims against airlines, airports, and aircraft manufacturers, and defence of complex multi-party product liability cases.

Doug has appeared before all levels of court in Ontario and in the Supreme Court of Canada and on a number of private commercial arbitrations

While retained by a wide variety of local, national, and multi-national clients, practice has focused on the aviation, financial services, manufacturing, and biotech/pharma sectors.

Publications & Teaching Summary

American Bar Association Forum on Air & Space Law Annual Meeting and Conference – Program committee member and moderator of international aviation litigation panel featuring leading aviation litigators from Canada, the USA and Europe. Topics included, among other things, “The class action and its use in the litigation of air disaster claims”; and “Criminal proceedings arising out of air disasters” (Montreal September 22-23, 2011)
Presenter/Panelist at Advocates’ Society Civil Litigation Skills Certificate Program – “Working with Experts: Practical Tips and Techniques for Winning Cases – Panel Topic: Preparing, Qualifying and Leading your Expert” (Toronto, May 18, 2011)
Guest Lecturer, Osgoode Hall Law School LL.M. Program in Business Law: Lecture Topic – “The Role of Private Litigation in the Enforcement of Securities Laws - The Shareholder Class Action and Other Remedial Tools". This lecture was part of a week-long intensive course in the LL.M. program: "Corporate Governance". (Toronto, April 1, 2011).
Guest Lecturer, Osgoode Hall Law School LL.M. Program in Securities Law: Lecture Topic --"Corporate Accountability: The Role of Private Litigation in the Enforcement of Securities Laws - The Shareholder Class Action and Other Remedies". This lecture was part of a week-long intensive course in the LL.M. program: "Corporate Governance: Markets and Institutions". (February 25, 2011).
Speaker, 9^thAnnual Strategy Institute Market Access Summit: "Interactive Industry Panel To Discuss Judicial and Practical Implications of PMPRB (Patented Medicine Prices Review Board) Developments on Reimbursement in Canada”, November 17, 2010

Publications & Teaching

American Bar Association Forum on Air & Space Law Annual Meeting and Conference – Program committee member and moderator of international aviation litigation panel featuring leading aviation litigators from Canada, the USA and Europe. Topics included, among other things, “The class action and its use in the litigation of air disaster claims”; and “Criminal proceedings arising out of air disasters” (Montreal September 22-23, 2011)
Presenter/Panelist at Advocates’ Society Civil Litigation Skills Certificate Program – “Working with Experts: Practical Tips and Techniques for Winning Cases – Panel Topic: Preparing, Qualifying and Leading your Expert” (Toronto, May 18, 2011)
Guest Lecturer, Osgoode Hall Law School LL.M. Program in Business Law: Lecture Topic – “The Role of Private Litigation in the Enforcement of Securities Laws - The Shareholder Class Action and Other Remedial Tools". This lecture was part of a week-long intensive course in the LL.M. program: "Corporate Governance ". (Toronto, April 1, 2011).
Guest Lecturer, Osgoode Hall Law School LL.M. Program in Securities Law: Lecture Topic --"Corporate Accountability: The Role of Private Litigation in the Enforcement of Securities Laws - The Shareholder Class Action and Other Remedies". This lecture was part of a week-long intensive course in the LL.M. program: "Corporate Governance: Markets and Institutions". (February 25, 2011).

Speaker, 9^thAnnual Strategy Institute Market Access Summit: "Interactive Industry Panel To Discuss Judicial and Practical Implications of PMPRB (Patented Medicine Prices Review Board) Developments on Reimbursement in Canada”, November 17, 2010
Speaker, 8^thAnnual Strategy Institute Market Access Summit: "Understanding the Judicial and Practical Implications of PMPRB (Patented Medicine Prices Review Board) Developments and What It Means To the Industry", November 4, 2009
Presenter, Lifetime Achievement Award, at ZSA Western Canada Corporate Counsel Awards, Calgary Alberta, October 27, 2009
Speaker, Ontario Bar Association Continuous Disclosure Update — "Compliance with the New Secondary Market Regime: The Role of the Legal Advisor", January 23, 2007
Comment: “Supreme Court of Canada Will Hear Kerr v. Danier Leather Appeal: Court to examine IPO disclosure and the application of the business judgment rule to mandatory disclosure rules”, BLG Securities & Capital Markets Alert, June 22, 2006
Comment: "Kerr v. Danier Leather - No duty to disclose new material facts in period from prospectus receipt to closing", Presented at Law Society of Upper Canada, "Twelve-Minute Securities Lawyer," (Toronto, May 31, 2006)
A New World of Public Company Exposure, Canadian Corporate Counsel Association Handbook, 2006, at 15
Bill 198 and the New World of Directors & Officers Liability and Shareholder Class Actions, Presented to the 3rd Annual LexisNexis Commercial Litigation Conference: Litigating Shareholder Disputes (Toronto, February 10, 2006).
Organized and led multi-city client information seminar series on shareholder class actions "Directors' and Officers Liability: A New World Order — The New Civil Liability Rules of the Ontario Securities Act",(Toronto 19/10/05, Calgary 26/10/05, Vancouver 27/10/05, Montreal 1/11/05).
Organized and spoke at Client Seminar: "Directors and Officers' Liability and the new "Bill 198" Secondary Market Statutory Civil Liability Regime: A New World Order" (Toronto 9/12/05).
Case Comment: The Ontario Court of Appeal Applies Cartaway to Restore OSC Decision in Donnini Insider Trading Case — Re: Donnini v. Ontario (Securities Commission) 3:2 Commercial Litigation Review 26 (June 2005)
The Supreme Court of Canada Considers Sanctions Imposed by Securities Regulators: Re: Cartaway Resources Corp., 3:1 Commercial Litigation Review 14 (February 2005)
Air Law: Ontario Court Adopts US Supreme Court Test in Air France v. Saks, Canadian Insurance Law Newsletter, (Fall 1994), p.5
Legislation Introduced to Enable Implementation of "Bill 198" Shareholder Class Action Regime, 2:4 Commercial Litigation Review 54 (December 2004)
Shareholder Class Actions: Still Waiting for Ontario's Bill 198, 24:7 The Lawyers Weekly, June 18, 2004
Shareholder Class Actions: A New Statutory Regime in Ontario — Part Two: Damages, Liability Limits, Anti—Strike Suit Provisions, 1:2 Commercial Litigation Review 1 (July 2003)
Shareholder Class Actions: A New Statutory Regime in Ontario — Part One: Liability and Defences, 1:1 Commercial Litigation Review 2 (May, 2003)
Statutory Civil Liability for Secondary Market Disclosure: Opening the Door to Shareholder Class Actions in Canada (February 2003) www.blgcanada.com
Organized (along with colleagues at Deloitte & Touche) and chaired corporate counsel client seminar: "Hot Topics in Corporate Law and Accounting". Presentation of paper "Current Issues in Canadian Securities Litigation", authored along with Noel Peacock. (Toronto, 10/09/2002)
Punitive Damages in Canadian Products Liability Claims: Will Whiten v. Pilot Insurance Make a Difference, Presented at Federated Press Products Liability Conference, (May 16, 2002)
Contrasting the Litigation of Claims In Ontario and the United States, [1998] International Journal of Insurance Law 172
Air Law: Ontario Court of Appeal Affirms Air France v. Saks Test of "Accident",Canadian Insurance Law Newsletter, (Summer 1997), p.11
Presented paper: "Bogus Parts"at insurance client seminar "Products Liability: Trends Toward 2000" (05/06/1997)
Presented: "Liability Issues Relating to the Service of Alcohol on Commercial Airlines" at client seminar "The Service of Alcohol: Host and Occupiers' Liability" (03/11/1994)
Case Comment: Duty of Disclosure Under Attack? — Coronation Insurance v. Taku Air Transport", with Greg Wells, Canadian Insurance Law Newsletter (Spring 1994)
Thoughts on Valuation of Closely-Held Minority Shareholdings: A Consideration of Reasonable Expectations of Shareholders in Search for Fair Value,with Stephen Cole, C.A., and presented at Law Society of Upper Canada Special Lectures (October 1988)

Client Work

Defending Canadian industrial products company, related Iranian company and principals in multi-party action by Texas-based multinational petrochemical company.

Very complex multi-jurisdictional litigation involving allegations of conspiracy to misappropriate intellectual property and trade secrets.
Counsel to financial services company, specializing in life settlements (viaticals) and its shareholders in private arbitration against former President/CEO.

Dispute relates to shot-gun buy-sell provisions of unanimous shareholders agreement; alleged fraud; misappropriation, and oppression.
Defending airlines and airports on dozens of insured claims arising out of both domestic and international air carriage including claims governed by international conventions, agreements and protocols (Warsaw/Montreal Regime).
Defended US aircraft manufacturer in 3 related multi-party subrogation actions arising out of crash of DC-9 aircraft in Toronto.

This air-disaster litigation spanned several years and involved many weeks of discovery, thousands of productions, and multiple interlocutory motions and appeals.
Defended multi-national stock transfer agent in three proceedings at suit of alleged beneficial owner of securities.

Successfully moved for dismissal of all three proceedings with substantial costs awarded in favour of client.
Counsel to capital finance company in private arbitration arising out of alleged breach of non-competition covenants in a business development agreement.
Counsel to multi-national biotech company in shareholder dispute arising out of exclusive license agreement.
Counsel to U.S. manufacturing company in multi-party litigation arising out of share purchase agreement.

Included issues of auditors' negligence in respect of preparation of financial statements and representations and warranties in the share purchase agreement regarding accuracy of the statements.
Counsel to a freight forwarding group of companies in private arbitration and related litigation against former CEO and key personnel in dispute arising out of unanimous shareholders agreement

Issues relating to shot-gun buy-sell provisions of USA; oppression; misappropriation by departing fiduciaries.
On behalf of California laser medical products manufacturer, successful motion to set aside service ex juris on the basis that California was the preferred jurisdiction to litigate dispute arising out of international public offering of securities by client.

(Bailey & Company v. Laser Medical Technology Inc. (1993) 15 O.R. (3d) 212 (Ont.Gen.Div.))
Defending airlines on dozens of insured claims arising out of both domestic and international air carriage.

This is including claims governed by international conventions, agreements and protocols (i.e. Warsaw Convention; Hague Protocol; Montreal Agreement; Montreal Convention).
Defending dozens of insured claims on behalf of airports across Canada, including claims arising at LesterB.PearsonInternationalAirport in Toronto, and at regional and community airports in all Provinces and the Yukon and Northwest Territories.
Counsel to U.S. aircraft component manufacturer (and instructing counsel and insurer) in disputes arising out of series of landing gear failures and related regulatory initiatives.
On behalf of UK aircraft landing gear manufacturer and its insurer, successful summary judgment motion dismissing airline subrogated action arising out of airliner accident upon collapse of landing gear.

Court of Appeal (and judge at first instance) upheld strict application of the terms of a liability exclusion clause in a product supply contract. Substantial costs awarded. (Air Nova v. MessierDowty Ltd. [2000] O.J. No. 39 (Ont.C,A.))
Defended US jet airliner manufacturer in 3 related multi-party subrogation actions arising out of crash of jet airliner in Toronto.

This air-disaster litigation spanned several years and involved many weeks of discovery, thousands of productions, and multiple interlocutory motions and appeals.
On behalf of Canadian air cargo operator and insurer prosecuted multi-party subrogated action arising out of two related aircraft collisions on ground at Mirabel airport.

One reported interlocutory decision involved successful opposition of motion to dismiss action on the basis of want of jurisdiction and forum non conveniens.
Defending U.S. helicopter manufacturer in four related multi-party actions by surviving dependants arising out of multi-fatal crash of military aircraft.
On behalf of Canadian helicopter tour operator and insurer defended claims arising out of multi-fatal mid-air collision over Niagara Falls.
Assisting US counsel to aircraft component manufacturers in obtaining evidence from Canadian government agencies through Access to Information process.
On behalf of U.S. aircraft restoration company, prosecuted suit to enforce security and gain possession over six surplus Canadian military jet aircraft.
Prosecuted claims by aviation component manufacturer against existing and former employees.

Involved injunction application; allegations of breach of fiduciary duty; theft of proprietary information. Substantial settlement achieved.
Successful defence of international airline in test case prosecution of alleged violations of the Immigration Act

(Successful through trial and at Court of Appeal — R. v. Deutche Lufthansa A.G. (1994) 25 Imm.L.R. (2d) 85; O.J. No. 1618 (Ont.CA.); (1993) 22 Imm.L.R. (2d) 46; [1993] No. 2908 (Ont.Gen.Div)).
Successful defence at trial and appeal of international air carrier in test case prosecution under the Immigration Act

(R. v. KLM Royal Dutch Airlines (1993) 22 Imm.L.R. (2d) 63; [1993] O.J. No. 2908 (Ont.Gen.Div.)).
Director of Research and Counsel to the Federal Commission of Inquiry into the Air Ontario Crash at Dryden, Ontario ("The Moshansky Commission") (1989 - 1991)

Arises out of March 10, 1989 crash of a Fokker F-28 in which 24 individuals perished. Involved investigation of air crew, airline, and aircraft operations and the effectiveness of regulatory oversight by Transport Canada.
Canadian International Air Show:

(1) Counsel to the Canadian International Air Show which involved attending Board meetings and providing advice to the Board and senior management on a variety of issues; (2) Member of the Ethics Committee of the Board which involved acting as a scrutineer of annual Board elections (2002‑2004)
Ongoing advice to U.S. and U.K. counsel on various aspects of the Canadian litigation process including letters rogatory and letters of request; enforcement of foreign judgments; shareholder class actions; damages; contributory fault.
Advice to biotech/pharma sector on Patented Medicine Prices Review Board (PMPRB)
In providing full service to clients, as relationship lawyer, identifies and assigns appropriate specialist lawyers within one of the offices at Siskinds to address specific issues as they arise.

These are including in the areas of: mergers and acquisitions, employment law, general corporate law, privacy law, and government relations.
Acted on behalf of defendant flying club and insurer (Lloyds)

Successful summary judgment motion to dismiss dependants' claim arising out of an aircraft accident on the basis that issues earlier disposed of by way of consent dismissal of earlier multiparty action against a pilot, aircraft owner, and aircraft manufacturer.
Successful co-counsel on application for declaratory relief regarding interpretation of "right of first refusal" provision in real estate development agreement

(2056668 Ontario Inc. v. Fernbrook Homes et al. [2007] O.J. No. 2755 (Ont.S.C.J.); 58 R.P.R. (4th) 96; 159 A.C.W.S. (3d) 373))
Counsel to multi-national pharmaceutical company in dispute arising out of termination of supply agreement.
Counsel to multi-national biotech company and US trial counsel in cross-border litigation arising out of acquisition of Canadian subsidiary; overseeing assembly of Canadian evidence for New Jersey litigation by way of application to enforce letters of request.
Defending bank in action at the instance of investors in real estate development project.

Among interlocutory decisions is successful motion for removal of plaintiffs' counsel where breach of solicitor-client privilege.
Defending financial services firm in defamation action arising out of published investment analysis.
Counsel to engineering company in shareholder dispute.

Successful dismissal of interlocutory motion for relief from oppression (RV & S Ltd. v. Aiolos Inc. [2004] O.J. No. 1358; 129 A.C.W.S. (3d) 1127 (Ont.S.C.J. – Commercial List)
Defending investment funds management company in litigation arising out of termination of agreement with supplier (successful dismissal of injunction application with costs on a substantial indemnity basis)
Defending financial services company in investor class-action.

Successful defence of pre-certification motion for interlocutory injunction with substantial costs awarded. Following payment of costs, class action abandoned.

Law Society of Upper Canada (Member)
Middlesex Law Association (Member)