Nicholas Baker

Nick’s practice at the bar focuses on securities litigation for investors. He has represented investment managers and advisors, hedge funds, private equity and retail investors in a number of successfully resolved actions. Nick also maintains a practice representing select foreign individuals harmed by actions of Canadian extractive sector companies in their operations abroad. He has appeared before the Superior Court of Justice in Ontario, all levels of court in British Columbia and the Supreme Court of Canada.

Law Society of Upper Canada, Member
Middlesex Law Association, Member
The Advocates' Society, Member
Elected member of the Canadian Institute of Mining, Metallurgy and Petroleum

Recent representative matters include:

• Rooney v ArcelorMittal S.A.: counsel to the class in this resolved securities class action relating to the take-over of a TSX-listed mining company;
• Araya v Nevsun Resources Ltd.: mass tort litigation in British Columbia alleging the use of forced labour extracted under threat of physical punishment, including torture and arbitrary detention, in the construction of a precious and base metals mine in Eritrea;
• McDonald v Home Capital Group Inc., et al.: a securities class action arising from alleged failures to make required disclosures regarding the termination of relationships with certain mortgage brokers and brokerages in late 2014 and early 2015 (CDN $29.5 million settlement);
• Snelgrove v Cathay Forest Products Corp et al.: a securities class action relating to a restatement of financial results by a junior PRC based forestry company (CDN $1.9 million settlement);
• Rahimi v SouthGobi Resources Ltd. et al.: a certified securities class action arising from a restatement of financial statements;
• Partridge v GreenStar Agricultural Corporation et al.: a securities class action relating to the collapse of a PRC based agricultural producer and food processor;
• Zaniewicz v Zungui Haixi Corporation et al.: a securities class action relating to the suspension of audit procedures at a PRC based shoe and casual-wear manufacturer, and its subsequent collapse (CDN $10.85 million settlement);
• Paquette v Ensign Energy Services Inc. et al.: an application for leave to commence a derivative action for and on behalf of the corporate respondent, against officers and directors of the corporate respondent, in relation to alleged backdating of stock options (CDN $4.4 million settlement);
• Keyton v Canada Lithium Corp. et al.: a securities class action alleging misrepresentation in disclosure documents concerning a mineral resource estimate;
• Cinaport China Opportunity Fund LP v Gong et al.: an action relating to the acquisition of securities in a PRC based sportswear company.

May, 2016 - Siskinds LLP is the highest ranked Canadian law firm in the Institutional Shareholder Services (ISS) Securities Class Action Services Top 50 Report for the year 2015. The report lists the top 50 plaintiff-side law firms ranked by the total dollar value of the final class action settlements occurring in 2015 in which the law firm served as lead or co-counsel. Siskinds was the top ranked Canadian firm from 2010-2013, and was second in 2014.

November 7, 2015, Lexpert, Decision to hear slavery case has implications across industries

• Private Placement Securities Litigation in Ontario
• Vedanta Resources PLC v Lungowe, [2019] UKSC 20
• Holding listed issuers to their word – for now anyway… Developments from the UK Court of Appeal on parent company liability for impacts abroad
• Eritrean Refugees Can Sue for Slavery and Forced Labour, B.C. Court of Appeal Says
• Securities Disclosure and the Direct Liability of Parent Companies at Common Law
• Toward Justice – The Road Ahead in Garcia v Tahoe Resources Inc.
• Government delays private right of action under CASL
• A Case for Parent-Entity Tort Liability for Wrongful Conduct at Subsidiary Operations
• Misrepresentation in Accredited Investor Prospectus Exempt Offerings in Ontario