Ms Marina E Sampson

Marina E Sampson

Lawyer biography

Marina is a partner in the firm’s Litigation and Alternative Dispute Resolution Practice Group and is also a member of the firm’s Environmental, Renewable Energy and Energy Law Practice Group. Marina has significant experience with injunctions, including Anton Piller orders and other extraordinary remedies.

Marina has appeared as counsel before the Ontario Superior Court of Justice, the Ontario Divisional Court and the Ontario Court of Appeal and acts as counsel in commercial arbitrations.

Experience

  • Successfully opposed an interlocutory injunction with respect to the termination of commercial license agreements [CBS Canada Holdings Co., v. All Vision Canada Company et al., 2012 ONSC 3679]
  • Successfully brought a Rule 21.01(1)(a) motion to determine an issue of law, namely that the limitation period had expired, and as a result had the claim against our client, Versacold, dismissed [Tender Choice Foods Inc. v. Versacold Logistics Canada Inc., 2013 ONSC 80 (S.C.J.)]
  • Acted as arbitration counsel in a shareholders dispute involving the termination for cause of the CEO and shareholders' attendant "put rights" and successfully obtained an arbitral award enforcing the shareholders' put rights, representing the full subscription price of shares paid by the client shareholders and successfully opposed an application to set aside the arbitral award [Pantziris v. Cobalt Capital CA Textile Investments, L.P., 2012 ONSC 2716]
  • Acted for crown corporation in construction matters involving numerous lien claimants at two large development projects, including the construction of a court house
  • Acted for crown corporation in relation to the construction and commissioning of three separate co-generation facilities
  • Acted for crown corporation with respect to a continuing obligation agreement and the construction of an Ontario Track and Field Association (OTFA) designed athletic track
  • Acted for crown corporation in various landlord / tenant and related lease disputes
  • Act for the largest social housing provider in Canada and its subsidiary in various construction matters and lien claims
  • Successfully represented applicant before Ontario Municipal Board (OMB) on an application for variance [Sharma v. Vaughan (City) Committee of Adjustment, 2005 CarswellOnt 5629]
  • Act for a major Canadian railway with respect to all manner of transportation issues, and in the context of labour strikes and injunctions [See for example Canadian National Railway Co. v. Gateway Reload Inc., [2006] O.J. No. 4465 (ONSupCtJus)]
  • Acted for The Governing Council of The Salvation Army in Canada in successfully obtaining and executing an Anton Piller order as well as judgment for fraud arising from multimillion dollar employee defalcation, and related enforcement efforts
  • Acted for the author and publisher of the Harry Potter series of novels with respect to embargo enforcement rights and remedies, including successfully obtaining injunctions to protect pre-release date confidentiality of the Harry Potter novels, as part of the FMC team
  • Acted for Canada Post Corporation in respect of its exclusive privilege to deliver mail within Canada and successfully obtained related injunctive relief [Canada Post Corp. v. G3 Worldwide (Canada) Inc. 2007 CarswellOnt 2872, 2007 ONCA 348, 85 O.R. (3d) 241, 224 O.A.C. 206, 282 D.L.R. (4th) 682, affirming Canada Post Corp. v. G3 Worldwide (Canada) Inc. (2006), 2006 CarswellOnt 3121 (Ont. S.C.J.); and affirming Canada Post Corp. v. G3 Worldwide (Canada) Inc. (2005), 2005 CarswellOnt 7258, 261 D.L.R. (4th) 244 (Ont. S.C.J.)]
  • Acted for a manufacturer of airplane commutators in a successful application for an injunction restraining a former consultant from conducting a competing business, including issues of copying of industrial design and processes, all in breach of the consultant’s fiduciary duty (2004)
  • Acted as arbitration counsel for a pulp and paper company in a dispute concerning the post-closing cost of installing environmental controls and remediation work totaling more than $55 million (2007)
  • Acted as counsel for a pulp and paper company with respect to a dispute involving forest licenses issued under the Crown Forest Sustainability Act [Keewatin v. Ontario (Minister of Natural Resources) 2011 CarswellOnt 8900, 2011 ONSC 4801]
  • Acted for a Taiwanese computer multinational in a multimillion dollar fraud at a subsidiary corporation (2007)
  • Act for a large multinational service company dealing with products liability litigation involving elevators, escalators and commercial alarm equipment
  • Keewatin v. Ontario (Minister of Natural Resources) 2011 CarswellOnt 8900, 2011 ONSC 4801
  • Canada Post Corp. v. G3 Worldwide (Canada) Inc. 2007 CarswellOnt 2872, 2007 ONCA 348, 85 O.R. (3d) 241, 224 O.A.C. 206, 282 D.L.R. (4th) 682, affirming Canada Post Corp. v. G3 Worldwide (Canada) Inc. (2006), 2006 CarswellOnt 3121 (Ont. S.C.J.); and affirming Canada Post Corp. v. G3 Worldwide (Canada) Inc. (2005), 2005 CarswellOnt 7258, 261 D.L.R. (4th) 244 (Ont. S.C.J.)
  • Canadian National Railway Co. v. Gateway Reload Inc., [2006] O.J. No. 4465 (ONSupCtJus)
  • Ramlall v. Salvation Army, [2006] O.J. No. 1645 (CNSupCtJusDivCt)
  • Ramlall v. Salvation Army, [2006] O.J. No. 1470 (CNSupCtJusDivCt)
  • Sharma v. Vaughan (City) Committee of Adjustment, 2005 CarswellOnt 5629

Recognition

  • New Brunswick Trial Lawyers’ Association Shield, 2002
  • Smith Lyons Prize in Advocacy, 2000

Insights

  • "No Class Action This Time: Federal Court of Appeal Upholds Arbitration Agreement", International Law Office, April 9, 2013
  • "Court Considers Fairness Versus Fault", Legal Alert, Volume 31, No. 7, October 2012
  • "Ontario's New Environmental Approvals Regime", Focus on Environmental Law, May 2012
  • "Ontario’s New Environmental Approvals Regime", Legal Alert, vol.30, no.12, March 2012
  • "Ontario Court of Appeal: Regulated Utilities Must Balance Rights of Shareholders and Ratepayers", Focus on Energy, August 2010
  • Focus on Alternative Dispute Resolution - August 2010
  • "Ontario Court of Appeal: Regulated utilities must balance rights of shareholders and ratepayers", International Law Office, July 2010
  • "Stay of Arbitration: One Strike and You're Out?", Possibilities - CBA National Alternative Dispute Resolution Section Newsletter, June 2010
  • "Know Your Limits: Forum Selection Clauses Do Not Govern All Disputes", International Law Office, November 2009
  • Co-authored with David McCutcheon "Stay of Arbitration: One Strike and You're Out?" Ontario Bar Association Newsletter, ADR section, Volume 18, No. 2, March 2010
  • Co-authored with David McCutcheon “How to Avoid Undue Expenses in Arbitration”, The Lawyers Weekly, September 2009
  • Co-authored with Sven Hombach and Arden MacLean “New Ontario Environmental Incentives for Energy Efficiency and Renewable Energy”, International Law Office, October 2008

Activities and Affiliations

  • Member, Canadian Bar Association
  • Member, Advocates’ Society
  • Member, Ontario Expropriation Association
  • Member, Young Canadian Arbitration Practitioners
  • Member, Toronto Commercial Arbitration Society

Community Involvement and Pro Bono

Community Involvement

  • Volunteer Soccer Coach with Beaches Community Soccer
  • Co-Chair, United Way Campaign at FMC (2009)
  • Member, Board of Directors and Executive for the Canadian Working Group on HIV and Rehabilitation (CWGHR)
  • Member, FMC Student Committee

Firm Involvement

Member, FMC Student Committee

Presentations

Moderator - "Mediation 101: Fundamentals of Mediation", Civil Litigation Practice and Procedure Brown Bag Lunch Series, Ontario Bar Association, May 16, 2012

Practices

  • Alternative Dispute Resolution (ADR)
  • Arbitration
  • Commercial Litigation
  • Construction and Engineering Disputes
  • Energy Advocacy
  • Energy Litigation
  • Environment and Natural Resources
  • Environmental Litigation
  • Fraud, Corruption and Asset Recovery
  • Real Estate
  • Real Estate Litigation and Dispute Resolution

Industry sectors

  • Construction
  • Rail

Education

  • University of New Brunswick, 2002, LL.B
  • Mount Allison University, 1999, B.Sc. (Biology, Chemistry, French

Admissions and qualifications

Ontario, 2003

Languages

  • English
  • French

Updates

Environment & Climate Change

New Ontario Environmental Incentives for Energy Efficiency and Renewable Energy
Canada | 06 October 2008

A new list of Canadian governmental incentives targeted specifically at businesses is now making it easier to be green. This update provides an overview of the environmental incentive programmes available to businesses located in Ontario, together with a description of the respective eligibility requirements.

Litigation

Jurisdictional challenges to arbitral awards: raise them before they're gone
Canada | 21 May 2019

The Ontario Superior Court of Justice recently provided a comprehensive judicial review of a jurisdictional challenge to an arbitral award. This decision will be of interest not only to car manufacturers, but also to most parties subject to an arbitration agreement. However, the broader takeaway from this case is that non-compliance with the Arbitration Act is not a ground for review. Therefore, jurisdictional challenges must be brought at the beginning of hearings.

Time may not be of the essence when considering specific performance
Canada | 23 April 2019

The Ontario Superior Court of Justice recently outlined when specific performance will be available in a real estate transaction. This decision is a stark reminder of the pitfalls of acting both in bad faith and without diligence in respect of such a transaction. It is also a reminder that a party to an agreement of purchase and sale cannot insist that time is of the essence if (among other things) it breaches the agreement and does not act in good faith.

Cheers to interprovincial trade: first application of Supreme Court of Canada's decision in R v Comeau
Canada | 23 October 2018

The Alberta Court of Queen's Bench recently struck down successive mark-ups on out-of-province craft beer as barriers to interprovincial trade contrary to Section 121 of the Constitution Act 1867. This is the first decision to apply the Supreme Court of Canada's interpretation of Section 121 as developed in R v Comeau. Further, this is the first decision in recent Canadian legal history to declare a legislative provision unconstitutional for violating Section 121.

Supreme Court of Canada upholds trade barrier in beer import case
Canada | 15 May 2018

The Supreme Court of Canada recently determined that New Brunswick's restrictions on the importation of beer are constitutional and held that laws which create an incidental restriction on trade – but otherwise form a rational connection to a broader regulatory regime that is not targeted at restricting trade – will not contravene the Constitution Act 1867. The decision is controversial, as it sets a low threshold for a province to justify a law that, on its face, clearly restrains trade across provincial boundaries.

Supreme Court denies leave to appeal in overtime class action
Canada | 28 May 2013

The Supreme Court recently provided clarity in two leading employment class action cases for unpaid overtime. Two of Canada's largest and most prominent banks had sought leave to appeal the Ontario Court of Appeal's decisions to certify class action lawsuits against them. The Supreme Court's decision denied such leave; as a result, the two class actions will proceed to trial and will be decided on their merits.

No class action this time: Federal Court of Appeal upholds arbitration agreement
Canada | 09 April 2013

The Federal Court of Appeal recently handed down its decision in Murphy v Amway Canada Corporation, affirming the Federal Court's decision and declining jurisdiction to hear a motion to certify a class action in respect of the Competition Act, given the parties' binding arbitration agreement and class action waiver. This decision saw the enforcement of both a binding arbitration agreement and a class action waiver.

Know Your Limits: Forum Selection Clauses Do Not Govern All Disputes
Canada | 17 November 2009

The Ontario Court of Appeal recently judicially considered a contractual forum selection clause by which the parties had agreed that the courts of Texas were to exercise exclusive jurisdiction over claims "arising out of or in connection with" their agreement. Despite the apparent breadth of this clause, the court nonetheless imposed limits.

Anton Piller Orders Must Protect Privileged Information
Canada | 26 September 2006

Anton Piller orders, often called draconian or exceptional remedies, play an important role in the Canadian legal system. Until recently there was some uncertainty surrounding the appropriate safeguards that ought to be present in Anton Piller orders, and what should happen when a search yields potentially privileged information. The Supreme Court of Canada has now weighed in on this debate.