Douglas M. Worndl

Douglas M. Worndl

Location:
Toronto, Ontario, Canada
Phone:
416-363-1867 (ext. 312)
Fax:
416-363-0263
Email:

Doug Worndl is Senior Counsel in Rochon Genova’s Class Actions and Corporate/Commercial Litigation groups.

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

Before joining Rochon Genova, Doug practiced for 7 years as a partner at prominent Toronto class action firm and for more than 19 years (+15 years as a partner) at one of Canada’s largest law firms, where his practice focused on corporate/commercial, product liability, aviation and securities litigation.

Since January 2011, Doug’s practice has focused on investor recovery by way of securities class actions.  His clients have included individual and institutional investors who have suffered losses as a result of breaches of duty by capital markets participants. He has been involved in virtually all aspects of the prosecution of securities class actions as is reflected in many reported decisions where he has appeared as counsel.  Notable securities class actions where Doug has appeared for shareholders include actions against issuers Baffinland Iron Mines Corporation, Zungui Haixi Corp., SNC-Lavalin Group Inc., Donnybrook Energy Inc., Canadian Solar Inc., and Home Capital Group Inc.

Doug has appeared before all levels of court in Ontario, the Court of Queen’s Bench of Alberta, the Supreme Court of British Columbia, the Supreme Court of Canada, and on a number of private commercial arbitrations.

Doug was also Counsel and Director of Research to the Federal Commission of Inquiry into the Air Ontario Crash at Dryden, Ontario (1989-1991) which served as catalyst to substantial improvements in aviation safety in Canada.

Doug works extensively with experts in the areas of accounting, auditing, underwriting and corporate finance, corporate governance, economics, and in the mining, petroleum, and financial services industries.

He is a frequent writer, speaker and lecturer on securities law and policy, particularly in the areas of enforcement, investor protection, investor recovery, and statutory civil liability.  Doug has appeared before the Ontario Securities Commission to make submissions regarding the OSC’s "no-contest settlement" initiative.  He has been a contributor to the Globe and Mail Report on Business on securities enforcement issues, and is a frequent guest lecturer at Osgoode Hall Law School.

 

Areas of Practice

  • Securities Class Actions
  • Complex Commercial Litigation
  • Aviation Litigation

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Ontario, 1989

Education

  • University of Toronto, Faculty of Arts and Science, Toronto, Ontario, Canada
    • B.A., Economics and History – 1984
  • University of Toronto, Faculty of Law, Toronto, Ontario, Canada
    • LL.B. – 1987
  • Osgoode Hall Law School, Toronto, Ontario, Canada
    • LL.M. – Securities Law - 2008

Representative Cases

  • Celanese Canada Inc. v. Murray Demolition Corp., [2006] 2 SCR 189 (leading SCC authority on Anton Pillar relief, solicitor-client privilege)
  • Abdulla v. Canadian Solar Inc., (2012) 110 O.R. (3d) 256 (C.A.); 2015 ONSC 53; 2014 ONSC 5167 (Certified global class action claiming OSA Part XXIII.1 misrepresentation and statutory oppression)
  • Rooney v. Arcelor Mittal SA (2016) 133 O.R. (3d) 387 (C.A.) (successful appeal re: scope of investor remedies (rescission vs. damages) under take-over bid civil liability provisions of OSA Part XXIII; leading appellate authority on modern approach to statutory interpretation as applied to OSA)
  • McDonald v. Home Capital Group, 2017 ONSC 5004 (Concluded securities class action relating to near collapse of Canada’s largest sub-prime mortgage lender)
  • Zaniewicz v. Zungui Haixi Corporation, 2013 ONSC 5490 (Concluded securities class action involving allegations of misrepresentation in financial statements and auditor and underwriter negligence in connection with an initial public offering of securities by an Ontario public company whose operating subsidiaries were in China)
  • The Trustees of the Drywall Acoustic Lathing and Insulation Local 675 Pension Fund v. SNC-Lavalin Group Inc., 2016 ONSC 5784 (Ongoing securities class action relating to multinational engineering and construction firm).
  • 1654776 Ontario Limited v. Stewart (2013) 114 OR (3d) 745 (CA) (leading appellate authority regarding Norwich Pharmacal relief)

Representative Clients

  • Aviation Insurance in New York, London and Toronto

Classes/Seminars

  • Role of Private Litigation in the Enforcement of Securities Laws – Shareholder Class Actions and Other Remedial Tools” (Toronto, multiple guest lectures between 2011 and 2017)
  • Osgoode Hall Law School JD Seminar on Litigation and Regulatory Risk, Topic: “Corporate Accountability: the Role of Private Litigation in the Enforcement of Securities Laws – Shareholder Class Actions” (Toronto, January 2018)
  • Osgoode Hall Law School JD Seminar on Litigation and Regulatory Risk, Topic: “Securities Class Actions – Settlement Strategies” (Toronto, February 2016)
  • FAIR Canada / Osgoode Hall Law School Symposium – Public & Private Enforcement: Improving Recovery for Harmed Investors, Panel Topic: “Jurisdictional Issues Involving Foreign Investors, Foreign Exchanges and Foreign Public Companies” (Toronto: October 26, 2015)
  • Appeared before Ontario Securities Commission Enforcement Policy Hearing on No-Contest Settlements and other Enforcement Initiatives (Toronto: June 17, 2013)
  • Op-Ed – Globe and Mail, “Just say no to OSC’s no-contest settlements”, with A. Dimitri Lascaris (January 31, 2012)
  • Panel Moderator – American Bar Association Forum on Air & Space Law Annual Meeting and Conference – Panel: Developments in International Aviation, topics included: “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)

Professional Associations and Memberships

  • Law Society of Upper Canada, Member, 1989 - Present
  • Canadian Bar Association, Member, 1989 - Present
  • Advocates' Society, Member, 1992 - Present
  • American Bar Association, International Associate Member, 1996 – Present

Past Employment Positions

  • Canadian Commission of Inquiry, Director of Research and Counsel, 1989 - 1991

Pro Bono Activities

  • Law Society of Upper Canada (Member)