Profile
John Chapman’s practice is in corporate and commercial litigation including contract disputes, real estate litigation, shareholder remedies, fiduciary obligations, insolvency and class actions.
He has appeared before all levels of trial and appellate courts and before domestic and international arbitral tribunals. A significant percentage of his practice is in the Ontario Commercial Court. He has also represented members of the National Hockey League in salary arbitrations with their players.
He has successfully acted as lead counsel on multi-million dollar disputes relating to matters as diverse as the supply of defective equipment incorporated into an Australian zinc refinery, cost overruns and delays incurred in a hazardous waste decontamination project, litigation surrounding closure of major anchor supermarket tenants in retail malls, the restructuring of a major beverage manufacturer plagued by highly acrimonious shareholder relations, the enforcement of security by major Canadian financial institutions and mass investor frauds.
Education
- LL.B., University of Toronto, 1981
- B.Sc. Mathematics, Queen's University, 1979
Representative Work
- Iovate Health Sciences v. NxCare Inc., [2007] O.J. No. 4498 (order striking statement of claim in confidential information action)
- 1175777 Ontario Inc. v. Magna International Inc., [2006] CanLii No. 39907; appeal dismissed [2008] O.J. No. 1991 (successful defence after 16 day trial of action in which over $20 million was claimed for breach of an alleged lease)
- Neste Canada Inc. v. Reichhold Ltd., [2005] O.J. No. 3572 (35 day trial involving the recovery of $5.93 million in case involving alleged soil and groundwater contamination at a formaldehyde plant in the Province of Quebec.)
- Seed v. ING Halifax Insurance, [2005] 78 O.R. (3d) 481 (Div. Ct.) (review of arbitrator’s award)
- Re AT & T Canada Inc., [2003] O.J. No. 5086 (equitable subordination of shareholder claims)
- Re Air Canada, [2003] O.J. No. 5525 (impact of restructuring on aircraft lease arrangements)
- Haskett v. Equifax Canada Inc. et al, [2003] 63 O.R. 3d 577 (Ont. CA) (class proceeding)
- Despault v. King West Village, [2001] O.J. No. 2933 (successful application for class certification)
- 1175777 Ontario Limited v. Magna International et al (2001), 200 D.L.R. (4th) 521 (Ont. C.A.) (pleadings motion with respect to adding a claim against the chairman of board of auto parts manufacturer)
- Jason Woolley v. Buffalo Sabres (1999) (player’s salary request of $2.05 million, Club offer of $800,000; award of $950,000)
- Isgaard International Corp v. Citibank Canada (1997), 46 C.B.R. 210 (successful defence of improvident sale claims; damage of $15 million claimed)
- McKinlay Transport v. MTIRB (Ont. Gen. Div., Feb. 13, 1996) (successful defence of conspiracy action after 30+ day trial)
- Ensco Inc. v. M.O.E.E. (R.E. Holland arbitration, March, 1995) (recovery of $5.4 million by contractor after 30+ day hearing)
- Chatham Centre Mall Ltd. v. A&P Canada (1994), 40 R.P.R. (2d) 124 and 566719 Ontario v. New Miracle Food Mart (1994), 41 R.P.R. (2d) (successful defences of specific performance claims brought by landlords)
- Bakorp Management v. Pepsi-Cola Canada and Crown Cork & Seal Canada Ltd., [1994] O.J. No. 873 (summary judgment dismissing $200 million claim against can manufacturer)
Publications
- An Alternative to Common Law Misrepresentation Claims, Selected Topics in Corporate Litigation: Proceedings of the 7th Queen's Annual Business Law Symposium (Kingston, ON: Queen's University, 2000), 2011
- Class Proceedings For Prospectus Misrepresentation, (1994) 73 Can. Bar Rev. 492, 2011
- Tax Accountant Privilege, Lawyers Weekly, 2010
- The Advocates Qaurterly, 2009
- Institutional Activism: Current Trends and Emerging Legal Issues, (2007) 44 Canadian Business Law Journal, 2009
- The Advocates Quarterly, Vol. 34, 2009
- The Canadian Class Action Review, 2009
- Eight (Unanswered) Questions on the New Limitations Act, The Advocate’s Quarterly (2008), 2008
- Class Proceedings, Gains-based Claims and Deterence, Canadian Class Action Review, 2007
- Limitations Act Implications: Ford Motor Co. of Canada v. OMERS, The Advocate’s Quarterly, 2004
- Joinder of Corporate Directors, Officers and Employees, The Canadian Bar Review, 2001
- Mistake, Sharp Practice, Equity and the PPSA, The Canadian Bar Review, 1999
- Class Proceedings for Prospectus Misrepresentations, The Canadian Bar Review, 1994
Key Practice Expertise
Areas of Focus
- Appellate and Complex Litigation
Year of Call
- Ontario Bar, 1983