Gordon Capern is a senior partner and a leader of the firm’s corporate and commercial litigation practice.
Gordon enjoys representing the interests of entrepreneurs and has spent much of his career acting in cases involving businesses where there are significant interests at stake. He has advised clients and acted as counsel in the resolution of disputes in all areas of corporate and commercial activity, including:
- issues arising from complex commercial transactions, including mergers and acquisitions in a wide array of industries
- liability of professional advisors, including auditors, accountants and lawyers
- shareholder and partnership disputes
- director, officer and employee litigation, with considerable expertise in their fiduciary obligations
- franchises and dealerships
- Osgoode Hall Law School, LLB, 1989
- International Academy of Trial Lawyers, Fellow
- International Society of Barristers, Fellow
- Two-term director of the Advocates Society (www.advocates.ca), the leading organization for litigation counsel in Ontario, where Gord has acted as the Vice-Chair of its Standing Committee on Advocacy and Practice and the Chair of its Collegiality, Mentoring and Membership Committee, and where he teaches extensively on advocacy.
*Practising as a professional corporation.
Gordon has appeared before all levels of Ontario Courts, and has extensive experience in mediation and arbitration. He has been involved in a number of significant briefs including acting as counsel to:
- Hollinger Inc. in claims against its auditors and its banking syndicate
- Barrick Gold in a claim relating to the ownership of a Chilean mine
- respondents in high-profile insider trading and tipping cases before the Ontario Securities Commission
- stakeholders in the restructuring of Canada's Asset-Backed Commercial Paper market
- minority Hollinger shareholders in proceedings before the Ontario Securities Commission
- the successful respondent at the Ontario Court of Appeal in a decision which established the proper procedures in pursuing shareholder derivative actions under the Ontario Business Corporations Act: Lederer v. 372116 Ontario Limited 2001 CanLII 24159 (O.C.A.)
- City of Toronto at the Toronto Computer Leasing Inquiry.
Awards and Honours
Ranked by Chambers Canada 2019 in Band 3 of Litigation: General Commercial practice area in Ontario
Gordon is recognized as a leading litigation lawyer in:
- Chambers Global
- Chambers Global, Canada
- The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
- Lexpert/Report on Business Guide to Leading Litigation Lawyers
- Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada
- Best Lawyers in Canada
- Benchmark Litigation
- Featured in the Globe and Mail's Lexpert®/Report on Business Magazine Litigation Lawyer, December 2015
- Listed in The Best Lawyers in Canada in Corporate Commercial Litigation, 2015
Publications and Presentations