Overview

“Derek is quite simply the best. His dedication and preparation are second to none. He is a strong leader and surrounds himself with a complementary team to ensure they have the best chance to win.”

Derek positions his clients for success with his extensive experience litigating a wide range of complex commercial disputes, including mining, telecommunications, fraud and securities, class actions, competition and product liability cases. With a reputation as a skilled technical lawyer and an excellent advocate, one client described him in Chambers Canada as “very good at taking complex technical arguments and synthesising them for clients.”

He has been lead counsel on several trials and appeals before a variety of courts and tribunals across Canada, including trial and appellate courts in various provinces, the Ontario Securities Commission and the Competition Tribunal. These have included numerous precedent-setting matters for high-profile corporations. Derek also has extensive experience in commercial arbitration, both domestically and internationally.

Derek is the sole representative for Toronto of ICC FraudNet, an invitation-only global network of fraud and asset recovery legal specialists administered by the International Chamber of Commerce. He is also a frequent author and speaker for continuing education programs on commercial litigation and advocacy.

Successfully defended Google LLC, Alphabet Inc. and Google Canada Corporation in the first ever application brought before the Canadian Competition Tribunal by a private party for leave to proceed with a private claim on behalf of millions of Canadians and Canadian businesses under novel amendments to the Competition Act that came into effect in June 2025. The application and proposed claim concern allegations of abuse of dominance in the provision of internet search engine services as well as allegedly anticompetitive agreements between Google and Apple Inc.

Acting for Dye & Durham in a dispute with a major shareholder, Plantro Ltd. and former CEO Matthew Proud, concerning a cooperation agreement between the parties.

Acted for Dye & Durham’s board in responding to actions by major shareholder Plantro Ltd. and former CEO Matthew Proud, leading to a cooperation agreement under which Plantro appointed an independent director and Dye & Durham initiated a strategic review process.

Acting for U.S. activist shareholder Engine Capital LP, which holds 2.5% of Parkland Corporation’s shares, in its call for a shareholder-driven board reconstitution.

Practice Areas

• Civil Litigation

Bar Information

Called to the bar: 2006 (ON)