Overview

Nick has a well-rounded litigation practice focusing on class action defence, particularly in relation to securities, competition and consumer law. He also advises on various types of contractual and shareholder disputes such as oppression cases and brokers’ liability cases.

Nick has gained broad trial and appellate experience, including at the Supreme Court of Canada. Clients across a wide range of industries – including telecommunications, retail, mining, technology and aerospace – trust Nick for his detail-oriented approach. His current caseload includes several large securities class actions, as well as matters regarding allegations of international price-fixing conspiracies and several consumer law class actions involving some of Canada’s largest retailers.

Nick is a fellow of the American College of Trial Lawyers and a member of the firm’s Management Committee. He is a frequent speaker at industry conferences across Canada.

Acted successfully for Brault & Martineau Inc. in defence of a class action instituted on behalf of consumers who purchased goods with financing that was alleged to breach the provisions of the Consumer Protection Act.

Acting for Brault & Martineau Inc., Corbeil Électrique Inc. and Sears Canada Inc. in defence of various class actions instituted on behalf of consumers alleging that the sale of additional warranties breaches the provisions of the Consumer Protection Act.

Acted successfully for a Québec-based gas retailer in connection with criminal charges laid by the Competition Bureau for alleged price-fixing and related class actions. Davies has succeeded in obtaining a stay of the criminal proceedings against its client based on a breach of its constitutional rights.

Acted for Kamaya Electric Co. Ltd. and Kamaya, Inc. in their defence of a class action alleging price-fixing in respect of linear resistors sold directly and indirectly into the Canadian market.

Successfully represented SK hynix Inc. and SK hynix America Inc. in their defence of multiple class actions across Canada alleging anticompetitive conduct in respect of the sale of dynamic random-access memory (DRAM) chips, including with respect to cross-border issues arising out of parallel U.S. class actions. Davies successfully defeated certification in the Québec Superior Court, the Quebec Court of Appeal, the Federal Court of Canada and the Federal Court of Appeal, a result that is rarely seen in competition class actions.

Practice Areas

• Civil Litigation
• Class Action Plaintiff

Bar Information

Called to the bar: 1999 (QC); 2001 (ON)