 Bennett Jones Education Queen's University, BA (Hons.), 2010 Osgoode Hall Law School, JD, 2015 Bar Admissions Ontario, 2016 Alex Payne is a skilled litigator and problem solver with extensive experience in complex, high-stakes disputes, offering clients strategic advocacy across commercial litigation, arbitration, adjudication and dispute resolution. Overview An experienced trial lawyer, Alex takes a practical approach to litigation—he aligns legal strategy with his clients’ broader business objectives to target the most efficient route to an appropriate resolution, whether through negotiated settlement or formidable advocacy before courts and tribunals. Alex advises clients on a wide range of complex commercial litigation matters—including highly contentious insolvency disputes, real-time shareholder oppression proceedings, contractual disputes, fraud and asset recovery, as well as financial crimes and professional negligence. He has appeared before all levels of court in Ontario, the Supreme Court of British Columbia and assisted on cases before the Supreme Court of Canada. With extensive experience in motions, applications, trials and appeals, Alex frequently appears before the Commercial List of the Ontario Superior Court of Justice. He also supports clients in internal investigations and disputes involving fraud and employee misconduct, collaborating with regulators and law enforcement when necessary. Complementing his general commercial litigation work, Alex is uniquely positioned to deliver targeted counsel in:
Alex has been repeatedly recognized as “One to Watch” in Corporate and Commercial Litigation by Best Lawyers in Canada, first being recognized in 2021 after acting as counsel on a complex, multi-billion-dollar fully electronic four-month trial on the Commercial List of the Ontario Superior Court of Justice. Prior to joining Bennett Jones, Alex completed his JD at Osgoode Hall Law School, where he won several awards for oral advocacy. Alex is a member of the Toronto Lawyers Association, the Ontario Bar Association, the Canadian Bar Association and the Advocates' Society. Commercial Litigation • Nuance Pharma in its successful applications seeking the recognition and enforcement of an arbitral award and the termination of a CCAA proceeding and the appointment of a receiver under the Courts of Justice Act • Invenia Technical Computing Corporation in its successful urgent application for relief arising from an individual improperly holding himself out as sole director, President, CEO, and Chairman of the company • Representation of the joint liquidators of Stanford International Bank in recovery efforts arising from losses in the amount of $5.5 billion, the world's second largest Ponzi scheme. • An apartment complex and its directors in its recovery efforts of at least C$10 million of improper transfers from Buduchnist Credit Union to various fraudulent co-conspirators, including various Hong Kongese entities • Arab Jordan Investment Bank, Bank Al Etihad and Jordan Kuwait Bank in their action for the recognition and enforcement of various final Jordanian judgments in the aggregate amount of over C$25 million Construction and Infrastructure • A North American gold producer in a highly complex and expedited interim adjudication under the Construction Act in respect to unpaid invoices • Representation of a subcontractor in respect of disputes arising out of the construction of the Gordie Howe International Bridge, a multi-billion-dollar infrastructure project • Schindler Elevator Corporation in multiple disputes arising from the multi-billion-dollar Toronto-York Spadina subway extension infrastructure project • Representation of dewatering subcontractor in construction dispute regarding positive dewatering work performed at a condominium development • Representation of Impala Canada Ltd. in construction disputes arising out of capital improvements to a mining mill • Representation of general contractor in disputes arising out of capital improvements to a pulp and paper mill Class Actions and Mass Torts • Pharmascience in its successful summary judgment motion dismissing a proposed multi-billion-dollar class action, and in defence of multiple class actions in jurisdictions across the country involving allegations regarding the presence of nitrosamine impurities in pharmaceutical products • Representation of the former auditors of Buckingham Securities in the Superior Court of Justice, the Ontario Court of Appeal, and the Supreme Court of Canada in the successful defence of a class action, and in securing the dismissal of a negligence claim against the defendant accounting firm • The City of Ottawa in its successful defence of the certification of a class action in the Superior Court of Justice, the Divisional Court, and the Supreme Court of Canada • Representation of C.R. Bard Inc. and its affiliates in defence of several proposed product liability class actions regarding surgical mesh indicated for use in the reconstruction of soft tissue deficiencies, such as for the repair of hernias. |