Matthew M. A. Stroh’s representative work includes:

Reported Decisions:

  1. LBP Holdings Ltd. v. Allied Nevada Gold Corp., 2016 ONSC 6037. Defeated a motion for leave to appeal a lower court judgment adding two investment banks to a proposed securities class action.
  2. LBP Holdings Ltd. v. Allied Nevada Gold Corp., 2016 ONSC 5326 (Div. Ct.). Successful in striking out a reply factum filed in the Divisional Court on the basis that it failed to comply with Rule 61.03.1(11).
  3. Mask v. Silvercorp Metals Inc., 2016 ONCA 641. Co-counsel for the appellant on an appeal from the denial of leave to proceed under Part XXIII.1 of the Securities Act, R.S.O. 1990, c. S.5.
  4. Kaynes v. BP, P.L.C., 2016 ONCA 601. Successfully represented the moving party in a motion before a panel of the Court of Appeal to set aside a forum non conveniens stay on the basis of circumstances arising after the stay was initially granted.
  5. LBP Holdings Ltd. v. Allied Nevada Gold Corp., 2016 ONSC 1629; 130 O.R. (3d) 401. Successful motion to add two investment banks to a securities class action following the reporting issuer filing for protection under Chapter 11 of the U.S. Bankruptcy Code. Defeated a cross-motion to strike out two expert report on the basis of alleged bias.
  6. Mask v. Silvercorp Metals Inc., 2015 ONSC 7780. Successful in reducing a costs award by $392k.
  7. Mask v. Silvercorp Metals Inc., 2015 ONSC 5348. Represented the proposed representative plaintiff on a motion for leave to proceed under Part XXIII.1 of the Securities Act, R.S.O. 1990, c. S.5, and certification under the Class Proceedings Act, 1992, S.O. 1992, c. 6.
  8. Mask v. Silvercorp Metals Inc., 2014 ONSC 7381. Defeated a motion for leave to appeal to the Divisional Court on the grounds of mootness.
  9. Mask v. Silvercorp Metals Inc., 2014 ONSC 5727. Successful motion for the production of the drafts of a “hybrid” witness’ affidavits on the basis that litigation privilege had been waived.
  10. Kaynes v. BP plc, 2014 ONCA 580; 122 O.R. (3d) 162. Represented the respondent on an appeal to the Court of Appeal concerning jurisdiction simpliciter and forum non conveniens in a proposed global securities class action involving the 2010 Horizon Deepwater oil spill.
  11. Mask v. Silvercorp Metals Inc., 2014 ONSC 4647. Represented the moving party on a motion for leave to appeal to the Divisional Court.
  12. Mask v. Silvercorp Metals Inc., 2014 ONSC 4161; 121 O.R. (3d) 705. Represented the moving party on a production motion to obtain documents referred to in affidavits tendered by a respondent.
  13. Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2013 ONSC 4901 (Div. Ct.). Represented the moving party on a motion for leave to appeal to the Divisional Court.
  14. Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2013 ONSC 4846. Decision on costs.
  15. Excalibur Special Opportunities LP v. Schwartz Levitsky Feldman LLP, 2013 ONSC 3271. Represented the respondent on a motion by a proposed representative plaintiff for leave to maintain a securities class action commenced in violation of the registration requirements of the Limited Partnerships Act, R.S.O. 1990, c. L.16.
  16. Rousseau v. Scotia Mortgage Corp., 2013 ONSC 677. Successfully defended a lawyer against a personal costs award under Rule 57.07.

Unreported Decisions:

  1. Mask v. Silvercorp Metals Inc. et al (September 22, 2014, Ct. File No. CV-13-480848-00CP). Successfully defeated a motion to strike out affidavit evidence in advance of a substantive hearing on the basis that the rule against case spitting did not apply to motions for leave to proceed under Part XXIII.1 of the Securities Act, R.S.O. 1990, c. S.5.
  2. Wilson-Myers et al v. Jason Flear et al (September 29, 2011, Ct. File No. 70940/04). Successful motion for production of collateral insurance files on the eve of trial.
  3. 1588444 Ontario Ltd. dba Alfredo’s et al v. State Farm Fire and Casualty Company (September 20 and October 20, 2011). Motion to stay a corporation’s action in an insurance coverage dispute on the grounds that the sole individual director and shareholder of the corporate plaintiff declared bankruptcy after the cause of action arose. Second motion to vary a previous order on whether the plaintiffs had to re-attend examinations for discovery.
  4. Heartworks Communications Inc. v. The Dalton Company Ltd. et al, (August 15, 2011, Ct. File No. CV-09- 371054). Co-counsel for the responding party on a complex summary judgment motion that turned on the impact of a release signed by the insured on the insurer’s subrogated claim in the context of a construction negligence case.
  5.  Vandenbergh et al v. State Farm Fire & Casualty Company (August 9, 2011, Ct. File No. CV-08- 00367571). Motion to prohibit one plaintiff from attending the other’s examination for discovery and for a further and better affidavit of documents in an insurance coverage dispute involving antiques.
  6. Crawford Funeral Services Ltd. v. Sparks (July 5, 2010, Ct. File No. CV-09-382244). Successful motion for judgment in this subrogated fire loss case.
  7. Myers et al v. Rolfe (July 5, 2011, Ct. File No. 06-CV-306047PD3). Motion to dismiss a minor’s case for delay.
  8. Griffith v. Knox (June 22, 2011, Ct. File No. CV-09-387526). Successful motion to compel answers to undertakings and a further and better affidavit of documents.
  9. Latta et al v. State Farm Insurance et al (April 14, 2011, Ct. File No. SC-11-00071620). Successfully had an application before the Small Claims Court dismissed on the basis that the court lacked jurisdiction to hear applications or grant the specific equitable relief sought.
  10. Staffiere v. Bajaj et al (October 5, 2010, Ct. File No. CV-08-092419-00). Motion to strike out a responding affidavit and for summary judgment on the bases that the moving party was not negligence in causing a motor vehicle accident.
  11. Hoosein v. Gopalakrishnan et al. (November 18, 2010, Ct. File No. 63365/09). Successful motion to add the guardian of an underage motorist as a defendant to an action, pursuant to s. 10(2) of the Parental Responsibility Act, S.O. 2000, c. 4, on the basis of negligent parental supervision.
  12. Khan v. Vrana (September 17, 2010, Ct. File No. CV-09-0541-00). Successful motion for a further and better affidavit of documents and disclosure of business records in an occupiers’ liability case.
  13. Orr v. Magna Entertainment Corp., [2009] O.J. No. 5818 (C.A.). Drafted the responding materials and assisted in responding to the appeal of a trial judgment that turned on the contractual interpretation of the severance provisions contained in an executive employment agreement.
  14. LaCalamita v. McCarthy Tétrault LLP (April 23, 2009, Ct. File No. 08-CV-352778PD1). Drafted factum for successful motion for the production of partnership documentation in this wrongful dismissal and sexual discrimination case.
  15. Ramdass v. Jairam et al, [2008] CCJ 6 (AJ). Prepared a bench memorandum for a land dispute appeal originating out of Guyana before the Caribbean Court of Justice pursuant to its appellate jurisdiction. This case turned on whether equitable interests in land are recognized under Guyanese law due to that country’s unique history of bijuralism of English common law and Roman-Dutch civil law.