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Murray Braithwaite Toronto Lawyer

Murray J. Braithwaite

Partner Fasken
It is crucial to review the various types of privilege that may apply to communications with someone other than your lawyer, and the potential significance of differing law in Federal and Provincial courts.
Jurisdiction British Columbia, 1994 | Ontario, 1989
Language(s) English
Office(s) Toronto
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Overview

Murray Braithwaite’s practice focuses on analysis, research, strategy and argument for complex corporate, commercial and securities litigation. Frequently engaged to address difficult legal issues, Murray advises on a wide range of matters including contract, constitutional, administrative, indigenous, insurance regulation,  financial regulation, accounting regulation and trusts.

A versatile researcher, clients enlist Murray’s acumen to tackle unique legal briefs. For matters requiring the invention of novel institutional approaches, Murray seamlessly accommodates both regulatory and constitutional limitations. Briefs developed include the design and formation of the Canadian Public Accountability Board, which enabled accounting oversight in the manner of Sarbanes-Oxley within the Canadian constitutional context of divided provincial jurisdictions in both securities and accounting regulation.

An active and experienced litigator, many of Murray’s cases have been featured in Lexpert’s “Top Deals & Cases” as well as the publication’s “Deals of the Year” lists.

Client Work

  • Anglo Pacific Group acquires South32 royalty portfolio, [Deal - Anglo Pacific Group PLC], On July 19, 2022, Anglo Pacific Group PLC (“APG”), an LSE and TSX listed company, acquired a portfolio of royalties over advanced development stage copper and nickel projects from South32 Royalty Investments Pty Ltd for US$185 million (with further contingent consideration of up to US$15 million)...
  • Lithium Royalty Corp. v. Orion Resource Partners et al., [Case - Trident Royalties PLC], Representing mining royalty company in dispute over purchase of lithium royalty
  • Fasken successfully appeals the first ever non-party costs award against Legal Aid Ontario, [Deal - Legal Aid Ontario], On June 27, 2019, the Ontario Court of Appeal overturned the first ever non-party costs award against Legal Aid Ontario (“LAO”). In the Family Court decision below, the application judge awarded costs against LAO on the basis of abuse of process, holding that LAO failed to adequately monitor and ...
  • Windsor-Detroit Bridge Authority achieves financial close Gordie Howe International Bridge Project, [Deal - Windsor-Detroit Bridge Authority], On September 28, 2018, Windsor-Detroit Bridge Authority, a Crown corporation of the Government of Canada, reached financial close with Bridging North America General Partnership (a partnership indirectly held by ACS Infrastructure Canada Inc., Fluor Canada Ltd. and Aecon Concessions, a division o...
  • CDS Clearing and Depository Services amended credit facility, [Deal - CDS Clearing and Depository Services Inc.], On March 27, 2018, CDS Clearing and Depository Services Inc. (“CDS”)  amended the secured standby liquidity facility it has maintained since 2014 which provides liquidity to support processing and settlement activities in the event of certain CDS participant defaults.  The amended secured standby...
  • Automodular Corporation v. General Motors of Canada Limited (GM), [Case - Automodular Corporation]
  • Sidense acquires by Synopsis Canada, [Deal - Sidense Corp.], On October 17, 2017, Sidense Corporation was acquired in a private transaction by Synopsys, Inc. (Nasdaq:SNPS). The acquisition adds to Synopsys’ DesignWare NVM IP portfolio by offering Sidense’s one-time programmable non-volatile memory for automotive, mobile, industrial and Internet of Things (...
  • Metro acquires The Jean Coutu Group for $4.5 billion, [Deal - The Jean Coutu Group], On October 2, 2017, Metro Inc. (TSX: MRU) and The Jean Coutu Group (JCP) Inc. (TSX: PJC.A) announced that they had signed a final  merger agreement under which Metro will acquire all outstanding Class “A” subordinate voting shares of the Jean Coutu Group and all outstanding Class “B” shares of th...
  • SFG Parent completes reorganization, [Deal - SFG Parent, Inc.], Specialty Foods Group Income Fund, a cross-border income trust, went public in 2003 at $10 per unit. Due to financial reverses, it was forced to restructure in 2006. That restructuring failed to produce a viable ongoing Income Fund such that, when the units were ultimately cease traded in 2009, t...

Career & Education

Education

  • Ph. D., Law University of British Columbia
  • LLM University of British Columbia
  • AB, Honours Cornell University
  • LLB University of Toronto

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association

Knowledge

Events

Publications

  • Recent Rights Plan Decisions: Understanding the Current Fractured Landscape, 7/31/2010
  • Fair To Whom? The Quebec Court Of Appeal's Decision In The Matter Of The Proposed Arrangement Concerning BCE Inc., 6/16/2008
  • South Africa's Mineral and Petroleum Resources Development Bill, 5/1/2002

Speaking Engagements

  • Common Interest Privilege: When can Legal Advice be Shared to Facilitate a Commercial Deal without Waiving Solicitor-Client Privilege?, 6/16/2017
Common Interest Privilege: When can Legal Advice be Shared to Facilitate a Commercial Deal without Waiving Solicitor-Client Privilege? location location Toronto

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