Cynthia Spry

Tel: 416.637.3295cspry@babinbessnerspry.comvCard
Experience

Cynthia Spry joined the partnership at Babin Bessner Spry LLP in 2010. She is consistently recommended as conflicts counsel by several of the best firms in Canada, and has been qualified as an expert on Canadian law (shareholder disputes) in foreign proceedings. Prior to joining Babin Bessner Spry LLP, Cynthia practiced in the litigation departments of two top-tier firms: Davies Ward Phillips & Vineberg LLP and Osler, Hoskin & Harcourt LLP.

Cynthia practices in the areas of class actions, shareholder disputes (including claims for oppression remedies), fraud, contractual disputes, insolvency issues, securities, resource litigation, defamation and executive employment law.

Cynthia appears before all levels of court in Ontario, including the Court of Appeal and the Commercial List of the Superior Court of Justice. She also appears before a number of administrative tribunals, including the Ontario Securities Commission and the Competition Tribunal.

Cynthia served as a Co-Chair of the Commercial Practice Group of The Advocates’ Society from 2012 to 2016, and is a regular panelist at its continuing legal education programs. She also volunteers as Duty Counsel at Law Society Discipline Committee Hearings, and is a member of the Ontario Securities Commission Litigation Assistance Project.

Representative Work

Cynthia’s experience includes acting for:

  • A multibillion-dollar Canadian telecommunications company regarding several false advertising claims, including a number of injunction applications.
  • A major Canadian retailer in connection with international anti-trust class action proceedings dealing with credit card interchange fees charged by Visa, MasterCard, and others.
  • A major telecommunications company in connection with numerous arbitrations pursuant to a commercial arbitration agreement with another major telecommunications provider involving allegations of false advertising.
  • One of North America's largest investors, owners and managers of commercial real estate regarding alleged environmental violations.
  • A large accounting partnership regarding a claim by a departing partner for goodwill in the partnership.
  • An international solar company in an arbitration regarding alleged deficiencies in certain projects, and an application by the solar company to enforce the arbitral award granted in its favour.
  • A number of former public sector employees in claims against their financial and legal advisors arising out of the promotion of tax shelters and the mismanagement of pension funds.
  • A Canadian trust company regarding a claim for an oppression remedy and wrongful dismissal.
  • An individual involved in alleged cross-border auto parts price-fixing.
  • An app developer regarding claims against Canada's largest circulation newspaper for breach of contract, breaches of the Copyright Act, breaches of the Trade-Marks Act, false and misleading representations made in breach of the Competition Act and damages for injurious falsehood.
  • A director regarding allegations by a public company that he breached his duties to the company and for an oppression remedy.
  • Various individuals claiming negligence and breach of fiduciary duty by lawyers.
Publications & Events

PRESENTATIONS

  • Speaker, Vancouver Ethics Breakfast (Financial Planners Standards Council, November 25, 2016) 
  • Speaker, Toronto Ethics Breakfast (Financial Planners Standards Council, November 23, 2016) 
  • Speaker, Evidence for Litigators (The Advocates’ Society, November 21, 2016)
  • Speaker, 2016 Securities Symposium (The Advocates’ Society, September 12, 2016)
  • Speaker, Negotiation Strategies for Litigators (The Advocates’ Society, April 25, 2016)
  • Moderator, Commercial Women’s Breakfast (The Advocates’ Society, April 1, 2016)
  • Speaker, Top Commercial Cases of 2015 (The Advocates’ Society, March 1, 2016)
  • Speaker, Top Commercial Cases of 2014 (The Advocates’ Society, February 26, 2015)
  • Speaker, Leading Commercial Litigation Cases of 2012 (The Advocates’ Society, February 20, 2013)
  • The Advocates’ Society Policy Forum: Controlling the Discovery Process, Paper Presented at Streamlining the Ontario Civil Justice System, A Policy Forum, March 9, 2006 (co-authored)
  • Civil Liability in Secondary Markets, Paper Presented at the 5th Annual Advanced Forum on Securities Litigation, November 14 & 15, 2005 (co-authored)
  • Judicial Intervention in Commercial Arbitrations, Paper Presented at the Osgoode Hall Law School Professional Development Program on Recent Developments in Corporate Litigation, June 10, 2005 (co-authored)

PUBLICATIONS

  • Cynthia Spry, Julia Webster and Morgan Westgate, “Appellate Court Treatment of Bhasin v. Hrynew: Developing the Duty of Food Faith in 2016” (August 2016), Commercial & Business Litigation Journal Vol. 1:1, The Canadian Institute.
  • "Injunctions in Misleading Advertising Cases" (2011) 24:1 Canadian Competition Law Review 69 (co-authored)
  • "Ontario Court of Appeal Strikes Claims Against Directors of Junior Mining Company: Insufficient Facts Pled to Ground Personal Duty of Care" (2011) 25: 4 Corporate Liability 98 (co-authored)
  • "A Bird in the Hand: Deal Protection Techniques and Directors' Fiduciary Duties, Paper Presented at The Advanced Legal and Business Guide to Mergers & Acquisitions" 2006 (co-authored)
Affiliations & Education

Professional Affiliations:

  • Law Society of Upper Canada
  • Canadian Bar Association
  • The Advocates’ Society
  • Toronto Lawyers Association

Bar Admission:

  • Ontario, 2006

Education:

  • Queen’s University, LL.B., 2005
  • Guelph University, B.A. (Hons., English Literature), 2001

 

litigator
speaker
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