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John M. Picone Picture

Email to John M. Picone John M. Picone

Associate

OfficeToronto

t: 416 640 6041
f: 416 360 8877
e: send email

Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON  M5H 3C2
Canada

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Expertise

Year of Call

Ontario, 2010

Education

LL.M., University of Cambridge, 2012

J.D. (Gold Medal), University of Windsor, 2009

B.A. (Hons), University of Toronto, 2005

John M. Picone

John Picone is a member of our Litigation Group. His practice focuses on complex securities, corporate, and commercial litigation, with an emphasis on shareholder disputes, oppression claims, class actions, and regulatory investigations. John takes a strategic, analytical, and practical approach to complicated disputes, while focusing on business needs and the big picture.  

John has extensive experience representing public and private corporations, directors and senior management, and shareholders in the financial services, pharmaceutical, construction and infrastructure, and mining sectors.  He has appeared as counsel before the Supreme Court of Canada, the Court of Appeal for Ontario, the Ontario Superior Court of Justice, the Ontario Securities Commission, and other commissions and tribunals.

While in law school, John received numerous scholarships, awards and distinctions, including finishing first in his graduating class.  He has since completed a Master of Laws degree from the University of Cambridge, with the designation of specialist in commercial law.

Representative Work

John has recently acted for the following clients:

  • Allied Nevada Gold Corporation, and its officers and directors, in a securities class action before the Ontario Superior Court of Justice alleging misleading and inaccurate financial, operational and technical disclosure
  • North Halton Golf and Country Club Limited in a securities class action before the Ontario Superior Court of Justice alleging disclosure violations and oppression in respect of a capital restructuring transaction
  • Trexs Investments, LLC, a significant shareholder of Eco Oro Minerals Corp., in an appeal before the Ontario Securities Commission relating to a contested issuance of securities pursuant to a financing agreement
  • Managers of an offshore investment fund in proceedings before the Court of Appeal for Ontario and the Ontario Superior Court of Justice relating to the enforceability of a forum selection clause in a subscription agreement 
  • A national retail pharmacy chain in proceedings before the Court of Appeal for Ontario and the Ontario Superior Court of Justice (Commercial List) relating to a pension plan partial wind-up and supplementary pension plan 
  • An electricity distribution company in a proceeding before the Ontario Superior Court of Justice relating to the issue of discoverability under the Limitations Act, 2002 
  • Corporate directors in a proceeding before the Environmental Review Tribunal relating to a stay of an order of the director of the Ministry of the Environment and Climate Change pending an appeal of that order 
  • An extra-provincial private company in proceedings before the Court of Appeal for Ontario relating to the jurisdiction of the Ontario courts 
  • A foreign investment advisory firm in proceedings before the Ontario Superior Court of Justice (Commercial List) relating to the payment of certain debts and fees 
  • The Special Committee of the Board of Directors of Aberdeen International Inc. in proceedings before the Ontario Superior Court of Justice (Commercial List) relating to the appointment of an independent chair for a shareholders’ meeting 
  • A fractional owner of property in proceedings before the Ontario Superior Court of Justice relating to the division of net proceeds of sale 
  • A significant unitholder of a publicly traded REIT in proceedings before the Ontario Superior Court of Justice (Commercial List) relating to the applicability of and compliance with an advance notice policy for the nomination and election of trustees
  • A firm of engineers before the Elliot Lake Commission of Inquiry
ASSOCIATIONS ASSOCIATIONS
  • Law Society of Ontario
  • Canadian Bar Association
  • American Bar Association
  • The Advocates’ Society
  • Toronto Lawyers Association
     
Publications, Newsletters and Articles Publications, Newsletters and Articles

Not Necessarily Here: Ontario Court of Appeal Clarifies Jurisdictional Limits for Secondary Market Misrepresentation Claims

Hole in One: Ontario Superior Court of Justice Dismisses Oppression Class Action Against North Halton Golf and Country Club

OSC Publishes 2018-2019 Statement of Priorities

Rejection of Reasonable Investigation Defence in Securities Class Action Stands: Supreme Court Denies Leave to Appeal

The Eleventh Hour: Ontario Securities Commission Approves Yet Another No Contest Settlement

Working Together Works: Ontario Securities Commission Approves Reduced Sanction for Insider Tipper who Cooperated with Investigation

Deferred No More: Deferred Prosecution Agreements Finally on Their Way to Canada

Class Actions e-COMMUNIQUÉ - April 2018

Shareholders "Got the Power"? Proposed Amendments to Enhance Shareholder Voting Rights

Credibility Issues and Lack of Clear Record Lead to Rejection of Reasonable Investigation Defence as a Bar to Leave in Secondary Market Securities Class Action

Not Enough to File and Smile: BC Supreme Court Refuses to Certify Class Proceeding, Confirms That Low Bar Does Not Mean No Bar

Not Home Free Yet: Financial Institution Faces New Lawsuit Despite Creative Comprehensive Global Settlement for Disclosure Violations

No New Duty, No Negligence: Ontario Court Dismisses Class Action Certification Motion Against Underwriters

Canadian Securities Litigation Outlook 2017: Trends to Watch for Capital Markets Participants

They're Watching: Securities Regulators Announce Increased Scrutiny of Conflict Transactions

Here, There, or Anywhere: Supreme Court Consideration of Contractual Forum Clause May Impact Enforceability of Corporate Exclusive Forum By-Laws

A Stitch in Time Saves Nine: The Ontario Securities Commission Approves Two Additional No Contest Settlements