Farris LLP: Vancouver's Law Firm
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Teresa M. Tomchak

Partner

Telephone: 604 661 1711

Facsimile: 604 661 9349

Email: ttomchak@farris.com

Teresa Tomchak.vcf

Teresa has extensive experience in securities litigation and regulation.

Teresa has been involved in numerous shareholder disputes, hostile take-over bids and proxy fights, including several precedent setting decisions as discussed more in the representative matters section below. Teresa has also been involved in contested plans of arrangement. Teresa has also been counsel in securities class actions.

Teresa’s practice also includes securities regulatory matters. Teresa has represented clients during investigations and enforcement hearings before various provincial securities commissions and IIROC. Such matters have included allegations of insider trading, illegal distributions, market manipulation discretionary trading and suitability matters.  Teresa regularly deals with registration requirements under securities legislation with respect to trading in securities. Teresa’s regulatory work often involves matters particular to the mining industry including compliance with National Instrument 43-101 – Standards of Disclosure for Mineral Projects.

Teresa also practices in the areas of general corporate and commercial litigation and tax litigation.

Teresa co-authored and updates a text, British Columbia Business Disputes, first published in 2011, which was the recipient of the Award for Outstanding Achievement in the Best Publications category for the Association for Continuing Legal Education in 2012. Teresa is a frequent author and presenter on matters relating to securities.

Teresa is a member of multiple sections of the Canadian Bar Association including the securities and tax sub-sections. Teresa is also a member of the Prospectors and Developers Association of Canada and a member of the Canadian Tax Foundation.

Teresa has been a mentor with the CBA Women Forum Mentoring Program since 2007, and she has been a volunteer with the Pro Bono Duty Counsel Project since 2008.

Teresa is an avid runner having finished second in her age group at the Vancouver Marathon and competing in the Boston Marathon. Teresa also competes in triathlons including representing Canada at the World Triathlon Championships in all three distances, Long Distance, Standard and Sprint

Recent representative matters include:

  • Representing Red Eagle Mining Corporation in it hostile take-over for CB Gold, in which the BC Securities Commission refused to apply proposed amendments to the take-over bid regime and issued a cease trade order over CB Gold’s poison pill 2015 BCSECCOM 401.
  • Representing WesternOne Inc and its directors and officers in defending a securities class action relating to primary and secondary market disclosure in Ontario (ongoing).
  • Representing certain shareholders in an action to enforce dissent rights in connection with a plan of arrangement involving Curis Resources Ltd and Taseko Mines Limited (ongoing).
  • Representing United Flower Growers Co-Operative Association in obtaining approval of a contested plan of arrangement 2015 BCSC 1169, which considered the applicability of the BC Business Corporations Act to a co-operative and the fairness of the arrangement in the absence of dissent rights and a fairness opinion.
  • Representing Copper Fox Metals Inc. in a federal court proceeding seeking judicial review of a decision of Canada Revenue Agency relating to the treatment of Canadian Exploration Expenses and flow-though shares (2015).
  • Representing Coast Wholesale Appliances Inc. in defending a hostile take-over by CWAL Investments Ltd. resulting in a settlement the day prior to the hearing to cease trade the poison pill (2014).
  • Representing Huntingdon Capital Corp in its hostile takeover bid of KEYreit, which resulted in the first decision of a securities commission to consider the appropriate jurisdiction in which to bring an application to cease trade a poison pill. 2013 BCSCECOM 64 and OSC March 14, 2103.
  • Representing Northern Minerals Investment Corp. in a proxy battle to replace the board of Mundoro Capital Inc. resulting in the first court decision regarding the validity of an advance notice policy 2012 BCSC 1090.
  • Representing Oliver-Lennox King in his successful proxy fight for Roxgold Inc.(2012)
  • Representing MacDonald, Dettwiler and Associates Ltd. in the first class action in Canada to deny leave under the secondary market provisions of the Securities Act and the successful defence of the appeal, in Round v. MacDonald, Dettwiler and Associates Ltd. 2011 BCSC 1416 and 2012 BCCA 456.
  • Representing entities controlled by Carl Icahn in successfully obtaining orders to cease trade poison pills and a successful defence of an appeal from the same resulting in the first decision of an appellate court the validity of a poison pill, during an $800 million hostile takeover bid for Lions Gate Entertainment Corp 2010 BCCA 231; 2010 BCSECCOM 629 as well as a related oppression action during a proxy fight 2010 BCSC 1547 and 2011 BCCA 228.

Education:

  • University of British Columbia (LL.B., 1999)
  • University of Alberta (B.Comm., With Distinction, 1995)

LEGAL RECOGNITION
  • The Best Lawyers in Canada (2018)
  • Benchmark Canada - Local Litigation Star (2015), Future Star (2014, 2013)
  • Lexpert Guide to the Leading Cross-Border Litigation Lawyers – Litigation Lawyer to Watch (2014)
  • Lexpert Rising Star: Leading Lawyers Under 40 (2013)
  • Called to the British Columbia Bar (2000)
  • Called to the Ontario Bar (2015)