
| Practice Areas: |
International Commercial
Litigation and Arbitration, Civil Litigation, Corporate
Litigation, Business Torts, Class Actions, Administrative
Law |
| Law School: |
Osgoode Hall, LL.B.,
Osgoode Hall LL.M. |
| Bar Admission: |
Ontario, 1993 |
| Email: |
apribetic@smhilaw.com |
Practice Profile
Advocacy practice consists of acting for a broad range of
Canadian and international clients in the areas of international
commercial litigation and/or arbitration, civil litigation,
business torts, corporate litigation, class actions and administrative
law. Litigation management advice provided to foreign
counsel with respect to the prosecution or defence of actions
in Ontario, including coordination of international debt
recovery efforts. Numerous reported and unreported decisions
in the Ontario Superior Court of Justice, Court of Appeal
for Ontario, the Federal Court of Canada and various provincial
and federal administrative tribunals and commissions.
Representative Cases
- Suraleb Inc. v. Production Association “MTW
Tractor Works”, Republic of Belarus, Court
File No. 08-CV-349415PD1-July 9, 2008 (unreported) (Ont.
S.C.J.): Successfully obtained order for the recognition
and enforcement of an international commercial arbitration
award in excess of $4 Million under The International
Commercial Arbitration Act, R.S.O. 1990, C. I.9
and The UNCITRAL Model Law On International Commercial
Arbitration.
- ATI Technologies ULC v. Henderson Robb Group,
[2008] O.J. No. 1017, 41 C.B.R. (5th) 94, 2008 CarswellOnt
1418, 2008 WL 726946, 165 A.C.W.S. (3d) 779, CanLII 11046
(Ont. S.C.J—in Bankruptcy): Acted for advertising
agency involved in litigation with former corporate client.
Successfully obtained a stay of the bankruptcy proceedings
brought by applicant creditor, ultimately resulting in
global settlement (see also companion decisions: William
E. Robb Enterprises Inc. v. ATI Technologies Inc.[2006]
O.J. No. 4711; 153
A.C.W.S. (3d) 831 (Ont.
S.C.J.); ATI Technologies Inc. v. William E. Robb Enterprises
Inc. et al. [2006] O.J. No. 3780 (Ont. S.C.J.).
- Tapscott Village Co-Operative Inc. v. Bullin,
2008 CanLII 4258 (ON S.C.J.): Application under the Co-Operative
Corporations Act for judgment against former co-op
member for housing charges arrears and for an order granting
leave to issue a Writ of Possession.
- Ivandaev v. Hlembizky [2006] O.J. No. 2689 (Ont.
C.A.): Respondent’s counsel on appeal affirming trial
judgment which granted plaintiff client’s partial
relief from forfeiture and approximately $175,000.00 in
restitutionary damages for defendants’ unjust enrichment.
- Standard Trust Co. (Liquidator of) v. Metropolitan
Trust Co. of Canada et al. (2006) 21 E.T.R. (3d)
237; (2006) 40 R.P.R. (4th) 27; (2006) 144 A.C.W.S. (3d)
1130 (Ont. S.C.J.); aff’d [2007]
O.J. No. 5002; 2007 ONCA 897; 232 O.A.C. 74; 36 E.T.R.
(3d) 209; 62 R.P.R. (4th) 161; 162 A.C.W.S. (3d) 938;
2007 CarswellOnt 8279 (Ont. C.A.): Trial and appellate
counsel obtaining judgment of over $800,000.00 (inclusive
of interest and costs) for damages for breach of contract,
negligent misrepresentation, breach of trust, and breach
of fiduciary duty against the defendant trust company
for failing to disclose the true pre-sales relating to
a construction mortgage.
- 1162994 Ontario Inc. v. Bakker et al. [2004]
O.J. No. 2565 (Ont. C.A.): Successfully appealed the Divisional
Court's finding of joint and several liability against
client for rental arrears and Divisional Court’s
interpretation of ''tenant in possession'' under s. 86
of theTenant Protection Act, S.O. 1997, c.24 ultimately
resulting in a legislative amendment.
- Canadian Fashion Merchandising Corporation v. CIBC (2000)
106 O.T.C. 317, (2000) 95 A.C.W.S. (3d) 237 (Ont. S.C.J.):
Plaintiff’s counsel involving a breach of confidence
claim against a major chartered bank. Despite numerous
defence motions, including a motion for increased security
for costs only two weeks before trial, obtained a significant
monetary settlement for the corporate plaintiff at the
opening of trial.
- Re Drljo (2000) 21 C.B.R. (4th) 259 (Ont. S.C.J.-Bankruptcy
Court): Acted for client involved in bankruptcy proceedings
and subsequent professional negligence action brought against
client's former trial counsel. In the end, client recovery
was achieved through a global settlement with the defendant
solicitor's errors & omissions insurer.
- Serra v. Paniccia (Ont. S.C.J.-unreported --
per Somers, J.), varied on other grounds, [1999] O.J. No.
4707 (Ont. C.A.) --Obtained a jury damage award of approximately
$55,000.00 all-inclusive for plaintiff client suffering
from chronic pain syndrome arising from a motor vehicle
accident.
- Shaw v. Allstate Insurance Company, [1997] O.I.C.D.
No. 86 (O.I.C. per Arbitrator Blackman), aff’d [1998]
O.I.C.D. No. 181(FSCO- Director of Arbitrations,
per Susan Naylor, Director's Delegate): Represented
client in major arbitration case at the Financial Services
Commission of Ontario at arbitration and appeal levels
on the issue of definition of the word “spouse” in
an insurance contract and also obtained substantial personal
injury settlement from third party insurer.
- Ultramar Canada Inc. v. Mutual Marine Insurance Office [1995]
1 F.C. 341, (1994) 82 F.T.R. 1, [1995] I.L.R. 1 – 3195
(F.C.T.D.) per Rouleau, J.: Junior counsel in a major Federal
Court of Canada insurance trial. In a legally unprecedented
case, researched, analyzed and developed trial arguments
and strategy. Conducted direct and cross-examinations of
world-renowned experts and prepared final submissions for
the trial judge.
Scholarly Papers
To view Antonin’s publications, visit his SSRN
Author page
<http://ssrn.com/author=391200>
- “CASE NOTE: Opinion of Advocate General Kokott
in Allianz SpA (formerly Riunione Adriatica DiSicurta
SpA) and Others v West Tankers Inc. (Case C-185/07
delivered on 4 September 2008)”The
Globetrotter, Vol. 13, No. 1 (October 2008) and Transnational
Dispute Management (TDM) (2009, forthcoming).
- “Choice of Law in International Agreements: What
Should Parties Watch For? (Canada)”, The International
Commercial Practitioner, American Bar Association
(ABA) publication of the International Commercial Transactions,
Franchising and Distribution Committee, 5-6.
- ““Staking Claims Against Foreign Defendants
in Canada: Choice of Law and Jurisdiction Issues Arising
from the in Personam Exception to the Mocambique Rule for
Foreign Immovables” (2009) Adv. Q. (forthcoming)
Available at SSRN: http://ssrn.com/abstract=1129283.
- "All Quiet on the CISG Front: Guiliani v. Invar
Manufacturing, the Battle of the Forms, and the
Elusive Concept of Terminus Fixus" (2008),
46 C.B.L.J. 430 (Co-Authored with James M. Klotz
and Peter Mazzacano).
- “A Strategic Functionalist Approach to International
Commercial Mediation”, (2008) ICFAI Journal of
ADR, Vol. VII, No. 2, 37-58; Transnational Dispute
Management (TDM-Special Issue on Arbitrator Bias, Vol.
5, No. 4, July 2008.
- “The Trial Warrior: Applying Sun Tzu’s The
Art of War to Trial Advocacy” (2008) 45 Alta.
L. Rev. (Issue 4) (forthcoming).
- “Time Is On My Side, Yes It Is (No It’s Not)”:
Are proceedings to enforce a foreign arbitral award subject
to a limitation period? CBA International Law Section
Bulletin (February, 2008)
- “The ‘Third Option’: International
Commercial Mediation” (2007) World Arb. & Med.
Rev. (WAMR) Vol. 1 No. 4, 563-587.
- “Enforcing Foreign Summary/Default Judgments: The
Damoclean Sword Hanging Over Pro Se Canadian Corporate
Defendants? U.S.A. v. Shield Development”,
(2007) 7 Can. Int’l Lawyer (No.1), 8-23.
- “‘Thinking Globally, Acting Locally’:
Recent Trends in the Recognition and Enforcement of Foreign
Judgments in Canada”, in ANNUAL REVIEW OF CIVIL LITIGATION
2006, ARCHIBALD, Mr. Justice Todd L. and ECHLIN, Mr. Justice
Randall (eds.) (Toronto: Carswell, 2007) pp. 141-199. *
- “‘To Boldly Go Where No One Has (Arbitrated)
Before': The Star Trek Mythos as an Heuristic Paradigm
for Jurisdictional and Arbitration Issues”, OBA Briefly
Speaking, July/August 2007 Issue.
- "Trial and Error--Balancing the Scales of Justice
through the Doctrines of Stare Decisis and Ex
Proprio Motu", OBA Civil Litigation Section
Newsletter, Vol. 15, No. 3, pp. 8-11, March 2007.
- "Cross-border High Anxiety? Offensive and Defensive
Strategies in Transnational Litigation: Offensive Strategies", The
Globetrotter, Vol. 11, No. 2, pp. 6-11, March
2007 (paper presented at the 2007 OBA Annual Institute
of Continuing Legal Education, 5 February 2007)
- “The (CISG) Road Less Travelled”:GreCon
Dimter Inc. v. J.R. Normand Inc., (2006)
44 Can. Bus. L. J. 92-114; reprinted
in the International Bar Association (IBA)-International
Sales Newsletter, Vol. No. 26, September 2008, 7-17;
- “‘Bringing Locus into Focus’: A Choice-of-Law
Methodology for CISG-based Concurrent Contract and Product
Liability Claims”, in REVIEW OF THE CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) 2004-2005,
Pace International Law Review (ed.) (München: Sellier
European Law Publishers, 2006), 179-223.
- "The Hague Convention on Choice of Court Agreements",The
Globetrotter, OBA International Law Section Newsletter,
Vol. 10, No. 1, 2-5, September 2005.
- "Strangers in a Strange Land": Transnational
Litigation, Foreign Judgment Recognition, and Enforcement
in Ontario, (2004) 13 J. Transnat’l
L. & Pol’y 347-391.
Academic and Professional Speaking Engagements,
Conferences and Seminars
- Co-Chair/Speaker: “Application
of the CISG by Default”, CISG Hot Spots for Commercial
Lawyers and Litigators, CLE Program co-sponsored by
the CBA Section on International Law and the OBA International
Law Section, March 10, 2009, Toronto, Canada.
- Sessional Lecturer: “Legal
Process Advanced” Course (IFA2902) Fall 2008, Diploma
in Investigative & Forensic Accounting (DIFA) Capstone
Program, University of Toronto at Mississauga,
Ontario.
- Evaluator/Judge: Diploma in
Investigative & Forensic Accounting (DIFA) Capstone
Program (2007, 2008), University of Toronto
at Mississauga, Ontario.
- Advisory Committee Member: “Crisis
Litigation: The Role Of The Lawyer”, International
Bar Association Litigation Conference, June 19-20, 2008,
Toronto, Canada.
- Program Co-Chair: "International
Legal Issues for Today’s Business Lawyer: Challenges
and Solutions", Ontario Bar Association 2008 Institute
of Continuing Legal Education, February 5, 2008, Toronto,
Canada.
- Guest Speaker: OBA International Law
Section Program: “International Law - Sea Changes
in Canadian Conflict of Laws Practice: An Update,” May
30, 2007, Toronto, Canada.
- Guest Speaker: 2007 OBA Annual Institute
of Continuing Legal Education-Special Event, "International
Breakfast: Cross-border High Anxiety?: Offensive and Defensive
Strategies in Transnational Litigation", February
7, 2007, Toronto, Canada.
- Guest Lecturer: University of Western
Ontario Law School, 402A Commercial Law: “The
CISG-An Overview”, Upper Year Law Course, Court Instructor:
Prof. Jassmine Girgis, October 2, 2006, London, Canada.
- Guest Lecturer: University of Toronto
Law School, Legal Process: “Where to Litigate:
Jurisdiction and Forum Non Conveniens”, First
Year Law Course, Course Instructor: Prof. Kenneth E. Jull,
October 11, 2005; October 5, 2006, Toronto, Canada.
- Moderator,
Judge's Panel: “The
Most Common Evidentiary Mistakes…And How to Avoid
Them” 2nd Annual Conference- Evidence Law for
the Civil Litigator, Osgoode Hall Law School-Professional
Development Program, September 23, 2005, Toronto, Canada.
- Guest Speaker: “Rule 76-Simplified
Procedure”, Your First Civil Trial: Practical
Tips from Top Practitioners, OBA –CLE Program
(Civil Litigation Division-Young Lawyers Division), February
25, 2005, Toronto, Canada.
Professional Affiliations/Achievements
- Martindale-Hubbell BV® Peer Review Rating®
- Law Society of Upper Canada (Member)
- Chartered Institute of Arbitrators (Member)
- Canadian Bar Association/ Ontario Bar
Association
- CBA
International Dispute Resolution Committee (National Section)
- OBA
International Law Section (Vice-Co-Chair)
- OBA
Civil Litigation Section (Member)
- Canadian Council of International Law (Member)
- American Bar Association (Associate
Member)
- Section
of Litigation (Business Torts Litigation; Commercial and
Business Litigation; Trial Practice)
- Section
of International Law (Steering Committee Member-Canada Committee,
International Litigation Committee and International Commercial
Dispute Resolution
Committee); (International Antitrust Law Committee, International
Commercial Transactions, Franchising and Distribution Committee,
International Courts
Committee, Private International Law Coordinating Committee,
UN and International Institutions
Coordinating Committee)
- Section
of Business Law-Committee on International Law (International
Dispute Resolution,
International Trade Law and Multinational Corporations sub-committees)
- Tort
Trial and Insurance Practice Section
- American Society of International Law (Member)
- Dispute
Resolution Interest Group
- International
Law in Domestic Courts Interest Group
- International
Legal Theory Interest Group
- International
Organizations Interest Group
- Private
International Law Interest Group)
- International Law Association (Member:
Canadian Branch)
- International Bar Association (Member)
- Public
and Professional Interest Division (PPID) (Forum for Barristers
and Advocates)
- Legal
Practice Division (LPD) Corporate Law Section (Closely Held
and Growing Business Enterprises)
- Dispute
Resolution Section (Arbitration, Litigation) International
Sales, Franchising and
Product Law Section (International Sales)
- Regional
Fora North American Regional Forum
BV® Peer
Review Rating — The
BV® certification mark is an excellent rating for
a lawyer with more experience. This is the maximum rating
a lawyer can receive who has been admitted to the bar
from 5-9 years.
® "CV,
BV and AV are registered certification marks of Reed
Elsevier Properties Inc., used in accordance
with the Martindale-Hubbell certification procedures, standards
and policies."
Rating
Explanation: “Martindale-Hubbell is the facilitator
of a peer review rating process. Ratings reflect the
confidential opinions of members of the Bar and the Judiciary.
Martindale-Hubbell Ratings fall into two categories
- legal ability and general ethical standards.” |

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