Crypto assets: Dealing with emerging currencies in the litigation context

10/30/23 • 37 min

The Mid-Career Advocates’ Standing Committee’s Speaker Series explores litigation scenarios that can be impacted by cryptocurrencies. Miranda Spence moderates the discussion with Madison Robins, Richard Niman and Jeff Newton, who share their experiences and insights into the what, when and how of dealing with crypto assets in litigation.
Miranda Spence is a partner at Aird & Berlis and is a member of the firm’s Litigation and Financial Services Groups. She maintains a broad litigation practice, with an emphasis on general commercial, restructuring and insolvency disputes. She appears regularly before the Ontario Superior Court of Justice, including the Commercial List and the Bankruptcy Court, and has appeared as counsel at all levels of the Ontario courts.
Madison Robins is an associate at Lenczner Slaght and has a broad commercial and civil litigation practice, with particular focus on shareholder disputes and oppression claims, contract issues, securities matters, insolvency, and professional liability. Madison regularly appears before all levels of court in Ontario, as well as administrative and arbitral tribunals.
Richard Niman is a founding partner at Niman Mamo LLP, a family law practice in Toronto, ON. Richard has conducted trials and appeals at all levels of court in Ontario and before several disciplinary tribunals. Richard has also conducted numerous family law arbitrations and mediations.
Jeff Newton is an Investment Manager and Legal Counsel at Omni Bridgeway, responsible for sourcing, evaluating, negotiating, and monitoring judgment enforcement matters through to resolution. He has experience representing parties in a wide range of complex commercial cases involving financial fraud, crypto, defaulted debt, technology, environmental, pharmaceutical, insurance and reinsurance matters. He has represented clients on the plaintiff and defense sides in civil and class action lawsuits and helped recover assets globally.
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

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Interview with Frank Walwyn

In this episode, Michael Ding sits down for a conversation with Frank Walwyn, recipient of the 2022 Eric Hoaken Excellence in Mentoring Award. The pair discuss Frank’s career, what inspired him to become a litigation lawyer and Frank’s approach to mentoring. Drawing from experience, Frank gives invaluable advice to both those looking to be an impactful mentor and mentees seeking a meaningful mentoring relationship.
Frank Walwyn is a partner at WeirFoulds, practicing in Toronto, ON. He appears as counsel on complex multi-jurisdiction litigation matters, and his advocacy covers a wide range of matters including challenges to restraint orders made pursuant to criminal Mutual Legal Assistance Treaties, multi-jurisdictional corporate disputes often involving shareholder rights and directors duties, forensic investigations into fraud and corruption, reciprocal registering and recognition of judgments from Canada, the UK, the US and the Caribbean, and complex offshore trusts and estates litigation. Frank is an active member of The Advocates’ Society and is the 2022 recipient of The Eric Hoaken Excellence in Mentoring Award.
Michael Ding is an associate at WeirFoulds in Toronto, ON. Michael is a tax litigator. Prior to joining WeirFoulds, he practised as Counsel at the Department of Justice Canada, representing the Crown before the Tax Court of Canada, Federal Court of Canada, Ontario Superior Court of Justice and the Court of Appeal for Ontario. Michael has experience in advising on various tax and dispute resolution issues. He is a current member of The Advocates Society’s Young Advocates’ Standing Committee (YASC).
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.

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Inquiries and Inquests from Coast to Coast - Part 1

Public inquiries and coroner’s inquests are many things, but they are not trials. In this first episode of a 2-part podcast, TAS members from across the country share their perspectives on inquests and inquiries, how they function, what they achieve and how to be effective advocates in a non-adversarial process.
Ludmila Herbst is a partner at Farris LLP in Vancouver. Ludmila is an experienced litigator and has acted for clients in corporate, commercial, regulatory and public law matters. Ludmila is the current Chair of The Advocates’ Society British Columbia Regional Advisory Committee.
Gillian Hnatiw is an accomplished litigator whose diverse practice encompasses administrative law, professional regulation and liability, health law, employment disputes, general commercial litigation, and appeals. Gillian is sought after as a speaker and writer, and regularly shares her experience and passion with communities across the country. She is frequently invited to speak at legal conferences and seminars, and regularly contributes to mainstream and industry publications.
Michelle Kelly is a partner in the Halifax office of Cox & Palmer and practices in the area of complex commercial litigation and insurance defence. Michelle advises her clients on contract disputes, property litigation, construction litigation, commercial claims, fraud, and breach of fiduciary duty claims. Michelle is the current Chair of The Advocates’ Society Atlantic Regional Advisory Committee.
John Mather is a partner at DMG Advocates in Toronto, practicing commercial and public litigation. He has acted in numerous domestic and international arbitrations, including in New York and Riyadh, Saudi Arabia. John is an active member of The Advocates Society’s Mid-Career Advocates’ Standing Committee (MASC).
Land Acknowledgement
The Advocates’ Society acknowledges that our offices, located in Toronto, are on the customary and traditional lands of the Mississaugas of the Credit, the Haudenosaunee, the Anishinabek, the Huron-Wendat and now home to many First Nations, Inuit, and Metis peoples. We acknowledge current treaty holders, the Mississaugas of the Credit and honour their long history of welcoming many nations to this territory.
While The Advocates’ Society is based in Toronto, we are a national organization with Directors and members located across Canada in the treaty and traditional territories of many Indigenous Peoples. We encourage our members to reflect upon their relationships with the Indigenous Peoples in these territories, and the history of the land on which they live and work.
We acknowledge the devastating impacts of colonization, including the history of residential schools, for many Indigenous peoples, families, and communities and commit to fostering diversity, equity, and inclusiveness in an informed legal profession in Canada and within The Advocates’ Society.