In litigation, developing a clear strategy is key to helping clients achieve their desired outcomes and win their cases. Experienced litigators at Rogerson Law Group, including Brian F.P. Murphy, Q.C., Robert Rastorp and Norman McDonald, provide big picture ideas and devise legal case strategies for effective advocacy. They understand the pace of complex trials and are experienced in identifying and leveraging key issues.
Working with other team members at the firm whose expertise focuses on particular aspects of law, including family and tax law, our team of litigation strategists develop, implement, revise, and adjust their strategies to ensure the clients’ interests and objectives are being protected and achieved. They provide counsel on litigation matters for individuals, small- and medium-sized businesses, entrepreneurs, and multinational corporations.
Cases of Note
Our litigators have a reputation for achieving excellent outcomes for our clients, guiding them through a variety of disputes.
- Brian Murphy QC appearing for Bullying Canada and in the seminal Supreme Court of Canada case, B. v. Bragg Communications Inc.  2 SCR 567. Brian has been heavily involved for many years in securing justice for victims of abuse committed by Catholic priests and by the Residential Schools system.
- The firm is spearheading seminal bullying cases against Toronto private school for girls, Havergal College. In 2019 Rogerson Law Group commenced proceedings in the Superior Court against Havergal College itself; Havergal’ s (now former) headmistress Catherine Misson (who returned to Australia after being served) and Havergal Junior School Principal Kate White, for its failure to deal with and cover up of violence by a student from a well-connected family. As a result of the publicity surrounding this case, other victims of Havergal bullying came forward resulting in Rogerson law Group issuing proceedings on behalf of a student driven to suicide by prolonged bullying by two students, also from well-connected families: but also, bullying and inappropriate behavior by Vice Principal Seonaid Davis. The claims are multi-million dollar ones but are also designed to wipe away cover-ups Abd gaslighting ensure justice for victims and their families from cover-ups.
- Successfully represented the Capilano Indian Nation and Band against Squamish Band and the Federal Government to obtain answers as to what Squamish have done with their funds since forced amalgamation in 1923. This proceeding is part of a wider petition, brought by Rogerson Law Group, on behalf of Capilano, to regain its independence from Squamish Andrew Rogerson successfully countered arguments by Squamish and Federal Government lawyers that BC Supreme Court lacked jurisdiction.
- In what the National Post described as “a high-stakes divorce between a wealthy Chinese businessman and his wife” Robert Rastorp obtained orders in Ontario, then Cayman Islands and elsewhere, freezing assets valued over $170m. To quote Justice Jarvis: “My order was sweeping and was quickly followed by an order of the High Court of Justice in the British Virgin Islands that froze Mr. Lin’s substantial assets situated there. This had the effect of stopping an initial public offering pending in Hong Kong in which he had a substantial interest.
- Arash Jazayeri successfully advised and represented the family of legendary billionaire Hong Kong entrepreneur, Mr. James Ting, on cross-border asset tracing, against the liquidators of Akai Holdings Limited. Singer Company NV (sewing machines to aerospace); Semi-Tech Global (computers); Sansui (electronics); GM Pfaff (sewing machines); Akai (video and audio) all formed part of Mr Ting’s empire with an annual turnover of $2bn by 1997. Mr Ting, a University of Toronto graduate was an inspiration entrepreneur whose family Rogerson law Group are honored to have served.
- MacDonald was lead trial counsel in successfully defending the Government in what was the first case of its kind in Bermuda – a multi-million dollar claim against the Government brought by a former teacher claiming she suffered from PTSD caused by bullying in the workplace while she was employed as a teacher. Clemens v. The Minister of Education  SC (Bda) 92 Civ (14 Nov 2016).
- Norman McDonald also successfully represented the Government in several Constitutional Law, Human Rights, and Tax Law cases. Below is a representative sample:
- Sannapareddy v. The Commissioner of Police and the Attorney-General  SC (Bda) 54 Civ (5 July 2017). The plaintiff brought an application following his arrest without a warrant to have the provisions of the Police and Criminal Evidence Act (PACE) that permit arrest without warrant declared unconstitutional. Norman MacDonald successfully represented the Attorney-General and this claim was dismissed. The plaintiff was represented by Lord Peter Goldsmith, Q.C.
- Akeroyd v. The Bermuda Tax Commissioner  SC (Bda) 22 Civ ( 6 April 2020). This was an important constitutional and human rights case. The plaintiff brought an application to have certain provisions of the Land Tax Act and the Stamp Duties Act declared unconstitutional because they discriminated against non-Bermudians. Norman MacDonald represented the Tax Commissioner at trial. The claim was dismissed.
- Collector of Customs v Rayclan SC (Bda)13 Civ (4 February 2016). This was a landmark case in the Supreme Court of Bermuda involving the powers of Customs officials in assessing taxpayers and principles of natural justice by administrative tribunals. Norman MacDonald had been trial counsel on an appeal by the taxpayer of the Collector’s assessment of import duties. At trial, the Tribunal Chair told both counsel that the taxpayer had to prove that the Collector’s decision was unreasonable. After Norman successfully, defended the Collector on the “reasonableness” argument, the Tribunal changed the rules after the trial had concluded to one of a standard of “correctness”, without inviting the Collector to make submissions on this change of direction. Applying this new standard, the Tribunal allowed the taxpayer’s appeal. Norman successfully represented the Collector of Customs on the appeal of the Tribunal’s ruling in the Supreme Court of Bermuda. The Supreme Court found that the Tribunal below had breached the rules of natural justice and that the correct standard was one of “reasonableness” and set aside the Tribunal’s decision. The Tribunal Chair resigned from the Tribunal shortly thereafter.
- Bermuda Gas v The Tax Commissioner  SC (Bda) 30 App (5 May 2015). Norman MacDonald saved the Government over $3 million by successfully defending the Tax Commissioner in the Supreme Court on a major tax appeal case.
- Jack and Armstrong v The Minister of Public Works unreported. Norman MacDonald successfully defended the Government on a major public law / planning and nuisance case, in the Supreme Court of Bermuda. Following discovery and the dismissal of the plaintiffs’ summary judgment motion, the plaintiffs discontinued their action.
Contact Rogerson Law Group
The lawyers at Rogerson Law have the expertise, first-hand knowledge, and connections to provide strategic counsel with respect to complex litigation. We welcome calls from new clients looking to obtain legal support for their clients.
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