Bars and Courts
- Court of Appeal for Ontario
- Divisional Court
- Superior Court of Justice
- Called to the Bar by the Benchers of Upper Canada, 2000
- Bar Admission Course, Law Society of Upper Canada, 1998-1999
- Queen’s University at Kingston, Canada, Bachelor of Laws, 1998
- University of King’s College, Nova Scotia, Bachelor of Arts (1st), 1995
T: + 968 2481 4466
F: + 968 2481 2256
Litigation and Arbitration
Erik Penz is special counsel in in AMJ’s litigation and arbitration practice, with experience in complex disputes across a wide range of sectors, including energy, construction, transport and mining.
These cases include multijurisdictional and multi-party proceedings, high-value commercial disputes, insolvency proceedings, fraud and asset-tracing, company / joint venture / partnership disputes, employment litigation and administrative law matters.
In addition to his advocacy on behalf of clients, Erik has extensive experience advising on claims, liabilities, risk mitigation, and dispute-resolution strategy.
Prior to joining AMJ in 2017, Erik was counsel in a broad range of hearings before the courts in Canada where he was a partner in Norton Rose Fulbright, a leading international law firm. His clients have included leading energy and transport companies, as well as foreign and domestic governments.
Erik’s articles have been published by the International Law Office, Thomson Reuters, the Ontario Bar Association, the Canadian Mining Journal, regulationtomorrow.com and mining.com.
- York Condominium Corp v SEM Gas LP (2013) 362 DLR (4th) 127, 18 BLR (5th) 236, 33 RPR (5th) 155 (Ont SC) aff’d (2013) 369 DLR (4th) 343, 18 BLR (5th) 244, 38 RPR (5th) 1 (CA) — obtained dismissal of claim based on a limitations defence; the leading Canadian case on when the limitation period begins to run for recurring damages caused by a void contract.
- Khan Resources Inc v ARMZ Uranium Holding Co (2013) 115 OR (3d) 1, 316 DLR (4th) 446 (CA) — obtained dismissal for Russian state enterprises of C$300m claim brought by joint venture partner on the basis of sovereignty and security objections; a leading case on the application in Canada of the Hague Service Convention.
- Green v Kenora Prospectors & Miners Ltd (2008) 55 RFL (6th) 270 (Ont Div Ct) — obtaining leave to appeal decision of case-management judge for lack of natural justice in proceedings disputing bankruptcy petition brought by minority shareholder and unsecured creditors.
- Re Presbyterian Church of Sudan (2006) 275 DLR (4th) 512, 215 OAC 140, 33 CPC (6th) 27 (CA) — counsel for one of Canada’s largest petroleum producers in successfully resisting requests from the US District Court to the Canadian courts for evidence; a leading Canadian cases on the law of international judicial cooperation.
- Counsel for the ad hoc Unsecured Creditors’ Committee of Air Canada’s 12 largest unsecured creditors, with claims in excess of C$2.7bn, at innumerable hearings in the airline’s insolvency proceedings, including on a motion to approve a Lufthansa–Air Canada agreement concerning profit sharing on flights, a leading case regarding the circumstances in which a court should permit a debtor to make payments for pre-filing obligations in insolvency proceedings — Re Air Canada (2003) 47 CBR (4th) 163 (Ont SC (Commercial List)).
- Re Chamomile (a firm) (2006) 21 BLR (4th) 290 (Ont SC) — counsel for partner petitioning dissolution of firm; one of the leading Canadian cases on judicial discretion in dissolving partnerships.
- Acting for a Panama mining corporation claiming US$42m in international arbitration against Bermuda companies and listed Canadian corporation regarding the operation of a JV in Latin America, including application to the Superior Court to appoint arbitrator.
- Counsel for European forestry companies in cross-border fraud and asset-tracing proceedings, including successfully resisting an appeal regarding a motion judge’s ability to award costs in granting an interlocutory injunction — Intercontinental Forest Products SA v Rugo (2004) 191 OAC 24 (Div Ct).