ESL Investments Inc. & Edward Lampert 

Named Benchmark Canada’s 2021 National Impact Case of the Year, Polley Faith represented the majority shareholder group of Sears Canada in defence of four related and overlapping actions. The actions sought the repayment of a $509,000,000 dividend Sears Canada declared in 2013. We defended insolvency-related actions by the estate receiver, a litigation trustee, a pensioner group and a class action claimant to the eve of trial to secure a favourable settlement representing roughly 4% of our clients’ total exposure.