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Paul B. Schabas

Partner, Toronto Office

Telephone  416-863-4274
Facsimile  416-863-2653
email
 

Profile

Paul Schabas is a litigation Partner with a wide-ranging counsel practice. He has extensive experience in commercial litigation, arbitrations, white collar criminal and regulatory matters, constitutional, media and public (administrative) law. He frequently acts for Canada's major media organizations on defamation and free-expression matters, and has been counsel on many significant cases dealing with charter and human rights issues. He has appeared many times before the Supreme Court of Canada, the federal courts, and courts in Ontario, Manitoba, New Brunswick and Newfoundland. Paul is a Fellow of the American College of Trial Lawyers and is recognized by The Canadian Legal Lexpert Directory and The Best Lawyers in Canada as a leading counsel.

Outside the courtroom, Paul is an elected bencher of The Law Society of Upper Canada, the governing body of the legal profession in Ontario. He is a founding director and past president of Pro Bono Law Ontario, president of Ad IDEM/Canadian Media Lawyers Association, a director of the Canadian Civil Liberties Association, The Advocates' Society and The Osgoode Society for Canadian Legal History, and a trustee of the Law Foundation of Ontario. He is a former director of the National Youth Orchestra of Canada and the Family Service Association of Toronto, and is a past chair of the Ontario Bar Association's Constitutional and Civil Liberties Section. Paul is a member of the International Advisory Panel on Free Expression of Interights in London, England, through which he has submitted expert briefs on Canadian law to the European Court of Human Rights.

Paul has taught for many years at the University of Toronto and at Osgoode Hall Law School, York University. He has published numerous articles and is a frequent speaker at conferences, including The Law Society of Upper Canada's "Special Lectures" series, where he presented Special Lectures on Constitutional Law (2001) and Evidence (2003), both of which were subsequently published.

Within Blakes, Paul has been a member of the Executive, Partnership, and Partner Compensation Committees. He has been the Co-chair of the Toronto Litigation Group, Chair of the Student Committee, and is Chair of the Pro Bono Committee. As a Blakes Partner, Paul also chairs the Pro Bono Committee of Lex Mundi, and is North American vice-chair of the Business Crimes Group.

Constitutional/Media/Human Rights

  • Represented the Toronto Transit Commission (TTC) on a Charter challenge of its eligibility criteria for Wheel-Trans service, as well as related human rights complaints
  • Frequently represents media clients, including the Toronto Star, CBC, Sun Media and the Canadian Newspaper Association on freedom of expression and freedom of the press issues, involving defamation, access to courts, publication bans and subpoenas to reporters, and freedom of information and copyright, including several leading cases in the Supreme Court of Canada
  • Represents foreign media (e.g., The Washington Post, New York Times, The Associated Press) on Internet and cross-border litigation
  • Represented the Canadian Foundation for Children, Youth and the Law on the constitutional challenge to the corporal punishment defence
  • Represented the TTC in a constitutional challenge to its obligation to pay the Goods and Services Tax
  • Represented the College of Physicians and Surgeons of Ontario on a constitutional challenge to its "zero tolerance" rules
  • Represented Ontario's Justices of the Peace in court challenges involving judicial independence, and on remuneration and independence issues before Remuneration Commissions and the Supreme Court of Canada
  • Defended clients on human rights complaints, including one of the leading cases on the duty to accommodate under the Ontario Human Rights Code
Criminal/Regulatory

  • Defence of a large international corporate fraud prosecution stemming from the "Airbus" affair
  • Constitutional challenges to the search/assistance order provisions of the Criminal Code and the Income Tax Act
  • Defended individuals and corporations on a wide range of charges including fraud, tax evasion, perjury and regulatory offences
  • Challenged search warrants and demands for information and documents under the Criminal Code, the Customs Act, the Competition Act, the Income Tax Act and other statutes
  • Frequently advises and represents clients on international criminal matters, including foreign corrupt practices, money laundering and mutual legal assistance issues
  • Prosecuted academic discipline matters

Commercial/Civil Litigation

  • Represented a large Canadian mining company in final offer arbitrations under the Canada Transportation Act
  • Defended a major Canadian financial institution in a large class action suit involving breach of trust, contract and negligence issues
  • Represented an estate in a lengthy breach of fiduciary duty trial (and appeal) in Manitoba
  • Represented the president of a large multinational corporation on a lengthy breach of contract, negligence and trade libel matter
  • Represented the heirs of Lucy Maud Montgomery in ongoing litigation over accounting for royalties and copyright interests respecting the Anne of Green Gables books and television dramas

Significant/Reported Cases

The Supreme Court of Canada

Toronto Star Newspapers v. Canada, 2010 S.C.C. 21 (publications bans - bail hearings

Ministry of Public Safety and Security v. Criminal Lawyers Association, 2010 S.C.C. 23 (freedom of information - constitutional law)

Grant v. Torstar Corp., et al., 2009 S.C.C. 61, [2009] - S.C.R. --- (defamation; responsible communication; fair comment)

Quan v. Cusson, et al., 2009 S.C.C. 69, [2009] - S.C.R. --- (defamation, responsible communication)

Provincial Court Judges' Association of New Brunswick v. New Brunswick, et al., [2005] 2 S.C.R. 286, 255 D.L.R. (4th) 513 (judicial independence)

R. v. Toronto Star Newspaper Ltd., et. al., [2005] 2 S.C.R. 188, 253 D.L.R. (4th) 557 (search and seizure-sealing orders-openness)

Canadian Foundation for Children, Youth and the Law v. Canada, 2004 1 S.C.R. 76, 234 D.L.R. (4th) 257 (constitutional law - corporal punishment)

R. v. Ell, et al., [2003] 1 S.C.R. 857, 227 D.L.R. (4th) 217 (judicial independence)

R. v. Mentuck, [2001] 3 S.C.R. 442, 205 D.L.R. (4th) 512 (freedom of the press - publication ban)

The Vancouver Sun v. The Queen, [2001] 3 S.C.R. 478, 205 D.L.R. (4th) 542 (freedom of the press - publication ban)

Smith v. Jones, [1999] 1 S.C.R. 455, 169 D.L.R. (4th) 385 (solicitor-client privilege-publication ban)

Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892, 75 D.L.R. (4th) 577 (freedom of expression - hate propaganda)

R. v. Morgentaler, Smoling and Scott, [1988] 1 S.C.R. 30, 44 D.L.R. (4th) 385 (invalidity of abortion legislation)

R. v. Robertson, [1987] 1 S.C.R. 918, 39 D.L.R. (4th) 321 (sexual assault - consent - similar fact evidence)

Appellate Courts/Judicial Review

Gore, et al. v. College of Physicians and Surgeons of Ontario (2009), 96 O.R. (3d) 241 (C.A.) (constitutional law - investigations)

Toronto Star Newspapers Ltd. v. Canada (2009), 94 O.R (3d) 82 (C.A.) (publication bans - bail hearings)

Grant v. Torstar Corporation (2008), 92 O.R. (3d) 561 (C.A.) (defamation - responsible journalism - fair comment); 2008 O.N.C.A. 853 (costs)

Gore, et al. v. College of Physicians and Surgeons of Ontario (2008), 92 O.R. (3d) 195 (Div. Ct.) (constitutional law - administrative law - investigative powers)

Quizno's Canada Restaurant Corporation v. Kileel Developments Ltd. (2008), 92 O.R. (3d) 347 (C.A.) (pleadings - prejudice)

Canadian Imperial Bank of Commerce v. Chief Commissioner, Canadian Human Rights Commission [2007] F.C.J. No. 1113 (Fed. C.A.) (access to information)

Jansen-Ortho Inc. v. Minister of Health, [2007] F.C.J. No. 927 (Fed. C.A.) (access to information)

The Criminal Lawyers' Association v. Ontario (Public Safety and Security) (2007), 280 D.L.R. (4th) 193, 200 C.C.C. (3d) 343 (Ont. C.A.) (freedom of information - constitutional law)

1465778 Ontario Inc. v. 1122077 Ontario Ltd. (2006), 82 O.R. (3d) 757 275 D.L.R. (4th) 321 (C.A.) (costs - pro bono)

R. v. Truscott (2006), 81 O.R. (3d) 689, 210 C.C.C. (3d) 91 (Ont.C.A.) (fresh evidence - production order)

Young v. Toronto Star Newspapers (2006), 77 O.R. (3d) 680, 259 D.L.R. (4th) 127 (Ont.C.A.) (defamation - privilege)

Bangoura v. Washington Post (2005), 258 D.L.R. (4th) 341 (Ont.C.A.) (defamation - jurisdiction), [2005] O.J. No. 5428 (costs), 1v. to S.C.C. dismissed

Re: Truscott, [2005] O.J. No. 2667 (Ont.C.A.) (access to court documents)

Mussani v. College of Physicians and Surgeons of Ontario (2004), 74 O.R. (3d) 1, 248 D.L.R. (4th) 632 (Ont. C.A.) (constitutional law - right to practise a profession)

R. v. Toronto Star Newspapers Ltd. (2003), 67 O.R. (3d) 577, 232 D.L.R. (4th) 217 (C.A.) (search warrant - sealing orders)

Ontario (Human Rights Commission) v. Roosma (2002), 44 C.H.R.R. D/182, [2002] O.J. No. 3688 (Div. Ct.) (duty to accommodate) (lv. to appeal refused)

Gombu v. Mitchinson (2002), 59 O.R. (3rd) 773, 214 D.L.R. (4th) 163 (Div.Ct.) (freedom of information - elections - public interest), leave to appeal (abandoned), [2002] O.J. No. 3309 (C.A.)

Silva v. Toronto Star Newspapers Ltd. (2002), 215 D.L.R. (4th) 77 (Ont.C.A.) (defamation - allegations - qualified privilege - press conference)

Canadian Foundation for Children, Youth and the Law v. Canada (2002), 57 O.R. (3d) 511, 207 D.L.R. (4th) 632 (Ont. C.A.) (constitutional law - corporal punishment)

Beutel v. Ross (2001), 201 D.L.R. (4th) 75 (N.B.C.A.) (libel - fair comment)

Girsberger v. Kresz(2000), 50 O.R. (3d) 157 (C.A.) (limitations - foreign judgments)

Lana International Ltd. v. Menasco Aerospace Ltd. (2000), 50 O.R. (3d) 97 (C.A.), 190 D.L.R. (4th) 340 (summary judgment - liability of officers - practice)

Toronto Star Newspapers Ltd. v. Toronto (City) Police, [2000] O.J. No. 4684 (Div. Ct.) (access to police discipline documents)

Cannella v. Toronto Transit Commission (1999), 123 O.A.C. 123 (Div.Ct.) (equality rights - discrimination - natural justice)

Duncanson v. Ontario (Information and Privacy Commissioner) (1999), 175 D.L.R. (4th) 340, 87 C.P.R (3d) 94 (Ont. Div. Ct.) (freedom of information - natural justice)

Ontario Federation of Justices of the Peace Associations v. Ontario, (1999), 43 O.R. (3rd) 541 (Div. Ct.), 171 D.L.R. (4th) 337 (constitutional challenge - judicial independence)

Nash v. CIBC Trust Corp., [1999] O.J. 578 (Ont.C.A.) (trusts - fiduciaries)

French Estate v. Ontario (Attorney General) (1998), 157 D.L.R. (4th) 170 (C.A.) (appeal procedure - jurisdiction)

French Estate v Ontario (Attorney General) (1988), 38 O.R. (3d) 347 (C.A.), 157 D.L.R. (4th) 144 (open courts - constitutional challenge), leave to S.C.C. dismissed

Allen v. Toronto Star Newspapers Ltd. (1997), 36 O.R. (3d) 201 (Div.Ct.), 152 D.L.R. (4th) 518 (copyright - fair use)

R. v. Morin (Re Commission on Proceedings Involving Guy Paul Morin) (1997), 32 O.R. (3d) 265 (C.A.), 143 D.L.R. (4th) 54 (publication ban)

Nash v. Ontario (1996), 27 O.R. (3d) 1 (C.A.) (trustee - negligence - breach of trust - stay of proceedings)

Slaby v. Godzisz, [1996] O.J. No. 3174 (Ont.C.A.) (libel)

Nash v. CIBC Trust Corp., [1996] O.J. No. 97 (Ont.C.A.) (bankruptcy - notice)

R. v. Duncan, [1995] O.J. No. 389 (Ont.C.A.) (criminal law - restitution order)

Murray Alter Talent Associates Ltd. v. Toronto Star Newspapers Ltd. (1995), 124 D.L.R. (4th) 105 (Div. Ct.), 84 O.A.C. 261 (libel and slander - apology)

Re MacDonald Estate (1994), 100 Man.R. (2d) 1 (Man. C.A.), 91 W.A.C. 1 (costs)

Thomson Newspapers Ltd. et al. v. The Queen (1994), 95 C.C.C. (3d) 437 (Ont. C.A.), 121 D.L.R. (4th) 42 (publication ban)

Re MacDonald Estate (1994), 95 Man.R. (2d) 123 (Man. C.A.), 70 W.A.C. 123 (breach of fiduciary duty - breach of trust - fraud)

Gallagher v. Southam Inc., [1994] O.J. 537 (C.A.) (jurisdiction - right of appeal)

Ontario (Attorney General) v. Fineberg (1994), 19 O.R. (3d) 197 (Div.Ct.), 116 D.L.R. (4th) 498 (freedom of information - constitutional challenge)

Ontario (Solicitor-General) v. Ontario (Assistant Information and Privacy Commissioner) (1993), 102 D.L.R. (4th) 602 (Div.Ct.), appeal allowed (1993), 107 D.L.R. (4th) 454 (C.A.) (freedom of information - personal information)

Hudson's Bay Co. v. Wetston (1992), 10 O.R. (3d) 89 (C.A.) (misleading advertising - search warrants)

Latif v. Ontario (Human Rights Commission) (1992), 5 O.A.C. 204, 4 Admin. L.R. (2d) 227 (Div.Ct.) (human rights - jurisdiction - delay)

R. v. D.M., [1992] O.J. 3662 (C.A.) (young offender - unreasonable delay - sentence appeal)

Corporation of the Town of Vaughan v. Alta Surety (1992), 3 C.L.R. (2d) 209 (Ont. C.A.) (construction law - bid bond)

Rosbrook Estate v. Baker, [1991] O.J. No. 1028 (Div.Ct.) (implied undertaking rule)

Perras v. Toronto Star Newspapers Ltd., [1990] O.J. No. 1248 (C.A.) (defamation)

Yorkville North Development Ltd. and City of North York (1988), 64 O.R. (2d) 225 (C.A.), 48 R.P.R. 225 (C.A.) (jurisdiction - right to appeal)

R. v. Trimarchi (1988), 63 O.R. (2d) 515 (C.A.), 49 D.L.R. (4th) 382 (independence of judges)

R. v. Seran, [1987] O.J. 1155 (C.A.) (murder - provocation)

Superior/Trial Courts

R. v. Christophe, et al., 2009 ONCJ 586 (CanLii) (pensions - prudent investments)

Nelson Barbados Group Ltd. v. Cox, et al., 2009 CanLii 22563 (Ont.S.C.) (conspiracy - jurisdiction - forum)

Black v. Breeden, et al., 2009 CanLii 14041 (Ont.S.C.) (defamation - jurisdiction)

ArcelorMittal Dofasco Inc. v. U.S. Steel (Canada Inc.), [2008] O.J. No. 4412 (Ont.S.C.) (no reasonable cause of action - right of first refusal)

Khadr v. Canada, 2008 F.C. 807 (access to records - national security)

Nelson Barbados Group Ltd. v. Cox, [2008] O.J. No. 454 (jurisdiction - examinations - safety), O.J. No. 1455 (costs)

R. v. Daiter, [2007] O.J. No. 3339 (S.C.) (publication ban)

Toronto Star Newspapers Ltd. v. Ontario (2007), 84 O.R. (3d) 766 (S.C.) (bail - publicaton ban - national security - staredecisis)

Toronto Star Newspapers Ltd. v. Canada (2007), 278 D.L.R. (4th) 99 (F.C.) (Charter - open courts, Canada Evidence Act - national security)

Hamilton Street Railway Co. v. Human Rights Commission, [2006] O.J. No. 4662 (S.C.) (prohibition - bias)

Toronto Star v. Canada, [2006] O.J. No. 5448 (sealing order - search warrant)

R. v. MBB Helicopter Canada (2006), 212 C.C.C. (3d) 401 (Ont.S.C.) (fraud - corporate liability - committal for trial)

Sherkin v. Michelin North America (May 26, 2006, Ont.S.C.) (defamation - jurisdiction)

Telus Communications Co. v. Rogers Wireless Inc., [2006] O.J. No. 1865 (S.C.) (injunction)

Navionics Inc. v. Nautical Data International, Inc., March 10, 2006 (Ont.S.C.) (defamation - stay of proceedings)

Toronto Star Newspapers Ltd v. Canada. (2005), 204 C.C.C. (3d) 397 (Ont.S.C.) (search warrant - sealing order)

R. v. Toronto Star Newspapers Ltd., [2005] O.J. No. 5532 (search warrant - sealing order - jurisdiction) (S.C.)

Janssen-Ortho Inc. v. Minister of Health, [2005] F.C.J. No. 2014 (F.C.) (Access to Information - commercial and scientific information)

Re: Nautical Data International, Inc., [2005] N.J. No. 256 (Nfld. S.C.) (bankruptcy - stay of proceedings)

R. v. Welsh, [2005] O.J. No. 5085 (S.C.) (access to court documents)

Re: Nautical Data International, Inc., [2005] N.J. No. 215 (Nfld.S.C.) (open courts)

Re: Eurocopter Canada Ltd. and The Queen (2004), 71 O.R. (3d) 27, 185 C.C.C. (3d) 104 (Ont.S.C.) (standing - limited inquiry - review of ex parte order)

Bangoura v. Washington Post (2004), 235 D.L.R. (4th) 564 (Ont.S.) (defamation-jurisdiction); [2004] O.J. No. 671 (costs)

Sullivan Entertainment Group Inc. v. Butler, (2004) 69 O.R. (3d) 354 (S.C.) (defamation trial - truth - fair comment - privilege)

R. v. Eurocopter Canada Ltd. (No. 2) (2003), 67 O.R. (3d) 763, 233 D.L.R. (4th) 114, (Ont.S.C.) (search warrants - sealing orders)

Young v. Toronto Star Newspapers Ltd. (2003), 66 O.R. (3d) 170 (defamation-privilege)

R. v. Eurocopter Canada Ltd. (No.1) (2001), 67 O.R. (3d) 756 (S.C.) (search warrants - standing of "interested party")

R. v. Eurocopter Canada Ltd., [2001] O.J. No. 1592 (S.C) (search warrants - detention orders)

R.v. Eurocopter Canada Ltd., [2001] O.J. No. 1591 (S.C.) (search warrants - sealing orders)

Canadian Foundation for Children, Youth and the Law v. Canada, [2001] O.J. No. 1110 (costs - public interest litigation)

Canadian Foundation for Children Youth and the Law v. Canada (Attorney General) (2000), 49 O.R. (3d) 662, 188 D.L.R. (4th) 718 (Ont.S.C.) (constitutional law - equality rights - security of the person - corporal punishment)

Toronto Star Newspapers Ltd. v. Ontario, [2000] O.J. No. 2398 (S.C.) (search warrants - sealing orders)

Girsberger v. Kresz (2000), 47 O.R. (3d) 145 (Ont.S.C.) (limitations - foreign judgments)

Lana International Ltd. v. Menasco Aerospace (1999), 181 D.L.R. (4th) 534 (Ont.S.C.) (corporate veil - summary judgment - personal liability of officers)

R. v. Brown, [1999] O.J. No. 4870, 74 C.R.R. (2d) 164 (application to quash subpoenas)

Lana International Ltd. v. Menasco Aerospace, [1999] O.J. No. 4127 (Gen.Div.) (security for costs)

R. v. Brown, [1998] O.J. No. 4681 (Gen.Div.) (publication ban)

Silva v. Toronto Star Newspapers Ltd. (1998), 167 D.L.R. (4th) 354 (Ont.Ct. (Gen.Div.)) (defamation)

R. v. Brown (1998), 126 C.C.C. (3d) 187 (Ont. Ct. (Gen. Div.)) (publication ban)

Gouveia v. Toronto Star Newspapers Ltd. (1998), 75 O.T.C. 186, [1998] O.J. No. 3830 (Gen.Div.) (libel - truth - fair comment - costs)

Canadian Imperial Bank of Commerce v. Canada, [1997] O.J. No. 5573 (Gen.Div.) (search warrants - assistance orders)

Ungaro v. Toronto Star Newspapers Ltd. (1997), 144 D.L.R. (4th) 84 (Ont.Ct. (Gen. Div.)) (defamation)

Peddie v. Kerr (1996), O.T.C. 132 (Ont.Ct.(Gen.Div.)), [1996] O.J. No. 2551 (defamation)

Nash v. CIBC Trust Corp. (1996), 7 C.P.C. (4th) 263 (Ont.Ct.(Gen.Div.)) (summary judgment - breach of trust - res judicata)

R. v. Van Seters (1996), 31 O.R. (3d) 19 (Gen.Div.) (publicity - access to court records)

Nash v. CIBC Trust Corp., [1996] O.J. No. 1833 (Gen.Div.) (conflict of interest)

Lana International Ltd., et al. v. Menasco Aerospace Ltd., et al (1996), 28 O.R. (3d) 343 (Gen.Div.) (validity of pleadings - independent wrongdoing)

Cohl v. Donovan, [1996] O.J. 3857 (Gen.Div.) (defamation - pleadings - republication)

R. v. Ross, [1995] O.J. No. 3180 (subpoenas - publication bans)

374427 Ontario Ltd. v. 1052946 Ontario Ltd., [1995] O.J. No. 2142 (mortgage remedies)

R. v. Peebles, [1995] O.J. No. 429 (publication ban)

Bohman v. Canada (Deputy Attorney General) (1994), 35 C.P.C. (3d) 25 (Ont. Ct. (Gen. Div.)) (solicitor-client privilege)

R. v. Bernardo, [1994] O.J. No. 1718 (publication ban)

R. v. MacLean, [1994] O.J. 2579 (criminal harassment)

Murray Alter Talent Associates Ltd. v. Toronto Star Newspapers Ltd., [1994] O.J. No. 779 (Gen.Div.) (libel - apology)

MacDonald Estate v. Martin (1993), 91 Man.R. (2d) 21 (Q.B.) (costs)

Pizza Pizza Ltd. v. Toronto Star Newspapers Ltd., [1993] O.J. 3015 (libel pleadings)

Re MacDonald Estate (1993), 89 Man.R. (2d) 161 (Q.B.) (breach of fiduciary duty - breach of trust - fraud - punitive damages)

R. v. Beatrice Foods Inc. (1993), 13 C.E.L.R. (N.S.) 141 (Ont.P.C.) (environmental law)

Canada v. Aquarius Computer & Peripherals Ltd., [1992] O.J. No. 402 (Gen.Div.) (costs - Charter remedy)

R. v. Transtario Bus Lines Inc., [1992] O.J. No. 51 (information - sufficiency)

Hudson's Bay Co. v. Wetston (1992), 9 O.R. (3d) 51 (Gen.Div.) (search and seizure)

MacDonald Estate v. Martin (1992), 82 Man.R. (2d) 267 (Q.B.) (hearsay - admission of testimony of deceased)

R. v. Hudson's Bay Co. (1991), 37 C.P.R. (3d) 188 (Gen. Div.) (misleading advertising - sentencing)

R. v. Canadian Oxygen Ltd., [1991] O.J. No. 1797 (bid rigging - sentencing)

Corporation of the Town of Vaughan v. Alta Surety (1990), 42 C.L.R. 305 (Ont.H.C.) (construction law - bid bond)

Toronto Star Newspapers Ltd. v. Kenney (1990), 33 F.T.R. 194 (F.C.T.D.) (constitutional challenge to closed refugee hearings)

Canada v. Aquarius Computer & Peripherals Ltd. (1989), 2 T.C.T. 4351 (Ont.H.C.) (constitutionality of search warrant - customs and tax)

R. v. Ongcangco, [1989] O.J. No. 1223 (criminal subpoenas)

Slaunwhite v. Board of Opthalmic Dispensers, [1989] O.J. No. 621 (constitutional law - vagueness)

Re Whitmore, et al. and The Queen (1987), 41 C.C.C. (3d) 555 (Ont.H.C.) (criminal procedure)

R. v. Walton, [1987] O.J. No. 389 (hearsay - statements of deceased)

Administrative Tribunals

Wabush Mines v. Quebec North Shore & Labrador Railway Co. (Canadian Transportation Agency, LET-R-248-2004, September 7, 2004) (level of service complaint - interlocutory ruling)

Report of the Third Ontario Justices of the Peace Remuneration Commission (November 27, 2003)

Odell v. Toronto Transit Commission (No. 2) (2001), 40 C.H.R.R. D/254 (human rights - intervention application)

Roosma v. Ford Motor Co. of Canada (2001), 39 C.H.R.R. D/147 (human rights - costs)

Odell v. Toronto Transit Commission (No. 1) (2001), 39 C.H.R.R. D/200 (human rights - special program - pleadings)

Report of the Second Ontario Justices of the Peace Remuneration Commission, September 22, 2000 (judicial compensation)

Roosma v. Ford Motor Co. of Canada (No. 4) (1996), 24 C.H.R.R. D/89 (human rights - duty to accommodate)

Roosma v. Ford Motor Co. of Canada (No. 3) (1993), 18 C.H.R.R. D/195 (evidence - human rights)

Hall v. A.-1 Auto Collision (1992), 17 C.H.R.R. D/199 (human rights - delay)

York South Association for Community Living v. Town of Richmond Hill, [1989] O.M.B.D. 434 (municipal law - rezoning)

New Brunswick Court

Bell Aliant v. Rogers, 2010 N.B.Q.B. 166



 
     
 

Areas of Law

Litigation & Dispute Resolution
Media
White Collar Crime
Constitutional & Charter of Rights
Competition Litigation
Tax Controversy & Litigation
 
 

Education

Admitted to the Ontario Bar - 1986
LL.B., University of Toronto - 1984
B.A. (Hon.), University of Toronto - 1981
Music Performance Program (School of Music), Indiana University - 1976-1978
 
 

Media Appearances

Quoted - "Right to Access is Charter Right: SCC", Article by Dean Jobb, The Lawyers Weekly, July 2, 2010.

Quoted - "SCC Upholds Mandatory Publication Bans on Bail Hearings", Article by Dean Jobb, The Lawyers Weekly, June 25, 2010.

Quoted - "Access to Information not Constitutional Right", Article by Tracey Tyler, Toronto Star, June 18, 2010.

Quoted - "Supreme Court Loosens Lid on Access to Information, but Only Slightly", Article by Janice Tibbetts, Canwest News Service, June 17, 2010.

Quoted - "Supreme Court Establishes Constitutional Right to Information - Within Limits", Article by Kirk Makin, June 17, 2010.

Quoted - "Court Says Free Expression at Stake in Suppressed Police Report", Article by Kirk Makin, The Globe and Mail, June 17, 2010.

Mentioned - "Supreme Court Upholds Right to Publication Bans", Article by Rob Gillies, The Associated Press, June 10, 2010.

Quoted - "Law and Order in Cyberspace", Article by Pam Frampton, The Telegram - St. John's, Newfoundland, June 5, 2010.

Quoted - "B.C. Scientist Sues National Post Over Stories", Article by Canadian Press, The Daily Courier (Vernon), April 26, 2010.

Quoted - "Climate Scientist's Lawsuit Puts Chill on Media Lawyers", Article by Tracey Tyler, Toronto Star, April 24, 2010.

Quoted - "Bell Aliant Claims in Court that Rogers Isn't Playing Fair with Internet Marketing Campaign", Article by John Pollack, The Daily Gleaner, April 17, 2010.

Quoted - "Providers Not on 'level and legal' Playing Field: Bell Aliant Says in Court", Article by John Pollack, Telegraph-Journal, April 17, 2010.

Quoted - "Bell Aliant, Rogers Spar in Court Over Who is Faster", Article by John Pollack, The Daily Gleaner, March 26, 2010.

Quoted - "Keep Eyes On The Cookie Jar - Regular Reviews Can Deter Fraud by Trusted Staff", Article by Jim Middlemiss, Financial Post, March 22, 2010.

Quoted - "Surrender Your Licence or be Disbarred, Lawyer Told", Article by Robert Todd, Law Times, March 1, 2010.

Quoted - "A Huge Sea Change' in Libel Law'", The Canadian Journalism Project, Article by Ted Fairhurst, February 18, 2010.

Quoted - "New Libel Defences of Responsible Communication and Reportage are Game-changers: Media Lawyers", Article by Cristin Schmitz, The Lawyers Weekly, January 22, 2010.

Quoted - "Supreme Lessons in Journalism", Editorial, Toronto Star, January 16, 2010.

Quoted - "Fundamental Shift", Article by Tim Shufelt, Law Times, December 29, 2009.

Quoted - "'Libel Chill' Roasted", Article by The Canadian Press, Metro, December 23, 2009.

Quoted - "Top Court Transforms Press Freedom with New Libel Defence", Article by Kirk Makin, Globe and Mail, December 23, 2009.

Quoted - "Top Court Expands Freedoms for Media", Article by Tonda MacCharles, Toronto Star, December 23, 2009.

Quoted - "Top Court to Rule on Journalists' Protection", Article by Tonda MacCharles, Toronto Star, December 22, 2009.

Quoted - "LSUC Votes to End Life Terms", Article by Tim Shufelt, Law Times, December 14, 2009.

Quoted - "Supreme Court Urged to End Bail Hearing 'Cone of Silence'", Article by Tonda MacCharles, Toronto Star, November 17, 2009.

Quoted - "Media Fights Mandatory Publication Bans", Article by Althia Raj, Kingston Whig-Standard (Ontario), November 17, 2009.

Mentioned - "Journal Argues for Right to Report Bail Hearings", Article by Mike De Souza, Edmonton Journal (Alberta), November 17, 2009.

Quoted - "Canada Supreme Court Hears Media Appeal", Article by Rob Gillies, FederalNewsRadio.com, November 16, 2009, and Associated Press Worldstream, November 17, 2009.

Mentioned - "News Organizations Ask Top Court to Allow More Bail Information", Article by Mike De Souza, canada.com, November 16, 2009.

Quoted - "Taking the Publication Ban Fight to the Top Court", Article by Althia Raj, Toronto Sun, November 16, 2009.

Quoted - "Decision Paves Way to Secret Hearings, Judge Says", Article by Tracey Tyler, Toronto Star, October 15, 2009.

Quoted - "Critics Suggest Appeal Court's Ruling Will Impact Open Administration of Justice", Article by Tracey Tyler, Toronto Star, October 14, 2009.

Quoted - "O'Brien Ruling Spurs Debate on Courtroom Blogging", Article by Julius Melnitzer, Law Times, October 5/12, 2009.

Quoted - "Firm to Offer Up to $100,000 Legal Coverage for $500", Article by Tracey Tyler, Toronto Star, October 7, 2009.

Quoted - "Nortel Sale to Ericsson Stirs Protest in Canada", Article by Ian Austen, The New York Times, August 15, 2009.

Interviewed - "Nortel", Sandie Rinaldo, Interviewed by Roger Smith, CTV NEWS, Aired on August 7, 2009.

Quoted - "Twitter Updates Breathless World", Article by Emily Senger, National Post, August 6, 2009.

Quoted - "Supreme Court Will Hear Press Freedom Appeal", Article by Janice Tibbetts, Canwest News Service, June 25, 2009.

Quoted - "Tweeting in the Courtroom", Article by Julius Melnitzer, Lexpert Magazine, June 17, 2009.

Quoted - "Doctors Challenge Scrutiny of Cosmetic Surgeries", Article by Tracey Tyler, Toronto Star, Toronto, Ontario, June 11, 2009.

Mentioned - "Award Honours Star Photographer", Article by Jesse McLean, Toronto Star, May 25, 2009.

Mentioned - "Praise for Defenders of Press Freedom - Daniel Leblanc Wins Press Freedom Award", CNW Telbec, Ottawa, Ontario, May 5, 2009.

Quoted - "Court Weighs 'Responsible Journalism' Defence", Article by Tonda MacCharles, Toronto Star, April 24, 2009.

Quoted - "Update Libel Law, Lawyers Argue", Article by Kirk Makin, The Globe and Mail, February 18, 2009.

Quoted - "Justify Why Libel Law Needs Change, Top Court Tells Media", Article by Tonda MacCharles, Toronto Star, February 18, 2009.

Quoted - "Secrecy of Bail Hearings Reduced by High Court", Article by Kirk Makin, Globe and Mail, January 27, 2009.

Quoted - "Court eases media rules for reporting bail hearings", Article by Tracey Tyler, Toronto Star, January 27, 2009.

Quoted - "Media lose appeal of news blackout", Article by Rob Gillies, AP News, January 26, 2009.

Quoted - "Terror Trial Suspects Can't Be Named", Article by Isabel Teotonio, Toronto Star, April 2, 2008.

Quoted - "Star Argues 'responsible journalism' in Libel Appeal", Article by Peter Small, Toronto Star, April 1, 2008.

Interviewed - "The Current (Radio Program)", Interviewed by Anna Maria Tremonte on the Toronto terrorism case for CBC Radio's The Current, Aired on March 27, 2008.

Quoted - "Terror Trial for Toronto-area Youth Begins", Article from The Associated Press, International Herald Tribune, March 26, 2008.

Quoted - "Crown Wants Names of Adult Co-accused Shielded", Article by Isabel Teotonio, Toronto Star, Toronto, Ontario, March 26, 2008.

Quoted - "Youth Trial First Test for Anti-terror Bill", Article by Isabel Teotonio, Toronto Star, Toronto, Ontario, March 25, 2008.

Quoted - "Bail court 'secrecy' challenged ", Article by Tracey Tyler, Toronto Star, March 5, 2008.

Mentioned - "Indigenous Rights and the Mayan Victory in Belize", The Dominion News from the Grassroots, January 23, 2008.

Mentioned - "The Bliss of Being a Bencher", Article by Kirk Makin, Globe and Mail, May 2, 2007.

Quoted - "Identity and Belonging, Rooted in the Land", Article by Kate Heartfield, The Ottawa Citizen and Victoria Times Colonist, April 30, 2007.

Quoted - "Belize Indians Fight for Old Lands - Canadian Lawyers File Human Rights Challenge", Article by Olivia Ward, Toronto Star, P. A20, April 26, 2007.

Mentioned - "Crown Argues For Limiting Right To Know In Terror Case", Article by Michelle Shephard, Toronto Star, P. C2, January 10, 2007.

Quoted - "Court Urged to Lift Wrap on Terror Case", Article by Michelle Shephard, thestar.com, January 9, 2007.

Quoted - "Media Challenges Publication Ban in Canadian Terror Suspect Hearings", International Herald Tribune, The Associated Press, January 8, 2007.

Mentioned - "Amend Information Laws, Ontario Court Urged", Article by Kirk Makin, The Globe & Mail, P. A7, November 28, 2006.

Quoted - "Decades-Old Mob Killing Prompts Freedom-of-Information Challenge", Article by Kirk Makin, The Globe & Mail, P. A8, November 27, 2006.

Quoted - "Limits on Sealing Search Warrants Ignored: Lawyers", Article by Marissa Nelson, The Hamilton Spectator, November 10, 2006.

Quoted - "Ruling Redefines Pro Bono Legal Services", Article by Tracey Tyler, TheStar.com, October 25, 2006.

Quoted - "Ottawa Faces Challenge to 'Secretive' Hearings", Article by Betsy Powell, Toronto Star, P. A6, September 26, 2006.

Quoted - "Airbus Investigation Draws to a Close", Article by Kirk Makin, globeandmail.com, September 12, 2006.

Quoted - "Eurocopter Fraud Charges Thrown Out by Ottawa Court", Article by Tracey Tyler, thestar.com, September 12, 2006.

 
 

Recent Publications

Co-author - "Supreme Court of Canada Creates Limited Right to Access Government Documents", Blakes Bulletin on Litigation & Dispute Resolution, June 2010.

Author - "Freedom of Expression and the Press: An Update", (2010) 27 National Journal of Constitutional Law, 263.

Co-author - "Public Interest Responsible Communication", (2010) Charter and Human Rights Litigation 1347.

Co-author - "Supreme Court of Canada Recognizes New Libel Defence: Historic Decision Creates Defence of Public Interest Responsible Communication", Blakes Bulletin on Litigation, December 2009.

Co-author - "Supreme Court of Canada Creates Defense of Public Interest Responsible Communication", MLRC MediaLawLetter, pp. 29-32, December 2009.

Co-author - Criminal Liability of Officers and Directors of a Corporation", The Canadian Institute's 12th Annual National Forum, Directors', Officers' and Fiduciaries Liability Conference, Toronto, Ontario, October 21, 2009.

Author - "Freedom of Expression in Canada: an 'Avalanche' of Media Cases", International Bar Association Media Law Newsletter, Vol. 11, No. 1, p. 14, September 2009.

Co-author - "Canada's Corruption of Foreign Public Officials Act: What You Need to Know and Why", Published in The In-Hourse Lawyer.co.uk, October 2009; also in Blakes Bulletin on White Collar Crime, September 2009.

Author - "Toronto Star Wins Libel Appeal; Ontario Court of Appeal Decision is First Canadian Case to Apply Responsible Journalism Defence", Blakes Bulletin on Litigation, December 2008.

Author - "Responsible Journalism Defence Applied in Canada", MLRC MediaLawLetter, December 2008.

Author - "The Constitutionalization of Libel Law and Other Long-Overdue Developments in Freedom of the Press", 7th Annual Charter Conference, Ontario Bar Association, Toronto, Ontario, September 26, 2008; also published in the National Journal of Constitutional Law 2008-2009, Vol. 25, cited as (2008) 25 N.J.C.L. 1-295, p. 133, Constitutional Update 2008.

Author - "The Intersection of Civil and Criminal Fraud", Criminal Law Issues Affecting Civil Litigators, Ontario Bar Association, Toronto, Ontario, September 24, 2008.

Co-author - "Recent Developments in Media and Defamation Law", Canadian Legal Lexpert Directory, 2008.

Co-author - "On Canadian CRIMINAL Law", The Lexpert® U.S. Guide, November 2007.

Author - "Court Deals Bad Hand on Access to Justice", (2007) 14 Charter and Human Rights Litigation, 1066.

Co-author - "Subpoenas, Requests for Information and Administrative Penalties", Canada's Anti-Money Laundering Laws Get a Facelift, Blakes Seminar, Toronto, Ontario, May 29, 2007.

Co-author - "Presenting Charter Arguments in Administrative Proceedings", The Canadian Institute's Fundamentals of Administrative Law & Practice, Toronto, Ontario, April 19-20, 2007.

Author - "Comment on Charkaoui, et al.", www.thecourt.ca, Osgoode Hall Law School, February 23, 2007.

Co-author - "Public Interest Responsible Journalism", Charter and Human Rights Litigation, pp. 1094-1099, Volume XIV, No. 3, 2007.

Co-author - "Recent Developments in Media and Defamation Law", Canadian Legal Lexpert Directory, 2007.

Co-author - "Jurisdiction to Apply Human Rights Legislation", (2006) 13 Charter and Human Rights Litigation 1003.

 
 

Recent Professional Activities

Speaker - "Leading Litigation: Winning Results/Managing Costs", CBA Canadian Legal Conference and Expo 2010, Niagara, Ontario, August 16, 2010.

Speaker - "The Apology Act: Is this a Solution?", Spring Symposium 2010, Mastering the Art of Advocacy, American College of Trial Lawyers/The Advocates' Society, Toronto, Ontario, May 28, 2010.

Speaker - " Presenting Charter Arguments in Administrative Proceedings", Fundamentals of Administrative Law & Practice, The Canadian Institute, Toronto, Ontario, April 24, 2009; also on April 19, 2010.

Panellist - "The Thawing of Libel Chill", Workshop on Media Suppression, Nathanson Centre/IP Osgoode, Toronto, Ontario, March 16, 2010.

Panellist - ""The Good Fight" The Legal Limits of Free Expression", Freedom to Read Week, Book and Periodical Council, Toronto, Ontario, February 23, 2010.

Speaker - "Search and Seizure for Justices of the Peace", Ontario Court of Justice, Toronto, Ontario, February 22, 2010.

Panellist - "Defending Against Libel and Contempt: Supreme Court Cases and their Impact on Journalism", The Canadian Journalism Foundation, Toronto, Ontario, February 16, 2010.

Speaker - " Legal Pitfalls of Blogging", Rights Watch 2010: Tracking Canada's Civil Liberties and Human Rights Landscape, Canadian Civil Liberties Association, January 9, 2010.

Speaker - "Constitutional, Civil Liberties and Human Rights - Bus Ads, Media Sources and Publication Bans: Section 2(b) of the Charter gets a workout", Ontario Bar Association, Toronto, Ontario, December 1, 2009.

Panellist - "Access to Justice", Legal Ethics and Professionalism Bridge Week, Faculty of Law, University of Toronto, November 7, 2007; and November 4, 2009.

Co-chair - "Ad IDEM/Canadian Media Lawyers Association", Annual Conference, Montreal, Quebec, November 6-7, 2009.

Speaker - " Tribunals, Openness and Privacy: Finding a Balance", The Canadian Institute's 9th Annual Advanced Administrative Law & Practice, Ottawa, Ontario, October 28, 2009.

Speaker - " The Trial", Dialogue with the Bench and Bar: Tools and Tactics to Improve Your Advocacy Skills (YLD), Ontario Bar Association, Toronto, Ontario, September 29, 2009.

Speaker - " Giving Evidence some "Weight"", Evidence Law for the Civil Litigator, Osgoode Professional Development Program, Toronto, Ontario, September 23, 2009.

Speaker - " Freedom of Expression and the Press: An Update", 8th Annual Charter Conference, Ontario Bar Association, Toronto, Ontario, September 18, 2009.

Speaker & Author - " Openness, Privacy and Access to Electronic Records", Process Fairness: The Adjudicator's Guide to Manage and Conduct Hearings, Insight, Ottawa, Ontario, March 30 -31, 2009.

Co-chair - "Ad IDEM/Canadian Media Lawyers Association", Annual Conference, Ottawa, Ontario, November 7-8, 2008.

Speaker - "Confidentiality and the Open Courts Principles", Privilege, Confidentiality and Conflicts of Interest: Traversing Tricky Terrain, Ontario Bar Association, Toronto, Ontario, October 23, 2008.

Panellist - "2nd National Pro Bono Conference", Vancouver, British Columbia, September 18-19, 2008.

Speaker - "Canadian Media Law - An Outline", UNESCO Conference on the Media and Caribbean Justice System, Kingston, Jamaica, September 3-5, 2008.

Guest Speaker - "Freedom of Information", Canadian Journalists for Free Expression, Annual General Meeting, Toronto, Ontario, June 12, 2008.

Speaker - "Openness, Privacy and Access to Electronic Court Records ", Canadian Association of Law Libraries 2008 Conference, Saskatoon, Saskatchewan, May 25-28, 2008.

Panellist - "Law Panel ", Canadian Newspaper Association, Canadian Newspaper Association Annual Conference, Toronto, Ontario, May 8, 2008.

Speaker - " Presenting Charter Arguments in Administrative Proceedings", Fundamentals of Administrative Law & Practice, The Canadian Institute, Toronto, Ontario, April 28, 2008.

Speaker - "Privacy Issues: Databases", Second Annual Privacy Law Summit, Ontario Bar Association, Toronto, Ontario, November 5, 2007.

Co-chair - "Annual Conference", Ad IDEM/Canadian Media Lawyers Association, Toronto, Ontario, November 2-3, 2007.

Speaker - "Open Doors: Open Justice", Conference of Ontario Boards & Agencies, Society of Ontario Adjudicators and Regulators, Toronto, Ontario, November 1, 2007.

Speaker - "Access to Administrative Justice", The New Administrative Law, Law Society of Upper Canada, Toronto, Ontario, October 24, 2007.

Speaker - "Sealing Orders and Search Warrants", Justices of the Peace Training Sessions, Toronto, Ontario, August 23, 2007.

Speaker - "Presenting Charter Arguments in Administrative Proceedings", Fundamentals of Administrative Law and Practice, The Canadian Institute, Toronto, Ontario, April 19-20, 2007.

Speaker - "Integrating Pro Bono Initiatives Into Your Practice", Canadian Bar Association, Continuing Legal Education Online, April 18, 2007.

Chair - "Communicating with the Media", The Law Society of Upper Canada, Toronto, Ontario, April 11, 2007.

Speaker - "Media Relations 2007", Forging Persuasive Techniques to Attract Media Attention in a Competitive Field, The Canadian Institute, Toronto, Ontario, March 28-29, 2007.

Speaker - "Strategies for Navigating the Disclosure Minefield in Government Cases", Third Conference on Crown Liability - The Latest Developments - Effective Strategies for Suing or Defending the Government, Toronto, Ontario, December 1, 2006.

Speaker & Moderator - "National Media Law Conference", Montreal, Quebec, November 17-18, 2006.

 
     
     
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