Scott Maidment

Partner


Toronto

Tel : 416.865.7911
Fax : 416.865.7048

Email : scott.maidment@mcmillan.ca
VCard : vcard

Professional Experience Scott is an experienced counsel with 20 years of advocacy before trial and appellate courts in several jurisdictions. His practice focuses on complex litigation, with emphasis on product liability litigation and class action defence. Scott is Co-Chair of the firm's National Class Action Practice and Co-Chair of the firm's Product Liability Group.

Scott has successfully represented clients in trial, appellate, arbitration and settlement proceedings involving breach of contract, competition, defamation, insurance, intellectual property, product liability and real estate. Many of his cases have been widely reported and are precedent-setting. Clients that Scott has represented include Becton Dickinson, Boehringer-Ingelheim, Bank One, Bank of Tokyo, Cabot Corporation, Evenflo, Federal Express, The Hershey Company, Honda, ING, Tycoelectronics, Terex Corporation and Thomas Cook.

Scott has served as an Adjunct Professor of trial practice at Osgoode Hall Law School, one of Canada's leading law schools. He has also been a Team Leader and Instructor at Osgoode's Intensive Trial Advocacy Workshop and has taught trial advocacy for the Attorney General of Canada, the Ontario Centre for Advocacy Training, and the Law Society of Newfoundland. Scott speaks and writes regularly on topics related to trial advocacy and product liability. He is also a co-author of Product Liability: Canadian Law and Practice, the comprehensive looseleaf service on product liability litigation published by Canada Law Book.

Scott has achieved international recognition for his skill and expertise in product liability litigation and class action defence, particularly in the life sciences sector. Reviewers have described Scott as a "quite brilliant strategist" who "stands out" for his class action work. Scott is recognized by Lexpert® as a Leading Lawyer in Product Liability Litigation. The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada 2012 lists Scott as a leading Product Liability practitioner. BestLawyers' Guide to the Legal Profession in Canada lists Scott as one of Canada's Best Lawyers in this field, and Euromoney recognized Scott's expertise in its Guide to the World's Leading Product Liability Lawyers. In its global ranking of life sciences lawyers, the Practical Law Company describes Scott as: "A product liability and class action defence specialist with an impressive recent track record in the life sciences sector". Scott also appears in The International Who's Who of Life Sciences Lawyers, The International Who's Who of Product Liability Lawyers and The International Who's Who of Business Lawyers.

Scott was named one of the world's top 25 product liability lawyers in Legal Media Group's The Best of the Best, 2010.

Selected Superior Court and Appellate Decisions:
  • Main v. Cadbury Schweppes plc (2011), 300 B.C.A.C. 302 (BCCA).
  • Main v. Cadbury Schweppes plc (2010), 8 B.C.L.R. (5th) 305, 92 C.P.C. (6th) 95 (BCSC).
  • 1092072 Ontario Inc. (c.o.b. Elfe Juvenile Products) v. GCAN Insurance Co. (2009), 74 C.C.L.I. (4th) 10 (Ont CA).
  • Osmun v. Cadbury Adams Canada Inc. (2009), 85 C.P.C. (6th) 148 (Ont SCJ)
  • Sollen v. Pfizer Canada Inc. (2008), 290 D.L.R. (4th) 603; 55 C.P.C. (6th) 340 (Ont SCJ).
  • Lincoln General Insurance Co. v. Insurance Corp. of British Columbia (2008), 64 C.C.L.I. (4th) 16 (Ont CA).
  • Boehringer Ingelheim (Canada) Ltd. v. Canadian Agency for Drugs and Technologies in Health (2008), 243 O.A.C. 200 (Ont Div Ct).
  • Sollen v. Pfizer Canada Inc. (2008), 63 C.P.C. (6th) 1; 305 D.L.R. (4th) 184 (Ont CA).
  • Sollen v. Pfizer (2008), 290 D.L.R. (4th) 603 (Ont. Sup. Ct.)
  • Sanofi-Aventis Canada Inc. v. Apotex Inc. (2007), 60 C.P.R. (4th) 273 (F.C.T.D.)
  • Lincoln General Insurance Co. v. Insurance Corporation of British Columbia (2007), 54 C.C.L.I. (4th) 213 (Ont. Sup. Ct.)
  • Parlette v. Sokkia Inc. (2007), 27 B.L.R. (4th) 32, 46 C.C.L.T. (3d) 161 (Ont. Sup. Ct.)
  • Englund v. Pfizer [2007] 9 W.W.R. 434, 43 C.P.C. (6th) 296, 284 D.L.R. (4th) 94 (Sask. C.A.)
  • Rivard Instruments In. v. Ideal Instruments Inc. (2006), 54 C.P.R. (4th) 420, 302 F.T.R. 301 (F.C.T.D.)
  • Keays v. Honda (2006), 82 O.R. (3d) 161, 274 D.L.R. (4th) 107 (C.A.)
  • Colantino v. Kuhlmann (2006), 80 O.R. (3d) 21 (Ont. Sup. Ct.)
  • Englund v. Pfizer, [2006] 7 W.W.R. 128, 274 Sask.R. 172, 23 C.P.C (6th) 136 (Q.B.)
  • Cardozo v. Becton, Dickinson and Co. (2005), 29 C.P.C. (6th) 112 (B.C.S.C.)
  • Croplife Canada v. Toronto (City) (2005), 75 O.R. (3d) 357, (2005) 254 D.L.R. (4th) 40, (2005) 198 O.A.C. 35, (2005) 14 C.E.L.R. (3d) 207, (2005) 10 M.P.L.R. (4th) 1 (C.A.)
  • Sollen v. Boehringer Ingelheim (Canada) Ltd. (2005), 14 C.P.C. (6th) 344, (2005) 139 A.C.W.S. (3d) 854
  • Parlette v. Sokkia Inc. (2005), 194 O.A.C. 22 (Sup. Ct.)
  • Keays v. Honda Canada Inc. (2005), 40 C.C.E.L. (3d) 258 (Ont. Sup. Ct.)
  • Oakville Hydro v. Tyco Electronics (2004), 71 O.R. (3d) 330 (Sup. Ct.)
  • General Electric Capital Canada Inc. v. Deloitte & Touche LLP (2002), 29 B.L.R. (3d) 308
  • Smith v. Brockton (Municipality) (2001), 106 A.C.W.S. (3d) 55
  • Amcan Consolidated Technologies Corp. v. Connell Limited Partnership (2001), 107 A.C.W.S. (3d) 154
  • Richter & Partners Inc. v. Westwood Mall (Mississauga) Ltd. (2001), 33 C.B.R. (4th) 292 (Ont. Sup. Ct.)
  • Lincoln General Insurance Co. v. Insurance Corp. of British Columbia (2001), 27 C.C.L.I. (3d) 127 (Ont. Sup. Ct.)
  • Apotex Inc. v. Hoffmann-La Roche (2000), 195 D.L.R. (4th) 244 (C.A.), 139 O.A.C. 63, 9 C.P.R. (4th) 417
  • Bank of Tokyo v. Toronto District School Board (1999), 126 O.A.C. 101 (C.A.)
  • Aguonie v. Galion Solid Waste Material Inc. (1998), 38 O.R. (3d) 161 (C.A.), 156 D.L.R. (4th) 222, 107 O.A.C. 114, 17 C.P.C. (4th) 219
  • Aguonie v. Galion Solid Waste Material Inc. (1997), 33 O.R. (3d) 615 (Gen. Div)
  • Atlantic Steel v. CIGNA (1997), 33 O.R. (3d) 12 (Gen. Div.)
  • Capital Distributing Co. v. Blakey (1997), 33 O.R. (3d) 58 (Gen. Div.), 147 D.L.R. (4th) 372, 10 C.P.C. (4th) 109
  • Klingbeil v. Worthington Trucking (1997), 36 O.R. (3d) 656 (Gen. Div.), 155 D.L.R. (4th) 469, 18 C.P.C. (4th) 255, 1 C.C.L.I. (3d) 62, 34 M.V.R. (3d) 222
  • Litowitz v. Standard Life (1996), 30 O.R. (3d) 579 (C.A.), 143 D.L.R. (4th) 77, 94 O.A.C. 274, 5 R.P.R. (3d) 161
  • Revenue Properties Co. v. Victoria University (1993), 101 D.L.R. (4th) 172 (Div. Ct.), 62 O.A.C. 351
  • Wayfarer Holidays v. Hoteles Barcelo (1993), 12 O.R. (3d) 208, 18 C.P.C. (3d) 36 (Gen Div.)

Academic Appointment:

  • Adjunct Professor, Trial Practice, Osgoode Hall Law School, York University, Toronto (2000-2003) 
publications and presentations
August 2009
Exclusive Forum Selection in National Class Actions: A Common Issues Approach
Reproduced with permission from The Canadian Class Action Review, Vol. 5, No. 2, (published in August 2009)
July 2008
Generic Causation in Canadian Class Actions
For the Defence (a Defence Research Institute publication), July 2008
2006
Defending Your Product in Canada
(2nd ed.) Published by McMillan LLP
August 2005
Cost Awards in Class Actions
Published in For the Defense, a Defense Research Institute publication


  • competition/antitrust
  • insurance
  • intellectual property and technology law
  • life sciences
  • litigation and dispute resolution
  • product liability

  • American Bar Association
  • Canadian Bar Association
  • Federation of Defence and Corporate Counsel
  • The Advocates' Society
  • Canadian Defence Lawyers Association
  • Lawyers for Civil Justice
Called to the Ontario bar - 1992

Called to the Newfoundland bar - 1989

London School of Economics, LLM, Atlantic Accord Graduate Fellowship - 1990

Queen's University, LLB, Entrance Scholar, Class President - 1988

Memorial University of Newfoundland, B.Comm. (First Class Hons.) - Dean's List - 1985

Associate, McMillan, - 1992

Partner, McMillan, - 1998