advocacy and litigation
what others say about us
"The team at McMillan LLP boasts one of the most well-respected private litigation practices in the country."– Global Competition Review GCR 100, 2010
"McMillan's Toronto team is noted for its strong and skilful handling of group dynamics, and for the lawyers' response times and general availability…. Sources Say: ‘They score top marks for their knowledge of the law and case precedents.'" – Chambers Global, 2011
leading practitioners
McMillan's Advocacy and Litigation Group has achieved international recognition for the skill and expertise of its lawyers. The depth of our team and our multi-jurisdictional reach means that we are able to successfully represent national and international clients facing virtually any type of business dispute or issue in any forum across Canada. We offer exemplary and efficient client service combined with sophisticated, intelligent and pragmatic advice.
Our accomplished team includes litigation, arbitration and dispute resolution specialists who are at the top of their fields. Our expertise has been recognized in Leading 500 Lawyers in Canada, Chambers Global, Lexpert, Best Lawyers in Canada, Who's Who Legal, Martindale-Hubbell, The World's Leading Product Liability Lawyers, Expert Guide to the World's Leading Competition and Antitrust Lawyers, the Practical Law Company's Life Sciences Handbook, The International Who's Who of Life Sciences Lawyers, The International Who's Who of Business Lawyers, The International Who's Who of Commercial Arbitration, Legal Media Group's The Best of the Best, 2010, Global Arbitration Review and Global Competition Review. We have particular expertise in cross-border matters, with several of our lawyers selected for inclusion in the 2010 Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada.
Our lawyers are poised to pursue tenaciously your interests before all levels of court, regulators, commissions, administrative tribunals and arbitral panels. We are also flexible enough to recognize that the best path to a solution may be alternative dispute resolution such as a business solution, mediation or a creative settlement.
breadth and depth of experience
McMillan has a dynamic litigation and dispute resolution practice, with leading litigators and specialists working in all of the major Canadian markets. Our group includes lawyers with training in common law and civil law systems and fluency in multiple languages, including both of Canada's official languages. We have extensive experience in domestic, cross-border, and international litigation, arbitration and mediation.
McMillan's strength and depth in dispute resolution has been recognized by the world's leading businesses, who regularly retain us to assert and protect their rights and to defend their products and brands. We are also regularly chosen to represent and advise governments, agencies, tribunals, international panels and organizations.
McMillan lawyers have been involved in some of the most significant Canadian cases of this decade. In recent years, our lawyers acted for a group of institutional bondholders in challenging the $52 billion leveraged buyout of BCE. We were successful in having class action proceedings dismissed against Shell and GlaxoSmithKline and acted for a syndicate of banks in a $US1.2 billion claim against a major Canadian corporation in a breach of contract case. Our lawyers regularly appear in court in connection with major insolvency and restructuring proceedings. Examples include the Air Canada, Stelco, Canwest and Trident Explorations proceedings. Our lawyers have also been defence counsel in some of the largest Canadian criminal cartel prosecutions (for example, Vitamins and Graphite Electrodes) and in most of the major Canadian civil cartel class action cases (for example, Air Cargo, Hydrogen Peroxide, Vitamins, DRAM, Linerboard, Chocolate, Copper and Travel Agents). We have defended numerous class proceedings including product liability (for example, automotive, pharmaceuticals, medical devices, consumer products), securities and consumer protection class actions. We have been counsel in a number of recent significant international arbitration matters, including the US$100 million ICC arbitration between an international mining company and an African state agency relating to a joint venture agreement, as well as a proposed multi-billion dollar investment treaty dispute under the ICSID (Additional Facility) Rules involving a Canadian mining company and a Latin American state.
In addition to providing top tier legal representation in litigation and arbitration, our lawyers advise clients on regulatory issues and assist clients in risk identification, assessment, mitigation and management. Our practitioners regularly assist leading industry participants with both routine matters and specialized concerns. As a national, full-service law firm, our litigation team can also cost-effectively draw on a depth and breadth of expertise across virtually all practice areas. With extensive private sector, governmental and regulatory experience we are able to provide broad and valuable assistance to our clients.
specialized expertise
Effective advocacy often requires industry knowledge and/or specialized procedural expertise. Our lawyers have developed this expertise through years of working closely with leading companies, agencies, governments, and organizations. Our lawyers have significant experience providing advocacy and advice on disputes of all varieties, across a broad range of industries and sectors, and in virtually every forum. Our extensive experience, combined with our responsible business practices and practical approach to the resolution of legal issues, ensures that we are able to offer cost-effective legal services and make a valuable contribution to our clients' successes.
Our advocacy specialties include:
knowledge management and use of innovative technology
McMillan has been in the vanguard of implementing systems and technology that capture and foster the sharing of knowledge and experience among firm members. We have worked to become a leader in project management and document management skills and expertise. Our clients benefit from our experienced paralegals, research staff, and leading-edge technology and administrative resources. We have also developed an extensive network of experts that can provide additional support in appropriate cases. These resources, together with our dedication to our firm values, enable us to offer our clients top tier but cost-effective and responsible representation.
cross-border and international dispute management and resolution
Our firm is particularly adept when it comes to cross-border and international co-ordination and project management. We are respected for our skills in handling group dynamics and our success in resolving disputes with international and cross-border implications. We recognize the importance of building successful relationships with internal and external representatives, and we are consistently recognized and respected for our responsiveness, collegiality and ability to work successfully within a team dynamic.
Publications / Presentations
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May 2013
Supreme Court weighs in on age-old question in Daishowa-Marubeni: If a tree falls in the forest and you are not around to replant it, how does it affect your taxes?
tax bulletin
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May 2013
certainty of contract prevails: trial judge erred in enforcing an implied contractual term
litigation bulletin
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May 2013
federal court strikes out union's attempt to challenge temporary foreign workers
employment and labour bulletin
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May 2013
counting down the days to British Columbia's new Limitation Act – June 1, 2013
litigation bulletin
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May 2013
Supreme Court of Canada holds Aboriginal rights cannot be used to justify road blockades
aboriginal bulletin
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May 2013
getting your priorities straight: BC Supreme Court decision interprets section 28 of the Property Law Act strictly
litigation bulletin
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April 2013
a "silver" lining to defending multiple, parallel class actions
class action bulletin
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March 2013
the Quebec Court of Appeal's decision in Lorrain v. Petro-Canada: mere allegations of damages are insufficient to authorize a class action
class action bulletin
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March 2013
"round two" for secondary market liability jurisprudence in BC: the Court of Appeal issues its decision in Round v Macdonald, Dettwiler and Associates Ltd.
litigation bulletin
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February 2013
La réputation de votre entreprise : un actif précieux à protéger
(Available in French only)
bulletin de litige
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January 2013
iron driver: driving home the standard of review
litigation bulletin
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January 2013
contractual dispute resolution – court confirms you can talk freely
litigation bulletin
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December 2012
he who suffers later, suffers less: among ponzi scheme victims, court favours those who invested towards fund's end
insolvency bulletin
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November 2012
dinner and drinks: BC court of appeal confirms nightclub accident not within scope of professional insurance
litigation bulletin
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November 2012
the doctrine of international litispendence and forum non conveniens : Quebec courts do not easily decline jurisdiction
litigation bulletin
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November 2012
how does the US corruption legislation apply to you and your Canadian company?
business law bulletin
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November 2012
clarifying COMI: locating a debtor's centre of main interests
litigation bulletin
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November 2012
Un plan de communication pour faire face aux attaques à la réputation
(Available in French only)
bulletin de litige
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November 2012
practical tips for trial
litigation bulletin
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October 2012
Supreme Court rules privacy interest of minors trumps freedom of the press in cyberbullying case
litigation bulletin
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September 2012
company's financial statements capable of confirming causes of action under the Limitation Act
litigation bulletin
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September 2012
Supreme Court takes public interest standing to the streets
litigation bulletin
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September 2012
lifting the stay – is the "doomed to fail" argument doomed to fail?
restructuring and insolvency bulletin
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September 2012
when "private" isn't private: discovery in the age of Facebook
litigation bulletin
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September 2012
contract for services in Québec: the client is still king when it comes to termination and to the service provider's compensation for loss of profit
litigation bulletin
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July 2012
make me special: government regulators and proximity
litigation bulletin
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June 2012
what's in a name - the Supreme Court of Canada confirms that domain names are personal property
litigation bulletin
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June 2012
"zipping" liability in the bud: zip-line waiver withstands court's scrutiny
litigation bulletin
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June 2012
certification denied in pharmaceutical class action
class actions bulletin
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June 2012
the importance of substance and form in the enforceability of waivers of liability
litigation bulletin
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June 2012
Aboriginal group moves quickly to halt blockade of band office
aboriginal law bulletin
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May 2012
a financial institution must live with its own mistake: a loan with a 0% interest rate is maintained by the Quebec court
litigation bulletin
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May 2012
uncommonly individual "common issue" certified
class action bulletin
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April 2012
restraining the long arm of Ontario courts: Supreme Court of Canada clarifies private international law
litigation bulletin
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March 2012
ring the bells
client alert
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March 2012
not fit for duty! dealing with incapacitated professionals
article written by Lai-King Hum, Senior Associate, McMillan LLP
with assistance of Justin Vessair, Student-at-Law, McMillan LLP
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March 2012
university's accommodation of anxiety disorder
education law bulletin
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March 2012
advance notice by-laws – a tool to prevent a stealth proxy contest or ambush
securities bulletin
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March 2012
the doctrine of marshalling does not apply in the Province of Quebec, but then again…
corporate restructuring bulletin
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February 2012
the "mention of an intention" won't stop the clock for secondary market class actions
class action bulletin
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February 2012
OSC's proposed American style "no-contest settlements" produces flurry of public responses and prompts a public hearing
litigation bulletin
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February 2012
B.C. Supreme Court takes first look at new secondary market liability provisions
litigation bulletin
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February 2012
when there's a choice of procedure, which is "preferable"?
class action bulletin
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January 2012
seclusion intrusion: a common law tort for invasion of privacy
litigation and employment bulletin
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January 2012
securities and corporate governance litigation newsletter - January 2012
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January 2012
Litigating a Cross-Border Dispute in Canada: 10 Things American Lawyers Need to Know Before Getting Started
2012 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada
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January 2012
administrative law – Dunsmuir simplified
litigation bulletin
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December 23, 2011
Supreme Court's unanimous ruling sinks Canadian Securities Act (but leaves much to be salvaged)
securities bulletin
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December 2011
a "fresh" approach to summary judgment: the Ontario Court of Appeal creates new "full appreciation" test
litigation bulletin
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December 2011
no franchise disclosure document required: Ontario Court of Appeal considers the one-year term/no franchise fee exemption
litigation bulletin
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November 2011
businesses behaving badly - expanding contractual duties of good faith
litigation bulletin
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November 2011
Quebec Court of Appeal decision in DRAM: even more class actions ahead in Quebec?
litigation bulletin
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November 2011
costs or no costs? reasonable or correct?
employment and labour bulletin
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November 2011
special relationships may not be so special
litigation bulletin
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November 2011
behind the numbers of the two new Supreme Court of Canada appointees
litigation bulletin
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November 2011
B.C. Court of Appeal rolls back Aboriginal groups' multi-million dollar award for court costs
aboriginal law bulletin
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November 2011
seven steps for navigating the environmental assessment process in British Columbia
environmental bulletin
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October 2011
Freedom of Information? But I'm a Corporation!
privacy bulletin
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October 2011
the weakest link: Supreme Court of Canada rules against defamation by hyperlink
litigation bulletin
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October 2011
Canada Chapter in Getting The Deal Through - Private Litigation 2012
Global Competition Review
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October 2011
international commercial arbitration awards – no deference on questions of jurisdiction
litigation bulletin
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October 2011
Whose Bank Account is it Anyway? A Bank's Right to Close an Account Against the Customer's Will
National Banking Law Review, Lexis Nexis, Volume 30, Number 5
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September 2011
decisions, decisions – faced with non-payment, contractors must pursue the right claim and remedy
construction bulletin
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September 2011
is your labour day picnic a looming company liability?
litigation bulletin
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August 2011
privilege primer: best practices for internal counsel
Advocacy and Litigation Bulletin
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July 2011
security pledgees need not hire Watson
Financial Services Litigation Bulletin
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July 2011
aboriginal claims – another layer of complexity and risk for the construction industry
Construction and Aboriginal Law Bulletin
also published in TerraLex Connections enewsletter
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July 2011
getting blood from a stone – enforcing unpaid corporate judgments against directors
Litigation Bulletin
also published in TerraLex Connections enewsletter
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June 2011
"pay me now, or pay me later" – the risks of poor payment and accounting practices
Construction Litigation Bulletin
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June 2011
whose bank account is it anyway? a bank's right to close an account against the customer's will
Litigation Bulletin
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June 2011
U.S. Supreme Court decides case brought by i4i against Microsoft
Intellectual Property Bulletin
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May 2011
limitations unlimited: foreign judgments are subject to two-year limitations period in Ontario
Litigation Bulletin
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May 2011
libel tourism: internet defamation knows no bounds
Internet and E-Commerce Law in Canada, Volume 12, Number 1
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April 2011
fund one, fund all - class action funding is open for business in Ontario
Class Action Bulletin
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March 2011
when banks' clients behave badly
Financial Services Litigation
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March 2011
Optech v Sharma: a call for a practical approach to summary judgment
Litigation bulletin
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March 2011
private Loans: Disclosure of Mortgage Statements to Third-Party Creditors Violates PIPEDA
Canadian Privacy Law Review
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March 2011
Health Canada renews consultation on Canada Consumer Product Safety Act guidance documents
consumer products bulletin
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March 2011
Silver v IMAX – the action continues
Class Action Bulletin
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March 2011
special case hearings in class action litigation: Taylor v Canada (Attorney General), 2011 ONCA 181.
class action bulletin
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March 2011
risky business: doing business in near-failed and failed states
Client bulletin
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February 2011
libel tourism: internet defamation knows no bounds
Litigation Bulletin
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February 2011
Courts continue to broaden developers obligations under REDMA
Law of the Land... and Lay of the Land™ Bulletin, February 2011 and British Columbia Real Estate Law Developments, March 2011
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February 2011
Dracula versus Peter Pan
Fictitious persons and banks' liability for cheque conversion
Financial Services Litigation Bulletin, also published in the National Banking Law Review, Vol. 30, No. 2
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January 2011
'Open for Business' spells important changes for condo developers and the construction industry
Construction and Commercial Real Estate Bulletin
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November 2010
Proving a Foreign Cause of Action in Ontario: Implications for Discovery and Trial
The Litigator
Co-Authored by Ronald Petersen and Stephen Maddex
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October 2010
Extraterritorial Liability of Mining, Oil and Gas Companies
International Bar Association Annual Conference
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October 2010
The Best Defence is... A Good Defence
National Insolvency Review, Volume 27, Number 5
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June 2010
Law Note - Hunting Defendants in Ontario
InBrief Summer 2010
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