Deborah E. Palter

Bio

Deborah is recognized as a leading advocate with a broad commercial litigation practice. She regularly acts for individuals, corporations and financial institutions providing creative advice and strategies for litigating and resolving complicated business disputes. Her significant mandates include cases involving complex commercial agreements, director and officer liability, banking litigation, commercial real estate disputes, fraud claims, shareholder and partnership disputes and securities-related matters. She regularly appears as counsel in the Ontario Superior Court of Justice (Commercial List) and in the negotiation, mediation and private arbitration of commercial disputes.

Deborah is past President of The Advocates’ Society, the foremost association of litigation counsel in Canada dedicated to the promotion of excellence in advocacy, access to justice and a strong, independent and courageous bar. She is recognized as one of Canada’s leading lawyers by The Canadian Legal Lexpert Directory (Litigation – Corporate Commercial), Best Lawyers in Canada (Corporate Commercial Litigation) and Benchmark Canada. She is called to the Bar of Ontario (1996) and the Bar of New York (1997).

Representative Mandates

Counsel to Oxford Properties on cases involving the interpretation and enforcement of commercial real estate contracts.
Defended a large international bank in a dispute over amounts owed under the terms of a carried interest plan and related private equity fund.
Defended the former principal of Lakeport Brewing Corp. in the defence of a $50 million officer and director liability claim.
Defended an Ontario College sued by employees of the College’s student union for claims involving negligence and negligent misrepresentation. Obtained an order dismissing the action against the College on a summary judgment basis.
Acted for a U.S. subsidiary claiming indemnification for pre-arrangement taxes arising out of a Plan of Arrangement under the Canada Business Corporations Act with a $400 million transaction value. Defended the responding Application seeking rectification of the tax indemnity agreement executed in connection with the Plan of Arrangement.
Court-appointed litigation counsel to the Litigation Trustee of Cash Store Financial Services Inc.
Defended the owner in an action for specific performance of an agreement for the sale of land in Georgian Bay.
Represented the Ontario Municipal Employees’ Retirement System before a major municipal judicial inquiry.
Litigation counsel to the receiver, RSM Richter Inc., in the Norshield hedge fund scandal.
Acted on behalf of a committee of contesting bondholders in the BCE privatization, which involved the world’s largest leveraged buy-out with an enterprise value of $52 billion.
Counsel on a variety of matters involving interim injunctive relief.
Counsel on multi-party mediations and arbitrations pertaining to contractual interpretation disputes.

Representative Mandates

Court of Appeal confirms that COVID-19 Does Not Excuse a Failure to Pay Rent

The Ontario Court of Appeal (“Court”) recently clarified the scope of what terms are appropriate when granting relief from forfeiture p...

COVID-19 Does Not Excuse a Failure to Pay Rent

Courts will not rewrite leases by granting tenants rent abatements, despite the impact of the COVID-19 pandemic. That was the bottom line conclusio...

Western University: Characterization of unpaid tuition under the BIA

This case set a precedent in its findings that (i) unpaid tuition constituted a debt in the nature of a student loan under the Bankruptcy and Insol...

Cash Store: Court-appointed litigation counsel to the Litigation Trustee of Cash Store Financial Services Inc.

Court-appointed litigation counsel to the Litigation Trustee of Cash Store Financial Services Inc.

Lakeport Brewing: A D&O liability claim that resulted in a $1.8 million award

Defended the former principal of Lakeport Brewing Corp. in the defence of a $50 million officer and director liability claim.

Defended ICI Canada at trial in an action for specific performance of an agreement for the sale of land in Georgian Bay

Bell Canada reorganization

Acting on behalf of a committee of contesting bondholders in the BCE reorganization, which involved the world's largest leveraged buy-out with an enterprise value of $52 billion.

Norshield

Litigation counsel to the receiver, RSM Richter Inc., in the Norshield hedge fund scandal involving the tracing and attempted recovery of over $400 million in funds in several jurisdictions. Involved cross-border proceedings in the United States, Barbados and the Commonwealth of The Bahamas.

Professional Involvement

Deborah is past President of The Advocates’ Society and has served as Chair of the Society's Education Committee and Vice-Chair of the Standing Committee on Advocacy and Practice. She chaired The Advocates’ Society Task Force on the precedent setting constitutional case Trinity Western University v. Law Society of Upper Canada and Law Society of British Columbia v. Trinity Western University. Deborah sat on the Commercial List Users’ Committee (2015-2019). She is a sought after speaker, moderator and advocacy skills trainer at continuing legal education programs.

Deborah is a member of the Canadian Bar Association and Ontario Bar Association, Civil Litigation Section.

Recent professional appearances include:

May 11, 2023

Deborah E. Palter is addressing “Hot Topics in Commercial List Advocacy” at The Advocates’ Society’s Commercial List Advocacy program on May 11.

May 12, 2022

Deborah E. Palter is moderating the panel “Justice Abella & Women in the Legal Profession” in celebration of the Hon. R. Silberman Abella’s remarkable career.

Feb 24, 2022

Deborah E. Palter is a panelist and skills trainer at the 2022 Kingston Courthouse Series: Taking the Surprise Out of Trial

Nov 19, 2021

Deborah E. Palter is speaking on the Professionalism Panel at the County of Carleton Law Association Conference.

Nov 02, 2021

Deborah E. Palter is speaking on “The Right to be Heard: The Future of Advocacy in Canada” at the Middlesex Law Association 16th Annual Straight from the Bench Conference.

Oct 29, 2021

Deborah E. Palter is a panelist at The Advocates’ Society Women in Litigation Symposium Ontario.

Oct 28, 2021

Deborah E. Palter is speaking on “The Right to be Heard: The Future of Advocacy in Canada” as part of Access to Justice Week 2021.

Sep 24, 2021

Deborah E. Palter is speaking on “The Right to be Heard: The Future of Advocacy in Canada” at the Kingston and 1000 Islands Legal Conference.

Apr 09, 2021

Deborah E. Palter is co-chairing The Advocates' Society Commercial List Advocacy program on April 9, 2021.

Jun 05, 2019

Deborah E. Palter is moderating the panel “What’s Happening on the Commercial List?” at the Commercial List Users’ Committee Annual Retreat and Reception.

May 15, 2019

Deborah E. Palter is speaking on effective pre-trial hearings and judge-led mediations at The Advocates’ Society program “Commercial List Advocacy.”

Mar 29, 2019

Deborah E. Palter is speaking at The Advocates’ Society program “Leadership Skills for Litigators."

Nov 20, 2018

Deborah E. Palter is speaking on “Litigation Funding: A Tool for Risk Mitigation and Revenue Generation” on November 20, 2018

May 08, 2018

Deborah E. Palter is co-chairing The Advocates’ Society program “Negotiation Strategies for Litigators.”

Dec 15, 2017

Deborah E. Palter is conducting a live mock opening statement at The Advocates’ Society Program “Leading your Case.”

Nov 01, 2017

Deborah E. Palter is co-chairing The Advocates’ Society 2017 Fall Convention in Nashville, Tennessee (November 1 – 5, 2017).

Oct 27, 2017

Deborah E. Palter is acting as a mentor at the Advocates' Society 7th Biennial Women in Litigation Symposium.

Feb 28, 2017

Deborah E. Palter is chairing the Law Society of Upper Canada Program “Getting the Most Out of the Rules of Civil Procedure.”

Feb 23, 2017

Deborah E. Palter is a speaker on a panel at the 2017 Toronto Courthouse Series on the topic “Previewing Your Story in Your Opening Statement.”

Feb 07, 2017

Deborah E. Palter is a speaker and panelist at The Advocates’ Society Program “Motions Advocacy.”

Jan 20, 2017

Deborah E. Palter co-chairs The Advocates’ Society Program “Cross-examination: Strategies for Success”.

Nov 12, 2016

Deborah E Palter is speaking at The Advocates' Society Fall Convention regarding "Update on The Advocates' Society Policy Initiatives & Interventions"

Sep 30, 2016

Deborah E. Palter is co-chairing The Advocates' Society Program "Breakfast Near Tiffany's VI - Public Interest Litigation and Advocacy."

Jun 20, 2016

Deborah E. Palter is acting as co-chair and moderator at The Advocates' Society Program: "Insolvency Litigation."

May 27, 2016

Deborah E. Palter is speaking at The Advocates' Society Program "Summary Judgment Motions."

Oct 23, 2015

Deborah E. Palter is acting as co-chair and moderator at The Advocates' Society 6th Biennial Women in Litigation Symposium: The Powerful Advocate.

Oct 22, 2015

Deborah E. Palter is a speaker and panelist in the LSUC Program "At Issue for Civil Litigators - What is Trending Now."

May 22, 2015

Deborah E. Palter is co-chairing The Advocates' Society Program "Breakfast Near Tiffany's V - The Client."

Apr 30, 2015

Deborah E. Palter is speaking about "Practice Management at Trial: What You Need to Know" at The Advocates' Society Program "Practice Management Essentials: Managing Your Way to Trial Success."

Apr 08, 2015

Deborah E. Palter is speaking at The Advocates' Society Courthouse Series: "Challenging Credibility."

Apr 08, 2015

Deborah E. Palter is co-chairing The Advocates' Society Civil Litigation Skills Certificate Program: "Trial from A to Z."

Oct 02, 2014

Deborah E. Palter is acting as moderator at The Advocates' Society Program: "Breakfast Near Tiffany's - Confidence in the Courtroom."

Sep 11, 2014

Deborah E. Palter is acting as a facilitator at the Toronto Lawyers Association Program "Drafting Winning Motions."

Jun 05, 2014

Deborah E. Palter is a mentor at the Young Women in Law "Speed Mentoring" Event.

Apr 29, 2014

Deborah E. Palter is speaking on "Practical Tips for Preparing Witnesses." The Advocates' Society Program "Trial from A to Z."

Apr 04, 2014

Deborah E. Palter is speaking on “Recovery Techniques for Failed Investments – Working with the OSC to Minimize Investor Losses”

Sep 05, 2012

Deborah E. Palter is a panelist and speaker on “Norwich Orders” – LSUC Program “Mastering the Art of Complex Civil Motions.”

Recognition

Deborah is most recently recognized as a leading lawyer in:

Top 100 Women Litigators in Canada 2022 – Benchmark Canada
The Best Lawyers in Canada 2023 and prior years (Corporate and Commercial Litigation)
The Canadian Legal Lexpert Directory 2023 and prior years (Litigation – Corporate Commercial)
Lexpert Special Edition on Litigation – Leading Litigators in Canada (2021 and 2020)
Globe and Mail’s Lexpert/Report on Business Magazine Special Edition – Leading Litigation Lawyers in Canada (December 2019)
Lexpert 2016 Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (Corporate Commercial)
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys 2022 and prior years (Litigation Star in Ontario)
Who's Who Legal: Commercial Litigation 2022 - leading practitioners in the field