Bio
Scott has a broad commercial litigation practice. He has significant trial and appellate experience and has appeared before all levels of court in Ontario and before arbitral and regulatory tribunals.
Scott has significant experience in litigating disputes arising out of insolvencies and restructurings, including related to transfers at undervalue, fraudulent conveyances, contested receiverships and priority disputes.
Scott has also developed an expertise in real property disputes, having litigated numerous claims relating to failed real estate transactions, claims of adverse possession and easements and claims of nuisance and trespass.
Scott’s experience includes litigating shareholder disputes, claims for relief pursuant to the Ontario Business Corporations Act and the Canada Business Corporations Act, professional negligence claims and claims framed in tort and breach of contract.
Scott regularly acts for public and private companies in construction disputes including residential low- and high-rise, commercial, highway, transit system, and other infrastructure projects.
In his mandates on behalf of clients, Scott is known as a strategic and respectful counsel, commended for his passion and proficiency in providing legal advice. Clients appreciate his straight-forward and collaborative work style and his creativity in solving complex litigation matters.
Scott is a recognized industry leader, having been recognized by Best Lawyers of Canada for Corporate and Commercial Litigation, in Benchmark Litigation Canada as a Future Star, and by Lexpert as a Rising Star, a Lawyer to Watch in Construction Law and as a Leading Infrastructure Lawyer.
Scott is committed to community leadership and contributing to the advancement of the legal profession. He is a member of the Mid-Career Advocates’ Standing Committee of The Advocates’ Society and has contributed articles to its publication, Advocacy Matters. Scott is also active in his local community, having served at various times as Chair, Vice-Chair and Secretary of the Board of Directors of a wonderful not-for-profit organization, Durham Family Resources.
Representative mandates
- Joint ventures and public companies in complex construction, engineering and design disputes involving public-private-partnership infrastructure projects across Ontario. Mandates have included transit systems, multi-modal stations, highways and sewage infrastructure.
- Property development companies and constructors. Mandates include disputes over construction of low- and high-rise residential and mixed use projects, property acquisition and cost-sharing issues, and failed agreements of purchase and sale.
- Real property disputes concerning the interpretation and enforcement of registered easements, as well as litigating non-registered property rights such as prescriptive easements and claims of adverse possession.
- Shareholder disputes concerning companies registered in Ontario and federally, including claims pursuant to the oppression remedy and derivative actions.
- Counsel for a publicly-traded cannabis company in the defence of three claims made pursuant to the oppression remedy wherein the plaintiffs seek payment for the fair value of shares.
- Litigating complex commercial fraud claims.
- Bankruptcy and insolvency proceedings, including within receiverships and CCAA proceedings.
- Acting in one of the most highly publicized cases of civil contempt ever brought in the Province of Ontario.
- Private actions pursuant to the federal Competition Act.
- Defending parties in complex class proceedings.