Scott W. McGrath

Bio

Scott is a partner at TGF with trial and appellate experience who has appeared before all levels of court in Ontario and before arbitral and regulatory tribunals.

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.  His work has been recognized by being named a Leading Lawyer to Watch, Construction Law in The Canadian Legal Lexpert Directory 2022, as well as one of Canada’s Leading Infrastructure Lawyers 2022 in the Lexpert Special Edition.

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 is an accomplished commercial litigator.  His experience includes litigating shareholder disputes, claims for relief pursuant to the Ontario Business Corporations Act and the Canada Business Corporations Act, professional negligence claims, bankruptcy and insolvency litigation, employment disputes and claims framed in tort and breach of contract.

Scott’s work led to him being named a Lexpert Rising Star and one of Canada’s Leading Lawyers under 40 in 2022.

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.

• Litigating complex commercial fraud claims.

• Bankruptcy and insolvency proceedings, including within receiverships and CCAA mandates.

• 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.