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Don Jack

Partner Admitted to the Ontario Bar: 1974
Certified by the Law Society of Upper Canada as a Specialist in Civil Litigation, 1990

In a career spanning more than three decades, Don has argued cases at every court level, including the Supreme Court of Canada. For him, success hinges almost entirely on preparation. Don works hard to understand all of the facts and how they relate to the legal context. Don is an effective communicator, priding himself on his ability to present thorough and persuasive arguments in court. 

As a member of the firm's Litigation and Dispute Resolution Group, Don’s litigation practice includes the areas of commercial, administrative, private, international, family and constitutional law. He has acted as lead counsel in several precedent-setting cases. He is also active in ADR, including arbitration and mediation.

Don has received numerous accolades, including Lexpert’s 100 Most Creative Lawyers in Canada and The Canadian Legal Lexpert Directory Ontario's repeatedly recommended corporate litigation counsel. 

 

Awards & Recognition

  • Noted as a leading expert in Litigation & Alternative Dispute Resolution: Corporate Advisor Handbook 2013
  • Recognized in The Best Lawyers in Canada in the fields of Alternative Dispute Resolution, Corporate and Commercial Litigation and Director and Officer Liability Practice
  • Recognized in Lexpert as one of the 100 Most Creative Lawyers In Canada, 2006
  • Recognized in The Canadian Legal Lexpert Directory as one of Ontario's repeatedly recommended corporate litigation counsel
  • Appointed as counsel to the Complaints Review Commissioners of the Law Society of Upper Canada, 1999
  • Appointed to the Ontario Civil Rules Committee, 1997-2008
  • Appointed by the Law Society Of Upper Canada as member of the Civil Litigation Specialty Committee of the Law Society's Specialist Certification Program, 1994

Professional Involvement

Professional Activities

  • Board of Directors, Canadian Chapter of Transparency International

Memberships

  • ADR Institute of Ontario
  • American Bar Association
  • Canadian Bar Insurance Association
  • Cross-Border Litigation Forum, Steering Committee
  • Law Society of British Columbia
  • The Advocates' Society 
  • Toronto Lawyers Association
  • Transparency International - Canada

Teaching Engagements

  • Instructing Participant, Osgoode Hall Law School, 2001
  • Joint Instructor, Osgoode Hall Law School, 1999
  • Instructor, Intensive Trial Advocacy Seminar, Osgoode Hall Law School, 1983-1993
  • Instructor, Bar Admission Course, Law Society Of Upper Canada, 1977-1981

Representative Matters

Represented Atomic Energy of Canada Limited ("AECL") as a senior member of their legal team in Nordion v. Atomic Energy of Canada Limited. Obtained the dismissal of Nordion's $1.2 billion arbitration claim, one of the largest commercial claims in Canadian history.

Acted for Korean Air Lines in Airia et al v. Korean Air Lines et al, where he resisted a class action claim in respect of alleged price fixing in air cargo. Don brought the proceedings to the point where they could be settled on terms acceptable to Korean Air Lines.

Counsel to Robert Astley, a senior Bank of Montreal director and the Chairman of the Canada Pension Plan Investment Board, in Astley v. Verdun. Don obtained for Mr. Astley one of the largest defamation damage awards in Canadian legal history, as well as an injunctive order, preventing further defamatory statements by Mr. Verdun.

Acted for the Alberta Investment Management Corporation, a large Canadian pension plan, at the Mississauga Judicial Inquiry into land dealings by the son of Mayor Hazel McCallion.

Lead counsel for William Molson and other plaintiffs in a claim against UBS by former shareholders of Bunting Securities. Successfully resolved prior to trial.

Represented Hollinger International Chief Financial Officer John ("Jack") Boultbee, which involved complex civil and criminal proceedings in both Canada and the United States.

Selected Speaking Engagements

December, 2015 - Transparency International Canada International Anti-Corruption Day: Canada’s Anti-Money Laundering Controls – Are They Enough? - “Just for Show? Reviewing G20 Promises on Beneficial Ownership” - Presenter.

May, 2015 - Transparency International Canada Inc. 5th Annual Day of Dialogue:  Spotlight on Corruption - “Are Municipal Governments at Greater Risk for Corruption?” - Moderator.

January 2012 - University of Toronto Law School Conference on Municipal Law, Politics and Planning - Presenter.

March 2010 - Cross-Border Litigation Forum - "Is Too Big To Fail Too Big To Nail" - Presenter.

October 2009 - Managing the Liability Risk of In-House Counsel Course - "Liability Facing In-House Counsel as Company Directors" - Presenter.

April 2009 - Securities Litigation and Enforcement Forum - "Managing Cross Border Securities Litigation: Understanding the Impact of U.S. Securities Law on Canadian Issuers, Intermediaries and Their Advisors" - Presenter.

March 2009 - The Cross-Border Litigation Forum presented by Cambridge Forums - "Securities Litigation Issues: The Spectre of Criminal Proceedings" - Presenter.

December 2008 - Toronto Lawyers Association Seminar - "The Intricacies of Enforcement of Foreign Judgments in Ontario" - Presenter.

February 2008 - Northwind Professional Institute, Competition Law and Policy Forum - " Vertical Restrictions and Private Actions in North America: A Tale of Two Jurisdictions" - Presenter.

January 2008 - Federated Press Conference - "Protecting Against Self-Incrimination in Cross- Border Proceedings" - Presenter.

March 2007 - CILS Competition Law Conference - " Criminal Complications in Cross-Border Cartel Investigations: Implications of Different Legal Regimes" - Presenter.

May 2006 - Advocates' Society, Civil Litigation Skills Certificate Programs - "A Trail from A to Z Using Consultant/Expert to Build your Case" - Presenter.

March 2006 - 8th Annual Central East Advocacy Conference - "Preparation for Success" - Presenter.

2006 - 2010 - The University of Toronto Law School - "Appellate Advocacy" - Presenter (with the Honourable Mr. Justice John I. Laskin).

June 2003 - Conference of the Centre for International Legal Studies - "Corporate Governance" - Presenter.

October 2001 - Law Society of Upper Canada, Conducting the Commercial Arbitration Conference - "Update to Paper of March 31, 1998 on Structuring and Conducting the Commercial Arbitration" - Presenter.

October 2001 - The Canadian Institute Securities Conference - "Reliance- Based Claims in the Secondary Securities Market in Canada" - Presenter.

April 1999 - The Conference Board of Canada Greed in the Marketplace - "How the Mighty Have Fallen: How Bad Decisions and Greed Can Lead Quickly to Corporate Catastrophe" - Presenter.

January 1999 - CBAO Conference - "What to seek on Summary Judgment Motions and When to Abandon Them" - Presenter.

March 1998 - Law Society of Upper Canada Continuing Education Seminar - "Structuring and Conducting the Commercial Arbitration"- Presenter.

February 1997 - County of Carleton Law Association Continuing Legal Education Seminar - "Suing the Provincial Crown" - Presenter.

November 1993 - Law Society of Upper Canada Continuing Legal Education Seminar - "Suing the Provincial Crown"- Presenter.

January 1992 - CBAO Conference - "Provincial Governments as Parties" - Presenter.

April 1990 - Insight Seminars - "Breach of Fiduciary Duty, Injunctions with Respect to Departing Employee" - Presenter.

Selected Publications

"In-House Counsel's Concerns in Class Proceedings", Corporate Liability Journal, Vol. 17, No. 1, 2012.

"Preserving the Rights Against Self- Incrimination in Cross-Border Competition Investigations", International Litigation News, 2010.

"Liability Issues Facing Lawyers as Company Director", Corporate Liability Journal, Vol. 14, No. 3, 2009.

"The Implied/Deemed Undertaking and Documentary Production in Court Applications", Corporate Liability Journal, Vol. 13, No. 4, 2008.

"Potential Class Actions Regarding Mortgage-related Securities", Corporate Liability Journal, Vol. 13, No. 4, 2008.

"Doubting the Right Against Self-Incrimination in Transnational Business Cases", Corporate Liability, Vol. 12, No. 1, 2006.

"Costs Grid to be Abolished and Replaced with a New Regime", Corporate Litigation, Vol. 7 No. 3, 2005.

"The Hollinger Proceedings: Fundamental Corporate Law Questions Have Been Raised by the February 26, 2004 Decision of the Delaware Court of Chancery - Should a Subsidiary Corporation's Board be able to Control that of its Parent?", Corporate Litigation Journal, Vol. 6, No. 4, 2004.

"Anti-Money Laundering Legislation", Corporate Liability Journal, Vol. 9, No. 2, 2004.

"Income Trusts", Corporate Liability Journal, Vol. 9, No. 1, 2004.

"Class Claims in Securities Litigation: Practical Alternatives to Asserting Misrepresentation", Corporate Liability Journal, Vol. 6, No. 1, 2003.

"Bribery and the Law", Financial Post, May 1999.

"Recollections of Walter B. Williston, Q.C.", The Advocates' Society Journal, 1998.

"Developments in Civil Litigation - Enforcement of foreign judgments - Arbitration/Mediation - International child removal: the Hague Convention - Class proceedings Shareholders' rights", International Financial Law Review, September 1997.

"The Problem with Wrongful Dismissal Law", Canadian Labour and Employment Law Journal, Vol.5, No. 2, 1996.

"Striking a Balance Between Freedom of Expression and the Discretion of the Court to Seal Court Files", Advocates' Quarterly, Vol.14, No. 2, September 1992.

Education

  • LLM, Osgoode Hall Law School, 1977
  • LLB, Oxford University, 1971 
  • BA, Jurisprudence, Oxford University, 1970
  • BA (Hons), Political Science and Economics, University of Toronto, 1968