Joseph C. D'Angelo Partner Toronto Tel : 416.307.4088 Fax : 416.865.7048 Email : joseph.dangelo@mcmillan.ca VCard :

Professional Activities

Joseph D'Angelo has been a respected partner with the firm since 1994, and has been associated with the firm since 1989. Joe has an excellent reputation in commercial litigation and professional conduct cases. His practice is broadly based, but focuses on corporate-related disputes and class actions, and includes claims involving conspiracy, fraud, fiduciary duties, director and officer liability, shareholder rights, oppression remedies, and parent-subsidiary issues.

Joe's practice also encompasses litigation involving defamation, environmental claims, commercial leases, professional negligence, franchise and insurance disputes, licence agreements, accounting issues, and claims against municipal and provincial bodies. Other professionals in the firm frequently consult Joe on matters of ethics and professional conduct, as well as litigation issues.

As a litigator facing a constant variety of cases, Joe has become intuitive and efficient at assessing all aspects of a case. He has insight into potential barriers and communicates effectively to ensure that those seeking his counsel understand the full implications of the process ahead.

Joe is a quick study and is an expert in many different areas of law in a variety of industries. He is an acknowledged leader, and is regarded as a professional who is thorough, dedicated and responsive.

Joe is admired and highly valued for his considerable experience, knowledge, judgment and advice. He is not only committed to the cases at hand, but is also a champion of those who come to him for guidance and representation. He coaches and leads with patience, understanding, and the highest levels of integrity.

Memberships

• Advocates Society
• Toronto Lawyers Association

Teaching Engagements

Joe D'Angelo has been an instructor for The Advocates Society - Various Certificate Skills workshops since 2002. The workshops cover discoveries, motions, cross examinations, evidence, opening and closing statements, and mediation.

Joseph D'Angelo acted as either lead or co-counsel for clients in such court cases as:

• Mounting a legal challenge to the Ontario Health Tax;
• Environmental contamination of property adjoining a gas station;
• Successfully opposing an attempt by dissenting shareholders to obtain class certification;
• Obtaining class certification on behalf of franchisees asserting claims in connection with termination of a licence agreement;
• Setting aside a C$51 million default judgment;
• Accuracy of audited financial statements and methodology of audit;
• Libel and slander involving a prominent citizen and resulting in a substantial damages award;
• Interpretation of provisions in a commercial lease;
• Alleged formation of an asset sale agreement;
• Termination of an alleged partnership;
• Breach of an injunction and related findings of contempt of court;
• Wrongful dismissal of a senior executive;
• Commercial lease termination;
• Claims against directors for unjust enrichment;
• Valuation of shares in an oppression remedy case; and 
• Determination of disputed terms in a pharmaceutical license agreement.

Joe also acted in an advisory capacity with respect to the Hollick case, an attempted class action based on environmental nuisance that went to the Supreme Court of Canada. 

Sample List of Reported Decisions

• Conn v. Goldstone Resources Inc., 2011 ONSC 3176
• Williams v. Canon Canada Inc., 2011 ONSC 6571
• Rainmaker Entertainment Inc. v. Deluxe Vancouver Ltd., 2011 BCSC 1026
• Speers Estate v. Reader's Digest Association (Canada) ULC, 2009 CanLII 28404 (ON SC)
• Bayerische Landesbank Gironzentrale v. Sieber, 2008 CanLII 28753 (ON SC)
• Earth Energy Utility Corp. v. Maxwell 2007 CanLII 37354 (ON S.C.); [2007] O.J. No. 3401.
• Hall v. Atto, [2004] O.J. No. 463 (O.S.C.J.), aff'd [2005] O.J. No. 5138 (Div. Ct.).
• 1413910 Ontario Inc. v. Select Restaurant Plaza Corp., [2004] O.J. No. 4176 (C.A.).
• Canadian Taxpayers Federation v. Ontario (Minister of Finance) (2004) 73 O.R. (3d) 621 (O.S.C.J.). 
• Guelph (City) v. Super Blue Box Recycling Corp. (2004) 2 C.P.C. (6th) 276 (O.S.C.J.).
• News Canada Marketing Inc. v. TD Evergreen, [2000] O.J. No. 3705 (G.D.).
• Schneider v. Equitrac Corp., [2000] O.J. No. 374 (M.C.).
• Kaneff v. Ivanov, [1997] O.J. No. 3526 (O.C.G.D.), aff'd 1998 O.J. No. 5924 (C.A.).
• T-D Bank v. Bank of Montreal, et al., [1995] O.J. No. 176 (O.C.G.D.).
• Bisson v. Brunette Holdings Ltd. (1994) 15 C.E.L.R. (N.S.) 201, 19 C.L.R. (2d) 214 (O.C.G.D.).
• GEAC Canada Ltd. v. Craig Erickson Systems Inc. (1994) 26 C.P.C. (3d) 355, 74 O.A.C. 136 (C.A.).
• Rogers Broadcasting Ltd. v. Alexander, [1994] O.J. No. 1128 (O.C.G.D.).
• GEAC J. & E. System Ltd. v. Craig Erickson Systems Inc. (1992) 46 C.P.R. (3d) 25 (O.C.G.D.).

Joe D'Angelo was the editor of the internally produced and internally distributed Lang Michener LLP Commercial Litigation Brief . He also authored the following articles:

December 2011 Avoid "Courting" Disaster – How Best to Manage Litigation Risk Corporate Counsel Series, McMillan LLP

September 2011 Privilege primer: Best Practices for internal counsel Canadian Corporate Counsel, Vol. 21, No 1

August 2011 privilege primer: best practices for internal counsel Advocacy and Litigation Bulletin

March 2011 Silver v IMAX – the action continues Class Action Bulletin