Scott Maidment 

Co-Chair, Class Action Defence, Pharmaceuticals, Product Liability
Toronto  t: 416.865.7911  |  e: scott.maidment@mcmillan.ca

Scott Maidment

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7911
e: scott.maidment@mcmillan.ca

overview

Scott Maidment is one of Canada's leading litigation counsel.  He has appeared before trial and appellate courts across the country, and before arbitration tribunals in Canada and the United States. Scott’s strengths as an advocate have been noted in numerous peer review publications. Reviewers have described Scott as a "superb advocate" and a "quite brilliant strategist", and have noted Scott’s "impressive presence in the courtroom", his "calmness under pressure" and his "technical excellence".

Scott enjoys an AV Preeminent rating from Martindale-Hubbell and has been repeatedly listed in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, and the Lexpert/Report on Business - Leading Litigation Lawyers. Scott's international reputation for excellence is also reflected by his inclusion in Chambers Canada, Best Lawyers, Euromoney's Guide to the World's Leading Product Liability Lawyers, The International Who's Who of Business Lawyers, The International Who's Who of Life Sciences Lawyers, and The International Who's Who of Product Liability Lawyers. Scott has been repeatedly named one of the top 30 product liability lawyers in the world by Legal Media Group's, The Best of the Best.

Scott is known especially for his work in class actions and complex cases, particularly for companies in the life sciences industry. His trial and appellate practice has covered a wide range of legal disputes in a number of economic sectors. He has conducted trials, arbitrations, applications and appeals involving issues of contract, competition, product liability, negligence, insurance, defamation, employment, real estate, transportation, constitutional law and human rights.

A skilled trial lawyer, Scott has also served as a trial advocacy instructor for the Advocates' Society, the Attorney General of Canada and the United Nations. He has served as an Adjunct Professor of trial practice at Osgoode Hall Law School, and has been a Team Leader and Instructor at Osgoode Hall's Intensive Trial Advocacy Workshop.  Scott is currently the Secretary of the Advocates' Society and has served as Chair of the Society's Standing Committee on Advocacy and Practice (SCAP) and Chair of the Society’s Education Committee. Scott speaks and writes regularly on topics related to trial advocacy. He is also a co-author of Product Liability: Canadian Law and Practice, the comprehensive work on product liability litigation published by Canada Law Book.

Representative Matters

Selected Superior Court and Appellate Decisions:

  • Player v. Janssen-Ortho Inc (2014), BCSC 1122.
  • Main v. Cadbury Schweppes plc (2011), 300 B.C.A.C. 302 (BCCA).
  • Main v. Cadbury Schweppes plc (2010), 8 B.C.L.R. (5th) 305, 92 C.P.C. (6th) 95 (BCSC).
  • 1092072 Ontario Inc. (c.o.b. Elfe Juvenile Products) v. GCAN Insurance Co. (2009), 74 C.C.L.I. (4th) 10 (Ont CA).
  • Osmun v. Cadbury Adams Canada Inc. (2009), 85 C.P.C. (6th) 148 (Ont SCJ)
  • Sollen v. Pfizer Canada Inc. (2008), 290 D.L.R. (4th) 603; 55 C.P.C. (6th) 340 (Ont SCJ).
  • Lincoln General Insurance Co. v. Insurance Corp. of British Columbia (2008), 64 C.C.L.I. (4th) 16 (Ont CA).
  • Boehringer Ingelheim (Canada) Ltd. v. Canadian Agency for Drugs and Technologies in Health (2008), 243 O.A.C. 200 (Ont Div Ct).
  • Sollen v. Pfizer Canada Inc. (2008), 63 C.P.C. (6th) 1; 305 D.L.R. (4th) 184 (Ont CA).
  • Sollen v. Pfizer (2008), 290 D.L.R. (4th) 603 (Ont. Sup. Ct.)
  • Sanofi-Aventis Canada Inc. v. Apotex Inc. (2007), 60 C.P.R. (4th) 273 (F.C.T.D.)
  • Lincoln General Insurance Co. v. Insurance Corporation of British Columbia (2007), 54 C.C.L.I. (4th) 213 (Ont. Sup. Ct.)
  • Parlette v. Sokkia Inc. (2007), 27 B.L.R. (4th) 32, 46 C.C.L.T. (3d) 161 (Ont. Sup. Ct.)
  • Englund v. Pfizer [2007] 9 W.W.R. 434, 43 C.P.C. (6th) 296, 284 D.L.R. (4th) 94 (Sask. C.A.)
  • Rivard Instruments In. v. Ideal Instruments Inc. (2006), 54 C.P.R. (4th) 420, 302 F.T.R. 301 (F.C.T.D.)
  • Keays v. Honda (2006), 82 O.R. (3d) 161, 274 D.L.R. (4th) 107 (C.A.)
  • Colantino v. Kuhlmann (2006), 80 O.R. (3d) 21 (Ont. Sup. Ct.)
  • Englund v. Pfizer, [2006] 7 W.W.R. 128, 274 Sask.R. 172, 23 C.P.C (6th) 136 (Q.B.)
  • Cardozo v. Becton, Dickinson and Co. (2005), 29 C.P.C. (6th) 112 (B.C.S.C.)
  • Croplife Canada v. Toronto (City) (2005), 75 O.R. (3d) 357, (2005) 254 D.L.R. (4th) 40, (2005) 198 O.A.C. 35, (2005) 14 C.E.L.R. (3d) 207, (2005) 10 M.P.L.R. (4th) 1 (C.A.)
  • Sollen v. Boehringer Ingelheim (Canada) Ltd. (2005), 14 C.P.C. (6th) 344, (2005) 139 A.C.W.S. (3d) 854
  • Parlette v. Sokkia Inc. (2005), 194 O.A.C. 22 (Sup. Ct.)
  • Keays v. Honda Canada Inc. (2005), 40 C.C.E.L. (3d) 258 (Ont. Sup. Ct.)
  • Oakville Hydro v. Tyco Electronics (2004), 71 O.R. (3d) 330 (Sup. Ct.)
  • General Electric Capital Canada Inc. v. Deloitte & Touche LLP (2002), 29 B.L.R. (3d) 308
  • Smith v. Brockton (Municipality) (2001), 106 A.C.W.S. (3d) 55
  • Amcan Consolidated Technologies Corp. v. Connell Limited Partnership (2001), 107 A.C.W.S. (3d) 154
  • Richter & Partners Inc. v. Westwood Mall (Mississauga) Ltd. (2001), 33 C.B.R. (4th) 292 (Ont. Sup. Ct.)
  • Lincoln General Insurance Co. v. Insurance Corp. of British Columbia (2001), 27 C.C.L.I. (3d) 127 (Ont. Sup. Ct.)
  • Apotex Inc. v. Hoffmann-La Roche (2000), 195 D.L.R. (4th) 244 (C.A.), 139 O.A.C. 63, 9 C.P.R. (4th) 417
  • Bank of Tokyo v. Toronto District School Board (1999), 126 O.A.C. 101 (C.A.)
  • Aguonie v. Galion Solid Waste Material Inc. (1998), 38 O.R. (3d) 161 (C.A.), 156 D.L.R. (4th) 222, 107 O.A.C. 114, 17 C.P.C. (4th) 219
  • Aguonie v. Galion Solid Waste Material Inc. (1997), 33 O.R. (3d) 615 (Gen. Div)
  • Atlantic Steel v. CIGNA (1997), 33 O.R. (3d) 12 (Gen. Div.)
  • Capital Distributing Co. v. Blakey (1997), 33 O.R. (3d) 58 (Gen. Div.), 147 D.L.R. (4th) 372, 10 C.P.C. (4th) 109
  • Klingbeil v. Worthington Trucking (1997), 36 O.R. (3d) 656 (Gen. Div.), 155 D.L.R. (4th) 469, 18 C.P.C. (4th) 255, 1 C.C.L.I. (3d) 62, 34 M.V.R. (3d) 222
  • Litowitz v. Standard Life (1996), 30 O.R. (3d) 579 (C.A.), 143 D.L.R. (4th) 77, 94 O.A.C. 274, 5 R.P.R. (3d) 161
  • Revenue Properties Co. v. Victoria University (1993), 101 D.L.R. (4th) 172 (Div. Ct.), 62 O.A.C. 351
  • Wayfarer Holidays v. Hoteles Barcelo (1993), 12 O.R. (3d) 208, 18 C.P.C. (3d) 36 (Gen Div.)

News

McMillan lawyers well-represented in the 2017 Canadian Legal Lexpert Directory
McMillan lawyers recognized in the 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers for 2016
Seven McMillan lawyers appear in Lexpert's Special Edition on Canada's Leading Litigation Lawyers 2016
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
McMillan lawyers recognized in Who's Who Legal: Canada 2016
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
Who's Who Legal: Product Liability Defence 2016 recognizes four McMillan Lawyers
Neil Campbell and McMillan's Competition Group honoured at the 2016 Global Competition Review Awards
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers
McMillan lawyers are well represented in inaugural edition of Chambers Canada
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
McMillan lawyers named amongst Canada's Leading Litigation Lawyers by Lexpert
The Legal 500 Canada 2015 recognizes 16 McMillan lawyers
Who's Who Legal: Canada 2014 recognizes 17 McMillan lawyers
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
McMillan Lawyers Win Summary Dismissal of Pharmaceutical Product Liability Class Action
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
Nine McMillan lawyers listed in the 2014 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Who's Who Legal: Canada 2013 recognizes 21 McMillan lawyers
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
Ten McMillan lawyers listed in the 2013 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Five McMillan lawyers recognized in Lexpert's Special Edition Report on Business: Canada's Leading Litigation Lawyers
47 McMillan lawyers recognized in the 2013 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners
Eight McMillan lawyers featured in the 2012 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada
Who's Who Legal: Canada 2011 recognizes 25 McMillan lawyers
50 McMillan Lawyers recognized in the 2012 Best Lawyers in Canada

Education

  • London School of Economics, LLM, Atlantic Accord Graduate Fellowship - 1990
  • Queen's University, LLB, Queen's University Scholarship, Class President - 1988
  • Memorial University of Newfoundland, B.Comm. (First Class Hons.) - Dean's Award - 1985
  • Associate, McMillan - 1992
  • Partner, McMillan - 1998

Year Of Call

  • Called to the Ontario bar - 1992
  • Called to the Newfoundland bar - 1989

Practices

class actions
product liability
appellate advocacy
arbitration
business litigation
litigation
insurance

Industries

pharmaceuticals
life sciences

Directorships and Professional Associations

  • Benchmark Canada
  • The Advocates' Society
  • American Bar Association
  • Canadian Bar Association
  • Federation of Defence and Corporate Counsel
  • International Association of Defence Counsel
  • Canadian Defence Lawyers Association
  • Lawyers for Civil Justice

Teaching Engagements

  • Adjunct Professor, Trial Practice, Osgoode Hall Law School, York University, Toronto (2000-2003) 
vcard

Scott Maidment is one of Canada's leading litigation counsel.  He has appeared before trial and appellate courts across the country, and before arbitration tribunals in Canada and the United States. Scott’s strengths as an advocate have been noted in numerous peer review publications. Reviewers have described Scott as a "superb advocate" and a "quite brilliant strategist", and have noted Scott’s "impressive presence in the courtroom", his "calmness under pressure" and his "technical excellence".

Scott enjoys an AV Preeminent rating from Martindale-Hubbell and has been repeatedly listed in the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, the Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, and the Lexpert/Report on Business - Leading Litigation Lawyers. Scott's international reputation for excellence is also reflected by his inclusion in Chambers Canada, Best Lawyers, Euromoney's Guide to the World's Leading Product Liability Lawyers, The International Who's Who of Business Lawyers, The International Who's Who of Life Sciences Lawyers, and The International Who's Who of Product Liability Lawyers. Scott has been repeatedly named one of the top 30 product liability lawyers in the world by Legal Media Group's, The Best of the Best.

Scott is known especially for his work in class actions and complex cases, particularly for companies in the life sciences industry. His trial and appellate practice has covered a wide range of legal disputes in a number of economic sectors. He has conducted trials, arbitrations, applications and appeals involving issues of contract, competition, product liability, negligence, insurance, defamation, employment, real estate, transportation, constitutional law and human rights.

A skilled trial lawyer, Scott has also served as a trial advocacy instructor for the Advocates' Society, the Attorney General of Canada and the United Nations. He has served as an Adjunct Professor of trial practice at Osgoode Hall Law School, and has been a Team Leader and Instructor at Osgoode Hall's Intensive Trial Advocacy Workshop.  Scott is currently the Secretary of the Advocates' Society and has served as Chair of the Society's Standing Committee on Advocacy and Practice (SCAP) and Chair of the Society’s Education Committee. Scott speaks and writes regularly on topics related to trial advocacy. He is also a co-author of Product Liability: Canadian Law and Practice, the comprehensive work on product liability litigation published by Canada Law Book.

Selected Superior Court and Appellate Decisions:

  • Player v. Janssen-Ortho Inc (2014), BCSC 1122.
  • Main v. Cadbury Schweppes plc (2011), 300 B.C.A.C. 302 (BCCA).
  • Main v. Cadbury Schweppes plc (2010), 8 B.C.L.R. (5th) 305, 92 C.P.C. (6th) 95 (BCSC).
  • 1092072 Ontario Inc. (c.o.b. Elfe Juvenile Products) v. GCAN Insurance Co. (2009), 74 C.C.L.I. (4th) 10 (Ont CA).
  • Osmun v. Cadbury Adams Canada Inc. (2009), 85 C.P.C. (6th) 148 (Ont SCJ)
  • Sollen v. Pfizer Canada Inc. (2008), 290 D.L.R. (4th) 603; 55 C.P.C. (6th) 340 (Ont SCJ).
  • Lincoln General Insurance Co. v. Insurance Corp. of British Columbia (2008), 64 C.C.L.I. (4th) 16 (Ont CA).
  • Boehringer Ingelheim (Canada) Ltd. v. Canadian Agency for Drugs and Technologies in Health (2008), 243 O.A.C. 200 (Ont Div Ct).
  • Sollen v. Pfizer Canada Inc. (2008), 63 C.P.C. (6th) 1; 305 D.L.R. (4th) 184 (Ont CA).
  • Sollen v. Pfizer (2008), 290 D.L.R. (4th) 603 (Ont. Sup. Ct.)
  • Sanofi-Aventis Canada Inc. v. Apotex Inc. (2007), 60 C.P.R. (4th) 273 (F.C.T.D.)
  • Lincoln General Insurance Co. v. Insurance Corporation of British Columbia (2007), 54 C.C.L.I. (4th) 213 (Ont. Sup. Ct.)
  • Parlette v. Sokkia Inc. (2007), 27 B.L.R. (4th) 32, 46 C.C.L.T. (3d) 161 (Ont. Sup. Ct.)
  • Englund v. Pfizer [2007] 9 W.W.R. 434, 43 C.P.C. (6th) 296, 284 D.L.R. (4th) 94 (Sask. C.A.)
  • Rivard Instruments In. v. Ideal Instruments Inc. (2006), 54 C.P.R. (4th) 420, 302 F.T.R. 301 (F.C.T.D.)
  • Keays v. Honda (2006), 82 O.R. (3d) 161, 274 D.L.R. (4th) 107 (C.A.)
  • Colantino v. Kuhlmann (2006), 80 O.R. (3d) 21 (Ont. Sup. Ct.)
  • Englund v. Pfizer, [2006] 7 W.W.R. 128, 274 Sask.R. 172, 23 C.P.C (6th) 136 (Q.B.)
  • Cardozo v. Becton, Dickinson and Co. (2005), 29 C.P.C. (6th) 112 (B.C.S.C.)
  • Croplife Canada v. Toronto (City) (2005), 75 O.R. (3d) 357, (2005) 254 D.L.R. (4th) 40, (2005) 198 O.A.C. 35, (2005) 14 C.E.L.R. (3d) 207, (2005) 10 M.P.L.R. (4th) 1 (C.A.)
  • Sollen v. Boehringer Ingelheim (Canada) Ltd. (2005), 14 C.P.C. (6th) 344, (2005) 139 A.C.W.S. (3d) 854
  • Parlette v. Sokkia Inc. (2005), 194 O.A.C. 22 (Sup. Ct.)
  • Keays v. Honda Canada Inc. (2005), 40 C.C.E.L. (3d) 258 (Ont. Sup. Ct.)
  • Oakville Hydro v. Tyco Electronics (2004), 71 O.R. (3d) 330 (Sup. Ct.)
  • General Electric Capital Canada Inc. v. Deloitte & Touche LLP (2002), 29 B.L.R. (3d) 308
  • Smith v. Brockton (Municipality) (2001), 106 A.C.W.S. (3d) 55
  • Amcan Consolidated Technologies Corp. v. Connell Limited Partnership (2001), 107 A.C.W.S. (3d) 154
  • Richter & Partners Inc. v. Westwood Mall (Mississauga) Ltd. (2001), 33 C.B.R. (4th) 292 (Ont. Sup. Ct.)
  • Lincoln General Insurance Co. v. Insurance Corp. of British Columbia (2001), 27 C.C.L.I. (3d) 127 (Ont. Sup. Ct.)
  • Apotex Inc. v. Hoffmann-La Roche (2000), 195 D.L.R. (4th) 244 (C.A.), 139 O.A.C. 63, 9 C.P.R. (4th) 417
  • Bank of Tokyo v. Toronto District School Board (1999), 126 O.A.C. 101 (C.A.)
  • Aguonie v. Galion Solid Waste Material Inc. (1998), 38 O.R. (3d) 161 (C.A.), 156 D.L.R. (4th) 222, 107 O.A.C. 114, 17 C.P.C. (4th) 219
  • Aguonie v. Galion Solid Waste Material Inc. (1997), 33 O.R. (3d) 615 (Gen. Div)
  • Atlantic Steel v. CIGNA (1997), 33 O.R. (3d) 12 (Gen. Div.)
  • Capital Distributing Co. v. Blakey (1997), 33 O.R. (3d) 58 (Gen. Div.), 147 D.L.R. (4th) 372, 10 C.P.C. (4th) 109
  • Klingbeil v. Worthington Trucking (1997), 36 O.R. (3d) 656 (Gen. Div.), 155 D.L.R. (4th) 469, 18 C.P.C. (4th) 255, 1 C.C.L.I. (3d) 62, 34 M.V.R. (3d) 222
  • Litowitz v. Standard Life (1996), 30 O.R. (3d) 579 (C.A.), 143 D.L.R. (4th) 77, 94 O.A.C. 274, 5 R.P.R. (3d) 161
  • Revenue Properties Co. v. Victoria University (1993), 101 D.L.R. (4th) 172 (Div. Ct.), 62 O.A.C. 351
  • Wayfarer Holidays v. Hoteles Barcelo (1993), 12 O.R. (3d) 208, 18 C.P.C. (3d) 36 (Gen Div.)