Scott Maidment 

Co-Chair, Class Action Defence, Pharmaceuticals, Product Liability

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, and has appeared before trial and appellate courts across the country. He 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 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 law, negligence, insurance law, defamation, employment law, real estate, constitutional law, human rights, and transportation law.

Scott's strengths as an advocate have been noted in numerous peer review publications. Reviewers have described Scott as a "top-notch advocate" and a "quite brilliant strategist" who "inspires confidence". Reviewers have noted his "impressive presence in the courtroom", his "calmness under pressure" and his "technical excellence". Scott enjoys an AV Preeminent Rating from Martindale-Hubbell.

A skilled trial lawyer, Scott has served as a trial advocacy instructor for the Advocates' Society, the Attorney General of Canada, and the United Nations. Scott has also served as an Adjunct Professor of trial practice at Osgoode Hall Law School, and has been a Team Leader and Instructor at Osgoode's Intensive Trial Advocacy Workshop. He is also a Director of the Advocates' Society and Chair of the Society's Standing Committee on Advocacy and Practice. 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.

Scott's international reputation for excellence is reflected by his inclusion in Best Lawyers, Chambers Canada, Lexpert, 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.

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.)

Publications

Exclusive Forum Selection in National Class Actions: A Common Issues Approach
Generic Causation in Canadian Class Actions
Defending Your Product in Canada
Cost Awards in Class Actions
Defending Product Liability Cases in Canada - A Dozen Key Differences
Ontario Court of Appeal Opens the Door to Enforcement of Non-monetary Judgements
Canadian Tyco Decision Reflects Shift in Summary Judgment Law
So You Thought You Had a 'Global' Settlement in that Class Action?
Beware of Canadian 'Natural Justice'!
Product Liability: Canadian Law and Practice
Enforcing the Insurer's Duty to Defend
Summary Judgment: Where Do We Go From Here?
Defending Your Product In Canada: Some Important Differences
Pre-Trial Discovery In Canada: Some Important Differences
Coroner's Inquest: a Defence Opportunity
Litigating in Canada: An Overview
The Canadian Policyholder Handbook
Sanctions For Spoliation: It's Not a Tort In Canada
Market Conduct: The New Duty of Care
Making Your Evidence Persuasive
Tort Liability of Directors and Officers: A Cross-Border Perspective

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

  • 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, and has appeared before trial and appellate courts across the country. He 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 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 law, negligence, insurance law, defamation, employment law, real estate, constitutional law, human rights, and transportation law.

Scott's strengths as an advocate have been noted in numerous peer review publications. Reviewers have described Scott as a "top-notch advocate" and a "quite brilliant strategist" who "inspires confidence". Reviewers have noted his "impressive presence in the courtroom", his "calmness under pressure" and his "technical excellence". Scott enjoys an AV Preeminent Rating from Martindale-Hubbell.

A skilled trial lawyer, Scott has served as a trial advocacy instructor for the Advocates' Society, the Attorney General of Canada, and the United Nations. Scott has also served as an Adjunct Professor of trial practice at Osgoode Hall Law School, and has been a Team Leader and Instructor at Osgoode's Intensive Trial Advocacy Workshop. He is also a Director of the Advocates' Society and Chair of the Society's Standing Committee on Advocacy and Practice. 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.

Scott's international reputation for excellence is reflected by his inclusion in Best Lawyers, Chambers Canada, Lexpert, 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.
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.)
publications
August 2009
Exclusive Forum Selection in National Class Actions: A Common Issues Approach
Reproduced with permission from The Canadian Class Action Review, Vol. 5, No. 2, (published in August 2009)
July 2008
Generic Causation in Canadian Class Actions
For the Defence (a Defence Research Institute publication), July 2008
2006
Defending Your Product in Canada
(2nd ed.) Published by McMillan LLP
August 2005
Cost Awards in Class Actions
Published in For the Defense, a Defense Research Institute publication
December 2004
Defending Product Liability Cases in Canada - A Dozen Key Differences
For the Defense, December 2004
September 17, 2004
Ontario Court of Appeal Opens the Door to Enforcement of Non-monetary Judgements
Article from Commercial Litigation Committee, published by DRI's The Business Suit
June 10, 2004
Canadian Tyco Decision Reflects Shift in Summary Judgment Law
DRI (Defense Research Institute) - The Business Suit
by Scott Maidment and Jennifer Dent
February 2004
So You Thought You Had a 'Global' Settlement in that Class Action?
Beware of Canadian 'Natural Justice'!
DRI - The Business Suit - News from the Commercial Litigation Committee - The Defense Research Institute
December 2002
Product Liability: Canadian Law and Practice
published by Canada Law Book
December 2002
Enforcing the Insurer's Duty to Defend
published in North American Corporate Lawyer
December 2002
Summary Judgment: Where Do We Go From Here?
Presented to the County of York Law Association
December 2002
Defending Your Product In Canada: Some Important Differences
Presented to the Centre for International Legal Studies, Austria
December 2002
Pre-Trial Discovery In Canada: Some Important Differences
Published in DRI's 'For The Defence'
December 2002
Coroner's Inquest: a Defence Opportunity
Published in DRI's 'For The Defence'
December 2002
Litigating in Canada: An Overview
(co-author) published by McMillan LLP
December 2002
The Canadian Policyholder Handbook
(co-author) published by McMillan Binch
November 2002
Sanctions For Spoliation: It's Not a Tort In Canada
Published in DRI's 'For The Defence'
November 2002
Market Conduct: The New Duty of Care
Presented to the Life Insurance Institute of Canada
November 2002
Making Your Evidence Persuasive
Presented to the Toronto litigation bar
November 2002
Tort Liability of Directors and Officers: A Cross-Border Perspective
published in DRI's 'For the Defence'