Henein Hutchison LLP has been repeatedly recognized as one of Canada’s top litigation boutiques. We focus on criminal, regulatory, quasi-criminal litigation, and select civil cases. We act for individual and institutional clients. Our firm is frequently consulted by in-house counsel to provide advice on internal corporate matters and work with other firms on complex and cross-border litigation.
We have experience at all levels of court including dozens of appearances in the Supreme Court of Canada and hundreds of cases in the Court of Appeal for Ontario.
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Henein Hutchison represents individuals and corporations charged with fraud and related offences under the Criminal Code or regulatory statutes. With our varied expertise and experience in both criminal and civil litigation, the firm is ideally suited to advise clients in business crime matters. Our lawyers regularly achieve the best possible result in an effective, discreet, and efficient manner, no matter the complexity of the case. We assist companies and individuals who have been victims of fraud, or who are drawn into the justice system in relation to business crime investigations.
Henein Hutchison defends individuals and entities charged with criminal offences before all levels of court around the province and elsewhere in Canada. Our firm is built on decades of collective experience in criminal litigation, both as defence counsel and Crown prosecutors. Henein Hutchison’s lawyers have been involved in some of the most difficult and well known criminal cases in the country. We approach every case with the same uncompromising dedication to our client’s best interests. We pride ourselves on achieving the best possible result at the earliest stage of the proceedings.
Henein Hutchison is recognized as one of Canada’s pre-eminent appellate litigation firms. We maintain a large and varied appellate practice encompassing criminal, civil, and administrative appeals. Our team comprises experienced appellate lawyers recognized in Best Lawyers in Canada for Appellate Law and Criminal Defence.
Collectively, the members of the firm have litigated hundreds of cases in the Court of Appeal for Ontario and dozens in the Supreme Court of Canada. Our lawyers have successfully argued some of the most significant, precedent-setting cases in the country’s highest Court. We bring both intellectual depth and unparalleled practical know-how to our appellate work, and have earned the trust and respect of the courts at all levels.
Henein Hutchison regularly defends and prosecutes cases before various professional bodies, including the College of Physicians and Surgeons of Ontario, the Ontario College of Pharmacists, the Law Society of Upper Canada, the Justices of the Peace Review Council, the Ontario Judicial Council, the Chartered Professional Accountants of Ontario, the College of Veterinarians of Ontario, and the College of Nurses of Ontario. Many of the cases we have defended have been resolved following the submission of written responses and without the need for a discipline hearing. Many other cases have been successfully defended before the body’s hearing panel, and still others on appeal. Moreover, we have achieved an excellent reputation with these various professional bodies by investigating and prosecuting cases on their behalf, or by acting as presenting counsel before the hearing panel. We have reached remarkable resolutions through our mediation and advocacy skills, both written and oral. We have also been retained in the context of civil litigation as an expert in matters of professional conduct.
Henein Hutchison regularly advises individuals and entities dealing with compliance issues arising from the complex anti-money laundering regime created by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. We provide advice and representation to entities dealing with compliance review or responding to inquiries or notices of administrative monetary penalties issued by FINTRAC. When necessary we act in any ensuing reviews and litigation before the courts.
We conduct internal investigations and provide due diligence services where there have been allegations of breach of the statute or related regulations or guidelines. When necessary, we will present detailed submissions to FINTRAC to address administrative or regulatory proceedings. We have successfully defended substantial proposed penalties (ranging into the seven-digits) and avoided the need for in-court litigation.
Henein Hutchison advises a number of companies operating in a range of regulated industries. We offer compliance advice and representation regarding federal and provincial environmental, wildlife, health and safety, privacy, as well as industry-specific regulatory compliance regimes. We assist our clients in understanding the relevant legal framework, creating compliant policy and avoiding costly penalties or litigation.
In the event of litigation, Henein Hutchison has the trial experience and expertise to defend against the full gamut of regulatory charges. Business and reputational interests are front and centre as we strive to find a quick and cost-effective resolution and, if necessary, mount a tireless and effective defence at trial.
Henein Hutchison advises and represents corporate and individual clients on matters concerning domestic and international anti-corruption issues.
More than ever, law enforcement and prosecutors inside Canada and around the world are scrutinizing companies’ business activities abroad. The CFPOA has been given additional “teeth” and governments have provided authorities with the resources needed to provide a new enforcement vigour.
Henein Hutchison provides expert guidance to businesses operating abroad, reviewing existing practices and designing compliance strategies to avoid an breach and so that the chances of a costly enforcement proceeding are minimized. When an investigation or proceeding is initiated, Henein Hutchison provides knowledgeable and tenacious representation to work toward a favourable outcome. Recent work has included advising an American company on possible liability under the FCPA and CFPOA liability attached to its acquisition of a publicly traded corporation facing investigation under those acts.
Ms. Henein’s experience includes a wide range of regulatory, criminal and quasi-criminal litigation representing individual, corporate and institutional clients both at the trial and appellate level. Ms. Henein has argued at all levels of court, frequently including the Ontario Court of Appeal and the Supreme Court of Canada. Ms. Henein has been counsel on numerous high profile cases.
Ms. Henein received her LL.B. in 1989 from Osgoode Hall Law School and her Masters in Law from Columbia University in 1991. She is certified by the Law Society of Upper Canada as a Specialist in Criminal Law. Ms. Henein is the Past President of The Advocates’ Society (2010-2011). She is a fellow of the American College of Trial Lawyers and served as a member of the Board of Directors of the Law Commission of Ontario. She is one of the founders of the Court of Appeal’s Appellate Duty Counsel Program.
Ms. Henein is a frequent lecturer. She was an Adjunct Professor at Osgoode Hall Law School where she was co-chair of the Masters of Law Program.
She frequently lectures at the Law Society of Upper Canada, the Advocates’ Society, the Ontario Bar Association, the Criminal Lawyers’ Association and the National Judicial Institute in numerous areas including trial advocacy, evidence, appellate advocacy and substantive criminal law. Ms. Henein recently delivered the prestigious Bernard Cohn Memorial Lecture at the University of Windsor Faculty of Law.
Ms. Henein is co-editor of Martin’s Criminal Code, Martin’s Annual Criminal Practice, and Martin’s Related Criminal Statutes. She is the Associate Editor of the Canadian Criminal Cases.
Ms. Henein has been selected by her peers to be included in the 2010 list of Best Lawyers in Canada with the specialty of Criminal Defence. Ms. Henein is the recipient of the 2013 Laura Legge Award and has repeatedly been named one of Canada’s 25 Most Influential Lawyers by Canadian Lawyer Magazine.
Scott Hutchison is a partner at Henein Hutchison LLP. His practice includes complex civil, criminal, regulatory and constitutional litigation, with a particular interest in white collar crime and appellate advocacy. He is a Fellow of the American College of Trial Lawyers, a member of the Supreme Court Advocacy Institute and has been recognized in Best Lawyers in Canada for Appellate Law and Criminal Defence. He was appointed by the Attorney General’s and the Law Foundation of Ontario to the province’s Class Proceedings Committee.
His recent practice has included advising in relation to the defence of complex class actions, advising clients caught up in business crime investigations, and representing individuals and entities in serious criminal cases at all levels of court. He has argued numerous criminal and civil appeals and trials, including hundreds of matters in the Ontario Court of Appeal and more than two dozen cases in the Supreme Court of Canada. He appears regularly before senior professional discipline tribunals, the Ontario Securities Commission and similar tribunals.
Prior to forming Henein Hutchison LLP, Scott was a partner at a top 10 litigation boutique in downtown Toronto, from 2005 to 2012.
From 1989 to 2005, Scott was counsel at the Crown Law Office-Criminal (Ontario) where he represented the Crown at all levels of court, including hundreds of appearances in the Court of Appeal and numerous appeals in the Supreme Court of Canada.
He is the author of a number of frequently cited legal texts, including Search and Seizure Law in Canada (Carswell); Hutchison’s Search Warrant Manual, 2015 (Carswell); Computer Crime in Canada (with Robert Davis); The Law of Traffic Offences (3d ed.) (2011, Carswell) and is a contributing author of McWilliams Canadian Criminal Evidence (4th) (Canada Law Book).
Scott is a member of the faculty of the National Criminal Law Program. He is one of the Co-Chairs of the Osgoode Professional Development Program National Symposium on Search and Seizure Law in Canada. He is a popular speaker on a variety of legal topics. Scott writes and teaches extensively and was a member of the adjunct faculty of Queen’s University Law School where he taught Trial Advocacy and Appellate Advocacy from 2005 to 2013. From 2006 to 2008 he also taught Advanced Evidence at Osgoode Hall Law School. He is a member of the Advocates’ Society, the Criminal Lawyers Association, and the International Society for the Reform of the Criminal Law.
Ms. Robitaille is a partner at Henein Hutchison, where her practice focuses on criminal, regulatory and disciplinary litigation at both the trial and appellate levels. Ms. Robitaille defends both individuals and corporations charged with regulatory or criminal offences. She has appeared before all levels of court and is an active member of the Inmate Appeal Duty Counsel Program for the Court of Appeal for Ontario.
Ms. Robitaille has a Bachelor’s degree from the University of Toronto and an LL.B. from Dalhousie University, where she won the Muriel Duckworth Award for “raising consciousness of women’s issues and feminism in the legal community.” Ms. Robitaille has lectured extensively including at The Law Society of Upper Canada, Osgoode Professional Development, The Advocates’ Society, the Office of the Chief Coroner of Ontario and the Ontario Court of Justice. Additionally, Ms. Robitaille is an instructor for the University of Toronto’s Trial Advocacy course and currently serves on The Advocates’ Society’s Standing Committee on Advocacy and Practice.
Ms. Robitaille was named a “Litigator to Watch” in Lexpert’s 2015 Guide to the Leading US/Canada Cross Border Litigation Lawyers in Canada.
Following a distinguished career with the Ontario government, including eight years as Deputy Attorney General of Ontario and former Deputy Minister Responsible for Aboriginal Affairs, Murray Segal now practices as independent legal counsel, consultant, and mediator under Murray D. Segal Professional Corporation. He is also Counsel to Henein Hutchison LLP Barristers in downtown Toronto.
Murray was the chief legal advisor to the Government of Ontario and trusted advisor to Cabinet, the Attorney General, Ministers, and Deputy Ministers. He oversaw all government litigation and is experienced in developing legislation. With a deep commitment to access to justice, he guided the modernization of Ontario’s justice architecture, with a keen eye to updating technology. Murray oversaw and implemented transformation of the human rights system, administrative law tribunals, police oversight, civil law reform, and criminal justice improvements. In addition to the justice portfolio, Murray became a go-to negotiator and problem-solver for some of the most complex, sensitive, and difficult challenges facing the government. He was a trusted negotiator and mediator in high-stakes, multi-million dollar disputes.
Prior to his time as the Deputy Attorney General, Murray was the Chief Prosecutor for the Province of Ontario, leading the largest prosecution service in Canada. Murray has prosecuted some of the most significant and challenging cases in the country, including Canada’s largest white collar crime case. He is comfortable at every level of court and has appeared before the Supreme Court of Canada on many occasions, arguing complex constitutional and other matters. Today, drawing on his extensive legal and executive experience, he advises and represents clients in both the public and private sectors.
Matthew Gourlay practises criminal and regulatory law, with a focus on appellate litigation and professional discipline. He appears regularly in the Ontario Court of Appeal and serves on the roster of pro bono duty counsel assisting unrepresented appellants in that court. He has argued a number of cases in the Supreme Court of Canada.
Matthew prosecutes and defends cases before a variety of professional disciplinary tribunals in Ontario. He is a regular columnist on criminal justice issues for the Law Times and a frequent speaker at continuing professional education events.
Matthew graduated as gold medalist from the University of Toronto Faculty of Law in 2008. He then served as a law clerk to Chief Justice Beverley McLachlin at the Supreme Court of Canada from September 2008 to December 2009. He has practiced with Henein Hutchison since 2010.
Matthew grew up in Vancouver, British Columbia and did his undergraduate degree at the University of Toronto. Before attending law school, he pursued graduate studies at New York University, receiving an M.A. in English and American literature.
Christine Mainville represents clients in criminal, extradition and regulatory proceedings, in both English and French. Christine has appeared at all level of courts in both Ontario and Quebec, as well as in the Supreme Court of Canada. She serves as pro bono duty counsel in the Court of Appeal, and has represented the Canadian Civil Liberties Association and the Criminal Lawyers’ Association in interventions before the Court of Appeal and the Supreme Court. She has experience in Customs Act offences; Elections Act offences; Extradition Act proceedings; search warrants and production orders. Ms. Mainville was also co-counsel on the Nova Scotia Parsons Independent Review.
Prior to joining Henein Hutchison LLP in 2011, Christine practiced criminal law in Montreal and was a law clerk to the Honorable Justice Ian Binnie of the Supreme Court of Canada. She completed her law degree at McGill University where she was the recipient of a number of distinctions including the Brett Code Prize in Criminal Law and the Johnston Gold Medal, awarded for academic standing and contribution to the Faculty and the community. She also completed a master’s degree in Comparative Criminal Law at the Université de Paris I (Panthéon – Sorbonne), and a Bachelor’s in Criminology at the University of Ottawa.
Christine was called to the Québec Bar in 2007 and the bar of Ontario in 2011. She has lectured to Justices of the Peace in both Ontario and Quebec, as well as to police officers and fellow lawyers.
While practising in Montreal, she was a board member of the Québec Elizabeth Fry Society, and a member of the advisory board of Innocence McGill. She is currently a member of the Criminal Lawyers’ Association, The Advocates’ Society and the Canadian Civil Liberties Association. She is fluently bilingual.
Kathleen Heap practises in the areas of criminal and regulatory litigation and appeals.
Kathleen earned her J.D. from the University of Ottawa Law School, where she graduated summa cum laude, ranked in the top one percent of her class. She received a number of academic awards, including prizes for the highest standing in both Criminal Law and Procedure and Advanced Criminal Procedure. While in law school, Kathleen spent two summers working in the litigation department of a large commercial law firm, assisting on complex civil matters.
Following law school, Kathleen served as a law clerk to the judges of the Court of Appeal for Ontario. There, she had the opportunity to work on a wide range of cases, including a number of important criminal law decisions.
Kathleen is a member of the Advocates’ Society and the Criminal Lawyers’Association.
Samuel Walker’s practice is focused on criminal and regulatory litigation. Prior to joining Henein Hutchison in 2013, he was a law clerk to the Honourable Justice Morris Fish of the Supreme Court of Canada and trained for a year at leading barristers’ chambers in London, England as a Harold Fox Scholar.
He is a graduate of Yale University (B.A., History) and McGill University’s Faculty of Law (B.C.L., LL.B.), where he earned a number of academic distinctions. He studied as a Gates Scholar at the University of Cambridge, Trinity College, graduating in 2011 with the Clive Parry Prize for receiving the highest standing in the master’s programme in international law (LL.M.).
Sam is currently an Adjunct Professor at the University of Toronto Faculty of Law. He is also a Fellow of the Philippe Kirsch Institute, serves as pro bono duty counsel with the Downtown Legal Services Clinic on summary conviction appeals, and is on the junior counsel roster of the Criminal Lawyers’ Association Interventions Committee.
Sam has published articles and book chapters on topics in criminal law and public international law, including in the Canadian Journal of Law and Jurisprudence and Criminal Law Quarterly. He has assisted leading counsel in cases before the International Court of Justice, International Criminal Tribunal for the Former Yugoslavia and Inter-American Court of Human Rights. During his legal studies, Sam volunteered at a legal clinic for refugees in Uganda for several months and summered at a New York law firm. In 2006, he spent a year working in the War Crimes Chamber of the Court of Bosnia-Herzegovina in Sarajevo.
Sam is a bilingual native of Montreal.
Ben’s practice focuses on criminal and regulatory litigation. Prior to joining Henein Hutchison in 2015, Ben clerked for Chief Justice George Strathy and Justice David Doherty at the Court of Appeal for Ontario, where his work focused on criminal law issues.
Ben received his J.D. from Queen’s University, graduating with the Dean’s Gold Scholar award, a Medal in Law (second highest standing), and the prize for the top performance in criminal law courses. Before law school, Ben completed his undergraduate degree in Criminology at Carleton University and worked as a Youth Caseworker for a correctional justice program.
Ben has contributed several articles to the Criminal Reports and Criminal Law Quarterly. During law school, he spent two summers working for one of Ontario’s busiest Crown Attorney’s Offices.
Ben grew up north of Toronto and is currently a member of The Advocates’ Society and the Criminal Lawyers’ Association.
Nicola’s practice focuses on regulatory, criminal and appellate litigation.
Nicola received her B.C.L.-LL.B. from McGill University, where she was the recipient of numerous academic awards, including the Chief Justice Greenshields Prize for overall highest standing in criminal law courses and the Brett Code Scholarship in Criminal Law. Nicola was an Editor with the McGill Law Journal, participated in the Laskin Moot Competition, and was involved with Student Advocacy, representing students accused of academic and disciplinary offences.
In 2014-2015, Nicola served as a law clerk to the Honourable Justice Clément Gascon of the Supreme Court of Canada. Prior to that, she undertook an internship with the Equal Justice Initiative in Montgomery, Alabama and spent a summer working at the Crown Law Office – Criminal.
A native of Halifax, Nicola received her B.A. from the University of Toronto (Victoria College), specializing in Political Science. She is fluent in French and speaks basic Spanish.
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