BestLawyersFirm2022

“Effective advocacy matters. Litigate with confidence.”

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We are pleased to announce Danielle Robitaille is Henein Hutchison Robitaille’s new Managing Partner.

 

As a managing partner, Danielle will oversee day-to-day operations, guide the strategic direction and overall practice of the firm. Danielle’s practice focuses on litigation and investigations with extensive experience in high-profile, complex, and sensitive matters. Danielle has appeared at all levels of Court in Ontario and at the Supreme Court of Canada.

 

Danielle will leverage her considerable skill and energy towards continuing the firm’s legacy of best-in-class advocacy across litigation disciplines. A dedicated mentor, Danielle sees one of the primary objectives of HHR continuing the decades long tradition of fostering and growing talented litigators from within the firm.
New year, new name, new managing partner. We are pleased to announce Danielle Robitaille is Henein Hutchison Robitaille’s new Managing Partner.

 

As a managing partner, Danielle will oversee day-to-day operations, guide the strategic direction and overall practice of the firm. Danielle’s practice focuses on litigation and investigations with extensive experience in high-profile, complex, and sensitive matters. Danielle has appeared at all levels of Court in Ontario and at the Supreme Court of Canada.

 

Danielle will leverage her considerable skill and energy towards continuing the firm’s legacy of best-in-class advocacy across litigation disciplines. A dedicated mentor, Danielle sees one of the primary objectives of HHR continuing the decades long tradition of fostering and growing talented litigators from within the firm.
Our strength is advocacy. With eight partners and a dedicated corps of outstanding associate lawyers, Henein Hutchison Robitaille LLP has been repeatedly recognized as one of Canada’s top litigation boutiques. Our partner leadership is composed of a gender-balanced team of outstanding litigators.

 

We focus on criminal and civil litigation, corporate investigations, regulatory matters and appeals. Our firm is frequently consulted by in-house counsel to provide advice on internal corporate matters and we regularly work with other firms on complex and cross-border litigation.
Our strength is advocacy. With six partners and a dedicated corps of outstanding associate lawyers, Henein Hutchison Robitaille LLP has been repeatedly recognized as one of Canada’s top litigation boutiques. Our partner leadership is composed of a gender-balanced team of outstanding litigators.

 

We focus on criminal and civil litigation, corporate investigations, regulatory matters and appeals. Our firm is frequently consulted by in-house counsel to provide advice on internal corporate matters and we regularly work with other firms on complex and cross-border litigation.

ADVOCACY

CRIMINAL LITIGATION

“More experience. More defence. The best result.”

Henein Hutchison Robitaille LLP defends individuals and corporate entities charged with criminal offences before all levels of court around the province and elsewhere in Canada. Our firm has been built on decades of collective experience in criminal litigation, both as defence counsel and Crown prosecutors.

 

Our firm has 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.

CIVIL LITIGATION

“Cases don’t win themselves. Who you choose as your advocate matters. Litigate with confidence.”

Henein Hutchison Robitaille LLP acts for and advises publicly-traded and closely-held companies and individuals on a wide range of civil litigation matters. Areas of focus include general commercial litigation, the oppression remedy, executive termination, pension entitlement disputes, defamation, estates, sexual battery claims, First Nations matters, and class actions for both plaintiffs and defendants. In appropriate cases we partner with leading subject-matter experts from other firms to build legal teams tailored to our clients’ needs.

 

We also team up with document review service providers to keep costs down on document-intensive files. Our focus is squarely on strategy and advocacy. We have the trial experience and expertise to deal with any advocacy challenges. Business and reputational interests are front and centre as we mount a tireless and effective case at trial or push to a quick and cost-effective resolution.

CORPORATE INVESTIGATIONS

“You need to get to the truth and respond effectively to a crisis. We get you there.”

We provide what institutional leaders facing a crisis need most: timely strategic advice focused on the long-term best interests of the organization. We regularly conduct complex internal investigations and provide due diligence services for leading businesses and institutions, many of which are household names. We deliver thorough and targeted investigations in response to a range of circumstances that affect vital business interests.

 

The quality of our strategic advice, and our rigour, are matched only by our discretion. Our firm has 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.

REGULATORY

“When the stakes are high, you need experienced advocates fighting for you.”

Henein Hutchison Robitaille LLP regularly defends and prosecutes cases before various professional bodies in diverse professional disciplines, including many of the regulated health professional bodies (doctors, dentists, pharmacists and nurses) as well as disciplinary bodies in the legal profession, including the Law Society of Ontario, the Justices of the Peace Review Council, and the Ontario Judicial Council. Our firm advises a number of companies and individuals operating in a range of regulated industries.

 

We offer compliance advice and representation regarding federal and provincial environmental, wildlife, health and safety, privacy, money laundering, FINTRAC and industry-specific regulatory compliance regimes. We assist our clients in understanding the relevant legal framework, creating compliant policy and avoiding costly penalties or litigation. We also act in any reviews and litigation before the courts.

APPEALS

“Unparalleled appellate experience.”

Henein Hutchison Robitaille LLP 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.

TEAM

Melissa Hunt

SENIOR ASSOCIATE

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Maya Borooah

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Kelsey Flanagan

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David Postel

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Brandon Chung

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Katrina Crocker

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Gillian Olsen

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Sarah Strban

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Jessica Proskos

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Tara Boghosian

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Charlie White

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Annie Li

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Rose Yanco

DIRECTOR OF PROFESSIONAL RESOURCES & BUSINESS DEVELOPMENT

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Brigitte Mulder

DIRECTOR OF FINANCE

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NEWS

Emergency Is Not In The Eye Of The Beholder: Federal Court Grants Victory to CCLA In Emergencies Act Challenge (Courtesy of CCLA)

 

January 23, 2024

 

TORONTO — The Federal Court of Canada has just issued its decision allowing the Canadian Civil Liberties Association (CCLA)’s challenge to the federal government’s invocation of the Emergencies Act. The CCLA’s challenge was joined with that of a few other parties.

 

Noa Mendelsohn Aviv, Executive Director and General Counsel of the CCLA, made the following statement:

 

The Court concluded that:
• The federal government’s decision to declare a public order emergency under the Emergencies Act in early 2022, as well as the associated regulations that it enacted, were unreasonable and were not justified on the facts or the law.
• The regulations violated the Charter right to freedom of expression and the right to be secure against unreasonable search or seizure.
From the moment the Emergencies Act was invoked, the CCLA raised our concerns.

 

Emergency is not in the eye of the beholder. Emergency powers are necessary in extreme circumstances, but they are also dangerous to democracy. They should be used sparingly and carefully. They cannot be used even to address a massive and disruptive demonstration if that could have been dealt with through regular policing and laws. The threshold for invoking the Emergencies Act is extremely high. The government must demonstrate that there is an emergency arising from threats to the security of Canada and that that emergency truly has a national scope. The Federal Court agreed that this threshold was not met.

 

The CCLA stood up to the government’s use of the Emergencies Actand challenged the government in court. The Federal Court’s decision sets a clear and critical precedent for every future government.

 

We are deeply grateful to our excellent legal team of Ewa Krajewska and Brandon Chung at Henein Hutchison Robitaille LLP for their superb legal work and dedication to this challenge.

 

We will have more to say in the coming days as we fully digest the contents of the decision.

 

Read The Federal Court’s Decision…

Lawsuit by Hassan Diab Over 2014 Extradition to France Discontinued With Prejudice

 

August 25, 2023

 

In early 2020, Hassan Diab began a lawsuit in Ontario alleging that he had been treated unfairly by Canada, including by Crown lawyers, in relation to France’s request to have Mr. Diab extradited to France. One of the crown lawyers whose conduct was impugned was Jeffery Johnston, General Counsel with the Department of Justice (Canada).

 

Earlier today, Mr. Diab (and other member of his family) discontinued unconditionally the action against Mr. Johnston. This brings Mr. Diab’s legal challenges to his extradition to a conclusive end.

 

Read More…

Dr. Peterson’s Response to the Divisional Court Decision Dismissing His Judicial Review Application

 

August 23, 2023

 

Today, the Divisional Court dismissed Dr. Peterson’s challenge to the College of Psychologists’ decision to sanction him for controversial comments on Twitter.

 

Dr. Peterson is deeply concerned about the chilling effect that the College’s actions will have on professionals across Canada expressing controversial or unpopular views. Indeed, it is precisely with respect to such disfavoured views that the right to free expression must be most zealously guarded. Thus, Dr. Peterson respectfully disagrees with the Court’s decision.

 

Regulated professionals do not check their right to free expression at the door. Canadian society benefits from having members of all occupations free to speak their minds without undue regulatory scrutiny. Historically, professionals like lawyers, doctors, and psychologists have contributed much to public debate in this country, even while expressing unpopular views. They should be free to continue to do so, online or elsewhere.

 

Social media is the modern town square. Dr. Peterson believes that vigorous debate in these forums is essential to the healthy functioning of democracy. Overbearing regulatory scrutiny stifles this goal and wrongly discourages professionals from participating in the public sphere.

 

Dr. Peterson has instructed his counsel to seek leave to appeal to the Court of Appeal for Ontario.

Press Release: Marie Henein Awarded Martin Medal

 

July 19, 2023

 

The Criminal Lawyers Association announced today they will be awarding the Martin Medal to Marie Henein at their annual conference. We warmly congratulate our fearless leader on receiving the most prestigious award in Canadian criminal law. Marie has been the voice and face of the justice system in Canada for decades. Her intelligence, skill, and charisma have earned her a household name without parallel in the legal profession.

 

We will have much more to say when Marie is honoured at the CLA fall conference on November 18, 2023. In the meantime, we congratulate the selection committee on choosing an honoree who embodies the traits we, as litigators, aspire to every day: courage, resiliency, creativity, judgement and, above all, an unabated passion for the law.

 

Henein Hutchison Robitaille LLP looks forward to celebrating Marie with the CLA on the occasion of this well deserved honour.

Christine Mainville Appointed to the Ontario Court of Justice

 

February 24, 2023

 

It is with immense pride that we announce our partner Christine has been appointed to the Ontario Court of Justice. Canadians could not be better served!! While we are and always be sad to see her go, we now have the great joy of watching the next phase of her extraordinary career.

 

 

-Marie Henein, Scott Hutchison, Danielle Robitaille,

Henein Hutchison Robitaille LLP

Press Release: In Relation To Dawn Walker

 

August 29, 2022

 

Dawn Walker, an Indigenous woman, a lawyer, an activist, an author, and a loving mother, has long been a strong voice for Indigenous people, and in particular for the missing and murdered Indigenous women and girls whom the Canadian authorities have failed at every turn. Despite her painful first-hand knowledge of the Indigenous experience in Canada – including what she knows of the Saskatchewan police and their shameful treatment of Indigenous communities – Dawn nonetheless sought help and refuge through official channels in Saskatchewan. But the system failed her, like it has so many others.

 

Dawn’s voice will not be silenced. While it is trite for defence counsel to say that the case will be vigorously defended, in Dawn’s case truer words could not be uttered.

 

-Marie Henein,
Henein Hutchison Robitaille LLP

PIAP Creates the Marie Henein Prize in Access to Justice

 

On June 11, 2019 Marie Henein retired as the chair of the Pro Bono Inmate Appeals Program (“PIAP”) after twenty years of service. The PIAP provides free, unpaid, experienced, duty counsel services to unrepresented and incarcerated appellants who have been denied Legal Aid funding on their criminal appeals to the Court of Appeal for Ontario.

 

Marie founded the program in 1999 along with Justice Marc Rosenberg and Justice Allison Wheeler, and remained its driving force since its inception. The program has frequently been lauded by the judiciary for its invaluable contribution to the administration of justice in Ontario by providing 36 days of pro bono assistance in both Toronto, Kingston and via Video-Conference to otherwise unrepresented appellants.

 

In recognition of her outstanding contribution, PIAP honoured Marie by creating the Marie Henein Prize in Access to Justice, which will be given to an outstanding student in the Community Legal Aid and Services Program (“CLASP”), the student-run legal aid clinic at Osgoode Hall Law School. Marie was a student at CLASP where she started her now storied career representing the criminally accused.

 

PIAP is proud to announce Ian Smith as the new chair of the program. You can read more about the ongoing work of the PIAP here. Henein Hutchison Robitaille LLP will continue its longstanding support of the program through ongoing pro bono services provided by partners Matt Gourlay, Christine Mainville and Danielle Robitaille.

 

You can read more about the ongoing work of the PIAP here.

CONTACT

Do not send confidential information or details about your case by email. Do not forward any documents to us. We will not review such information nor can we provide advice until we have accepted you as a client.

 

Please note that any email correspondence to contact the firm is informational only. You will not be considered a client of the firm until we have agreed to act for you in accordance with our usual policies for accepting clients. The content of this website is provided for informational purposes only and should not be construed as legal advice. No action with regards to your particular matter should be taken until you have first sought full legal or professional advice from a lawyer fully retained to act on your behalf.

 

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