About

Andrew M. Porter (he/him) brings top-tier expertise developed as a partner of Canada’s leading litigation firm to a renewed boutique environment.

Andrew has appeared in the Supreme Court of Canada, at all levels of court and numerous administrative tribunals in Ontario, and in the British Columbia and Nova Scotia Courts of Appeal. He maintains an active practice in a wide range of litigation and advice matters representing corporations, shareholders, professionals, regulators, and other institutions. His advice and representation has proven effective both inside and outside the courtroom, where his clients rely upon his calm, measured demeanour and credibility with opposing counsel and the judiciary to secure results. Referrals are respected.

Andrew is a frequent participant in and contributor to continuing professional development events. He serves as an Adjunct Faculty member at Osgoode Hall Law School, where he has co-taught Statutory Interpretation since 2018.

Contact

E: andrew@porterlitigation.com C: (416) 804- 6268

Background and Education

Bar Admissions: Ontario (2012)

  • JD: Osgoode Hall Law School (2011)

  • MA (Hist): McGill University (2008)

  • BA (Hons): McGill University (2007)

Memberships 

  • The Advocates’ Society

  • Ontario Bar Association

  • Canadian Bar Association

    • Counsel to multiple publicly traded companies in the prosecution of complex frauds, successfully obtaining Mareva, Anton Piller, and receivership orders, and resulting in the recovery of substantial proceeds of fraud.

    • Counsel to shareholders and senior employees in multiple oppression applications under s. 248 of the Ontario Business Corporations Act.

    • Counsel to commercial parties in arbitration proceedings regarding real property disputes involving financial district leasehold disputes, and commercial property co-tenancy agreements.

    • Blackmore Management Inc v Carmanah Management Corporation et al – Counsel to respondent shareholders in appeal concerning the revocability of a ‘shotgun’ offer, and ensuing dispute concerning the form of order arising from the appeal.

    • Charette v Trinity Capital Corporation – Counsel to two defendants in a class action brought on behalf of taxpayers who participated in a charitable donation program.

    • Krandel v 1714176 Ontario Limited – Counsel to the respondent shareholders successfully resisting the preparation of audited financial statements.

    • Assisted in the successful defence of the defendant brokerage firm at a lengthy trial before the Supreme Court of Nova Scotia, and as counsel in the Nova Scotia Court of Appeal, in an action for negligence and breach of contract arising out of alleged share price manipulation.

    • Joyce v MtGox Inc – Counsel to the former CEO of MtGox Inc in a proposed Ontario class proceeding, concerning the failure of the Japanese BitCoin exchange.

    • Abbasbayli v Fiera Foods Company et al – Counsel to the defendant in a successful motion to strike oppression claims under the OBCA against individual directors and officers in a wrongful dismissal action, and in subsequent successful motion to strike a Notice of Examination seeking to examine a Chief Executive Officer as a corporate representative.

    • Polar Wireless Corporation v Roberts – Counsel to the plaintiff in a successful motion for an interlocutory injunction preventing fiduciaries from unfairly competing with their former employer using confidential business information.

    • Quarterback Transportation Inc v Clegg – Counsel to the successful respondents resisting a motion by a competitor for an interlocutory injunction enforcing restrictive covenants and other post-employment obligations on several departing employees.

    • 1252662 Ontario Inc v Swisslog – Counsel to the successful party in a contractual interpretation application seeking a declaration that alleged limitation of liability clauses in a construction contract did not apply.

    • MacIsaac v Mackinnon – Counsel to the defendant in multi-week medical malpractice jury trial involving complex causation issues, including a successful motion to exclude the evidence of a proposed expert witness.

    • Jacques v Francis – Counsel to the defendant emergency physician in the successful defence at trial.

    • Jacot v Baxter – Counsel for estate trustee in a will challenge.

    • Willsee Holdings Ltd v Tim Seegmiller Holdings Inc – Counsel to the moving party in a motion to disqualify counsel of record by reason of a conflict of interest.

    • Graff v Network North Reporting and Mediation – Counsel to defendant family physician in successful motion for summary judgment.

    • Bogner v Orangeville Police Services – Counsel to the plaintiffs in a negligent investigation action against the police.

    • Zarubiak (Estate) v Luce – Counsel to a family physician in the successful defence at trial.

    • Smith v Lattuca – Counsel to the defendant physicians in a medical negligence proceedings. Successfully opposed a motion by the plaintiff to extend the deadline to set the action down for trial after the deadline had passed, resulting in dismissal of the action. Upheld on appeal.

    • 673753 Ontario Limited v Jeya Transportation Ltd – Trial counsel to the plaintiff load broker in a breach of contract action against the defendant carrier.

    • College of Psychologists of Ontario v Sharma – Counsel to regulator in successful application for a statutory injunction pursuant to the Regulated Health Professions Act preventing unauthorized practice as a psychologist and misuse of restricted titles.

    • Counsel to a respondent physician in motion for a stay of discipline proceedings on the basis of abuse of process.

    • College of Psychologists of Ontario v Ontario (Health Professions Appeal and Review Board) – Counsel to the successful College of Psychologists of Ontario in appeal from a registration decision of the Health Professions Appeal and Review Board.

    • Ontario (College of Optometrists of Ontario) v Zoberi – Counsel to the College in a successful prosecution for professional misconduct of an optometrist.

    • Liam Marshall v College of Psychologists – Counsel to the successful respondent in an appeal to Divisional Court from a registration decision.

    • Law Society of Upper Canada v Groia – Counsel to the Law Society of Upper Canada in the high profile prosecution of a lawyer for professional misconduct.

    • Law Society of Upper Canada v Opara – Counsel to the Law Society of Upper Canada in a successful appeal from a decision concerning unprofessional conduct by a barrister.

    • Law Society of Upper Canada v DeMerchant – Counsel to the Law Society of Upper Canada in the successful defense of a motion for production of prosecution documents on the basis of a claim of abuse of process.

    • Ontario (College of Optometrists of Ontario) v Tepperman – Counsel to the College in a successful prosecution for professional misconduct of an optometrist.

    • Polman v The Chartered Professional Accountants of Ontario – Counsel to CPA Ontario in proceedings before the Human Rights Tribunal of Ontario concerning alleged discrimination following the unification of the accounting professions in Canada.

    • Singh v The Chartered Professional Accountants of Ontario – Counsel to CPA Ontario in a successful request to dismiss a human rights application.

    • Gilmor v Nottawasaga Valley Conservation Authority – Counsel to Conservation Ontario in its successful intervention in an appeal concerning the interpretation of the Conservation Authorities Act.

    • Tingling v The College of Psychologists of Ontario – Counsel to the College of Psychologists of Ontario on a successful motion to dismiss an application to the Ontario Human Rights Tribunal relating to the applicant’s registration proceeding at the College.

    • R v Thompson – Counsel to an accused facing charges of assault of a police officer and possession of a controlled substance. Evidence excluded and an acquittal on all counts entered on the basis of multiple Charter breaches and adverse findings of credibility concerning the police officer.

    • Counsel to multiple defendants in charges brought by the Ministry of Labour for alleged violations of the Occupational Health and Safety Act.

    • Sanctuary et al v Toronto (City) et al – Counsel to the Canadian Civil Liberties Association in partnership with a coalition of public interest organizations, in proceedings against the City of Toronto, fighting for better protections and conditions in the City’s shelter system and respite sites in response to the COVID-19 pandemic.

    • Counsel to a CEO of a publicly traded company in the successful defense of charges brought under the Provincial Offences Act.