HONOURABLE THOMAS J. McEWEN
SERVICES
- MEDIATION
- ARBITRATION
- COMPLEX CASE MANAGEMENT
- CONFIDENTIAL DISPUTE RESOLUTION
- TRIAL AND APPELLATE STRATEGY
- NEUTRAL EVALUATION
EXPERIENCE AND EXPERTISE
Experience
As a Justice of the Superior Court for over 14 years, Mr. McEwen oversaw a wide range of litigation matters. At the time of his retirement, he was the head of the Commercial List, where he sat for over six years. Prior to that, he was the head of the Estates List and the Civil List in the Toronto Region.
As a judge, and particularly as the head of the Commercial, Estates and Civil Teams, Mr. McEwen was responsible for managing numerous high-profile, complex matters. Specifically, as head of the Commercial List, he managed some of the most significant and complicated cases in Canada, including domestic and cross-border insolvency matters listed below. Additionally, he oversaw a number of significant corporate amalgamations and reorganizations across all business sectors in Ontario.
Mr. McEwen also conducted dozens of complex trials during his career including leading cases in the areas of class actions, estates, oppression, contractual disputes, conspiracy and defamation.
Prior to his appointment to the Court in 2009, Mr. McEwen was a respected advocate for 24 years. He practised primarily in the area of civil litigation with an emphasis on major tort litigation including insurance related issues, professional liability, products liability and class actions. During his career at the Ontario Bar, he was listed in a number of peer review publications including Best Lawyers in Canada and Lexpert.
Expertise
Speaking Engagements
CONTACT
Judicially, Mr. McEwen managed a number of commercial and estates cases involving high net worth families where he gained a reputation for patiently shepherding matters forward and arriving at complex and fair resolutions. He implemented specialized alternative resolution principles and techniques, working closely with counsel and the parties to resolve their disputes in a fair and timely manner.
Apart from his responsibilities as a judge and head of the Commercial, Estates and Civil Teams, Mr. McEwen was also involved internationally in developing, implementing and teaching mediation and dispute resolution skills in Canada, the United States and Africa.
Mr. McEwen is currently a member of the International Insolvency Institute. He led the Superior Court as a founding member of the Judicial Dispute Resolution Network (“JDRN”), an international organization comprised of several countries promoting advanced judicial dispute resolution principles.
- The Advocates’ Society, Fall Convention 2023, Punta Mita, Mexico, What I Always Wanted to Say: Perspectives from Former Judges.
- The Advocates’ Society, May 2023, Commercial List Advocacy, Practice Tips and Updates
- Judicial Dispute Resolution Network, May 2023, Second Annual Meeting, New York, Implementation of the JDRN Process in Canada
- Canadian Association of Insolvency and Restructuring Professionals (CAIRP), February 2023, Annual Review of Insolvency Law
- Mediation as an effective tool in insolvency proceedings.
- The effects of the Supreme Court of Canada decision in Sherman Estate on Sealing Orders.
- The Advocates’ Society, January 2023, An Evening with the Commercial List
- International Insolvency Institute, September 2022, 22nd Annual Conference, Global Economic Crystal Ball
- National Judicial Institute, February 2022, Reverse Vesting Orders – A New Frontier
- The Advocates’ Society, May 2019, Effective Pre-Trial Hearings and Judge-led Mediations
- Court of Appeal for Ontario, May 2019, Judicial Education Seminar, Civil Case Management and Civil Case Management Pilot Project
- Ontario Bar Association, April 2019, Evening with the Honourable Estates List Judges, Updates and Best Practices
- International Law Institute, October 2018, African Centre for Legal Excellence/International Academy of Trial Lawyers, Uganda, Case Management and Alternative Dispute Resolution
- Society of Ontario Adjudicators and Regulators (SOAR), 2016, 28th Annual Conference
- Tips for judicial settlement conferences.
- What do judges want from lawyers in a mediation? A look at legal ethics, reputation, and approach.
Tom looks forward to offering and implementing his former judicial perspective, unique insights and observations gained throughout his career. He is available for mediation, arbitration and complex case management as well as confidential dispute resolution, trial and appellate strategy, and neutral evaluation. All inquiries are welcome.
Notable Cases
- Silicon Valley Bank
- U.S. Steel
- Canadian Tobacco Industry restructuring
- Just Energy
- Bondfield Construction
- Imerys Talc
- CannTrust
- Sears Canada Inc.
- Trillium Motor World Ltd. v. General Motors of Canada Limited, et al.
- Libfeld et al. v. Libfeld et al.
- Latner Estate v. Latner et al.
- Cardinal v. Cleveland Indians Baseball Company Limited Partnership, et al.
- The Catalyst Capital Group Inc. et al. v. West Face Capital Inc. et al.
Hon. Thomas J. McEwen
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Karen Daly, Executive Administrator