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Duncan Boswell is a partner in Gowlings' Toronto office. Duncan has a diverse practice in corporate and commercial litigation, with a sub-specialty in real estate and banking disputes. Dealing with large litigation matters, Duncan has also developed an expertise in dealing with e-Discovery issues.
Duncan’s litigation experience includes financing disputes, tenant and sub-tenant contractual disputes, restrictive covenants, condominium disputes, construction negligence and construction liens. His eclectic practice further encompasses shareholder disputes, breaches of fiduciary duty, professional negligence, environmental contamination, securities litigation, patent and trade-mark protection, defamation, employment and taxation litigation. Duncan is an injunction specialist, obtaining injunctions to prohibit various and sundry behaviour, including political picketing, locking out of churches, specific performance of a corporate sale, and enforcement of eviction notices.
Prior to joining the Firm, Duncan was a law clerk to the Honourable Mr. Justice Peter deC. Cory of the Supreme Court of Canada.
Duncan has appeared as an advocate in trials and on appeal before all levels of court in Ontario, including numerous appearances before the Divisional Court and the Court of Appeal. Duncan has also appeared before the Ontario Securities Commission and other administrative tribunals.
Duncan has taught Civil Litigation for a number of years at the Bar Admission course of the Law Society of Upper Canada.
A sampling of the matters for which Duncan has been retained include:
- Defending a $1 billion lawsuit in regards to ownership of an Ontario casino, including allegations of destruction of electronic records;
- Prosecuting a multi-million dollar claim by a large financial institution as against former employees, including allegations of breach of fiduciary duties, breach of duties of good faith, and appropriation of corporate opportunities;
- Prosecuting a multi-million dollar claim by a foreign government as against an illegal lottery telemarketing operation;
- Upholding an appeal from a multi-million dollar trial judgment regarding a 200-acre real estate development project;
- Defending a multi-million dollar action regarding the staking and development of a large Canadian gold mine, including allegations of breach of fiduciary duty, breach of contract, and abuse of process;
- Defending a multi-million dollar product liability action regarding chemical components of an insect repellant; and
- Prosecuting an international multi-million dollar fraud involving letters of credit and guarantees.
Duncan is a frequent speaker on the topic of e-Discovery issues.
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