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Glenn Hainey is a partner in Gowlings' Toronto office. He is the former head of the office's Advocacy Department and member of the Mangement Committee from 2002 until 2010.
Glenn has appeared as counsel before the courts of Ontario, New Brunswick, British Columbia and the Federal Court of Canada at all levels in proceedings involving contractual and commercial disputes, competition law and fraud issues, allegations of professional negligence, product liability claims, directors’ and officers’ liability claims and other civil, criminal and regulatory matters. He also has appeared as counsel before a number of provincial and federal Administrative Tribunals.
Following his call to the Bar, Glenn was appointed executive assistant to the Ombudsman for the province of Ontario. In that capacity he was responsible for the investigation of complaints against provincial ministries and administrative agencies and represented the Office of the Ombudsman at hearings before an All-Party Select Committee of the Ontario Legislature. From 1978 to 1982, he practised criminal law in association with the late Arthur Maloney, QC, one of Canada’s foremost criminal lawyers. His practice involved the defence of criminal cases and professional disciplinary proceedings. During this period, he was appointed a part-time Assistant Crown Attorney and prosecuted criminal cases on a regular basis. In December 1981 he joined Smith Lyons (now Gowlings) where he continues to practise as a litigator counsel.
Glenn is an elected bencher of the Law Society of Upper Canada, the governing body of the legal profession in Ontario. He currently serves as chair of the Law Society's Professional Regulation Committee and is a member of the Audit Committee, Governance Task Force, Government Relations Committee, Priority Planning Committee and the Proceedings Authorization Committee. He is a former director of The Advocates’ Society of Ontario, a former member of the Chief Justice of Ontario’s Steering Committee on Public Legal Education and past chair of the Enforcement Practices & Procedures Committee of the Canadian Bar Association’s National Competition Law Section. He is also the former president of the University of Western Ontario Faculty of Law Alumni Association.
The following is a representative sample of certain of the matters in respect of which he has acted as counsel:
- Represented the Government of the Province of Ontario before The Walkerton Public Inquiry established to investigate the circumstances surrounding the contamination of the Town of Walkerton's water supply.
- Acts as counsel for a Canadian tobacco manufacturer in connection with a variety of litigious matters including the successful negotiation with the Federal Government, all of the Canadian Provinces and the RCMP of a settlement of the company's criminal and civil exposure arising from the allegations related to the smuggling of tobacco products into Canada from the United States. The overall settlement involved payments totaling $550 million.
- Successfully represented the former Minister of Finance for Ontario in connection with an RCMP investigation and in a class action proceeding.
- Represents the United States of America on appeals before the Divisional Court and the Ontario Court of Appeal in connection with the enforcement of a foreign judgment against a Canadian lottery telemarketing business.
- Represented a young officer with the Canadian coast guard who was charged with criminal negligence causing death as a result of his operation of a Coast Guard icebreaker. Following a lengthy trial the officer was acquitted.
- Represents a Canadian chartered bank in connection with a claim against a number of former senior officers and employees for breaching their fiduciary duties by establishing a competing financial institution.
- Defended a social worker charged with criminal negligence causing death arising from the death of a premature infant under her care. The social worker was discharged following a six month preliminary hearing in the Ontario Court of Justice. He also represented the social worker at a month long Coroner's Inquiry which did not result in any adverse findings against the social worker.
- Acts as counsel for a Canadian chartered bank and a number of other international financial institutions in class action proceedings involving allegations of auditor's negligence.
- Acted as counsel for a commercial aircraft manufacturer in connection with various litigious matters including an international arbitration relating to the sale of a telecommunications satellite.
- Represents an international firm of chartered accountants in connection with a number of actions involving allegations of auditor's negligence.
- Acts as counsel to a collective of U.S motion picture proceedings in connection with television program copyright royalty claims before the Canadian Copyright Board.
- Acts as counsel to a Canadian national law firm in respect to a number of matters involving allegations of solicitor’s negligence.
Glenn has actively participated in Continuing Legal Education, both internally within Gowlings and externally within the profession, including:
- Assessor at the two-day Sopinka Cup Trial Advocacy Competition in Ottawa, Ontario, March 2010.
- Canadian Institute of Chartered Business Evaluators Eastern Regional Conference: Presented a paper on The Independence of Expert Witnesses, Niagara Falls, Ontario, June 2009
- Chief Justice of Ontario’s Advisory Committee on Professionalism: Speaker at Symposium on Lifelong Learning in Professionalism” hosted by the University of Toronto Faculty of Law, Toronto, Ontario, February 2009
- Canadian Bar Association Annual Fall Conference on Competition Law: Participated on Moot Court Panel on the Constitutionality of Administrative Monetary Penalties under Bill C-19 of the Competition Act, Gatineau, Quebec, September 2006
- The Canadian Institute’s Competition Law Compliance Conference: Presented a paper on What To Do When the Competition Bureau Calls, Toronto, Ontario, May 2005
- Canadian Bar Association Annual Fall Conference on Competition Law: Presented a paper on the Proposed Amendments to the Civil Provisions of the Competition Act, Ottawa, Ontario, September 2004
- Canadian Bar Association Annual Fall Conference on Competition Law: Chair of Panel on Abuse of Dominance, Gatineau, Quebec, October 2003
- Insight Information Co. Second Annual Litigator’s Conference on Class Actions: Presented a paper on Mass Accident Claims, Toronto, Ontario, January 2003
- LexisNexis Conference, Practice & Procedure in Commercial Litigation Forensic Accounting: Litigating the Commercial Dispute, Panellist on Expert Credibility, November 2003, Toronto, Ontario
- Canadian Corporate Counsel Association, 14th Annual Meeting, Moderator at Workshop re Amendments on Competitor Cooperation and Their Effect on Your Company, August 2002, London, Ontario
- Canadian Bar Association Annual Fall Conference on Competition Law: Presented a paper on Counsel’s Response to Section 11 Orders and Search Warrants under the Competition Act, Ottawa, Ontario, September 2001
- Canadian Bar Association Annual Fall Conference on Competition Law: Presented a paper on The Effect of Criminal Proceedings on Actions under Section 36 of the Competition Act, Ontario, Ontario, September 1998
- The Law Society of Upper Canada: Participated in Roundtable for Discipline Defence Counsel and Law Society Counsel, April 1998
- The Canadian Institute: Presented a paper on Tactical Considerations Regarding Pleadings in Class Actions, Toronto, Ontario, October 1996
- Law Society of Upper Canada Bar Admission Course instructor
- Editor of Federated Press Corporate Liability Journal and published the following articles in the journal:
- The Class Proceedings Process in Canada
- Canada’s Mutual Legal Assistance Treaty
- Investigative Powers of Regulatory Agencies
- Exposure to Criminal Liability from Employee Actions (i.e., Secret Commissions)
- Protecting Privileged Documents from Seizure under Search Warrants
- You May Be Compelled to Assist a Foreign Government’s Criminal Investigation
- Criminal Liability and the Professional’s Duty of Care
- Tactical Considerations in View of Follow-On Actions under Section 36 of the Competition Act
- Liability of Officers and Directors for Environmental Offences
- Professional Vulnerability, Social Work Accountability Before the Criminal Justice System Published by “Child and Family” a Journal of the Notre Dame Child and Family Institute. Volume 5, No. 3, Summer 2002
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