John K. Phillips, Counsel

Direct Tel: 647-220-7420
Fax: 416-203-9444
E-Mail: john@fernandeshearn.com

Areas of Practice

• Civil Litigation
• Corporate/Commercial Litigation (including Bankruptcy and Insolvency)
• Class Actions and Representative Proceedings
• Professional Liability and Insurance Litigation
• Administrative and Regulatory Litigation
• Criminal Litigation
• Private International Law and Litigation

Background

John has practiced exclusively as a litigation lawyer since his call to the bar in Alberta in 1990 and he continues in that practice in Ontario, where he was called to the bar in 2002. He has been involved in several landmark decisions in areas ranging from class actions and private international law to criminal and constitutional law. His focus is on trial and appellate advocacy.

John has appeared in all levels of courts in Ontario and Alberta, as well as the Federal Court of Canada and the Supreme Court of Canada. He has also appeared and conducted litigation in several other provinces and territories, including multiple appearances in the British Columbia Supreme Court, the Court of Queen's Bench of Manitoba and the Queen's Bench Court of Saskatchewan. He has also conducted litigation in various states of the United States of America by pro hoc vice and by special certificate. He has appeared before numerous tribunals, including the Alberta Securities Commission, and has extensive experience in commercial arbitrations.

In 2001, John was appointed as an Adjunct Assistant Professor with the Faculty of Law, University of Calgary, where he taught as a sessional lecturer from 1996 to 2002. His courses included Trial Advocacy, Restitution and Fiduciary Obligations, Debtor/Creditor Relations and Administrative Process. He has also published and continues to publish in various professional and legal journals.

Education

• Admitted to Law Society of Alberta, 1990;
• Admitted to Law Society of Upper Canada, 2002;
• M.A. - University of Guelph, 1989;
• LL.B. - Osgoode Hall Law School, 1989;
• B.A. (High Honours) - University of Saskatchewan, 1984.

Memberships and Recent Activities

• Guest Instructor, Intensive Trial Advocacy Workshop, Osgoode Professional Development, Osgoode Hall Law School (2002 - present);
• Guest Instructor, Trial Advocacy Course, Faculty of Law, University of Calgary (1996 - 2001);
• Advocates Society, member (2005 - present);
  
• Canadian Bar Association Alberta, Alberta Law Conference 2008, Electronic Trial Demonstraton, speaker (2008);
  
• Canadian Institute's 8th Annual National Summit on Institutional Liability for Sexual Assault, Abuse and Harassment, speaker (2008);
  
• Canadian Institute's 7th Annual Forum on Litigating Class Actions, speaker (2006);
  
• President, Catholic Cross-Cultural Services (2004 - present).

Publications and Select Recent Cases

Select Cases

• R. v. Stinchcombe, [1991] 3 S.C.R. 326; 68 C.C.C. (3d) 1;
• Red Seal Tours Inc. v Occidental Hotels Management B.V., 284 D.L.R. (4th) 702, 228 O.A.C. 290, 2007 CarswellOnt 5604, 47 C.P.C. (6th) 1, 37 B.L.R. (4th) 236, 2007 ONCA 620 (Ont. C.A. Sep 12, 2007);
• Currie v. McDonald's Restaurants of Canada Ltd. et al., (2005), 250 D.L.R. 4th 224; 7 C.P.C (6th) 60 (Ont. C.A.);
• Indian Residential Schools Class Actions:
  Baxter v. Canada (Attorney General), 80 O.R. (3d) 481, 40 C.P.C. (6th) 129 (Ont. Sup. Ct.)
  Sparvier v. Canada (Attorney General) (2006), 290 Sask. R. 111, 2006 SKQB. 533, 35 C.P.C. (6th) 110, 2006 CarswellSask 765 (Sask. Q.B.)
  Quatell v. Canada (Attorney General), 2006 BCSC 1840, [2007] B.C.W.L.D. 1582, [2007] B.C.W.L.D. 1567, [2007] B.C.W.L.D. 1570, [2007] B.C.W.L.D. 1569, [2007] B.C.W.L.D. 1629 (B.C.S.C.)
  Bosum v. Canada (Attorney General), 2006 CarswellQue 10673 (Que.S.C.)
  Northwest v. Canada (Attorney General). 2006 CarswellAlta 1713; 2006 ABQB 902, [2007] A.W.L.D. 2243, [2007] A.W.L.D. 2241, 45 C.P.C. (6th) 171 (Alta. Q.B.)
  Fontaine v. Canada (Attorney General), 2006 CarswellYukon 118; 2006 YKSC 63, 35 C.P.C. (6th) 134 (Yukon Tty. S.C.)
  Semple v. Canada (Attorney General), 2006 CarswellMan 482; 2006 MBQB 285, 213 Man. R. (2d) 220, 40 C.P.C. (6th) 314 (Man. Q.B.);
  
• Stelco Inc.(Re) (2004), 6 C.B.R. (5th) 320 (Ont. Sup. Ct.);
  
• Thomson Kernaghan & Co. (Re) (2003), 50 C.B.R. (4th) 287 (Ont. Sup. Ct.);
  
• R. v. Trang (2002), [2003] 4 W.W.R. 257 (Alta. Q.B.);
  
• Northstone Power Corp. v. R.J.K. Power Systems Ltd. (2002), 36 C.B.R. (4th) 272 (Alta. C.A.).

Publications

• Phillips, J.K., "The Rest of the Story of R. v. Stinchcombe: A Case Study in Disclosure Issues" (2002), 40 Alberta Law Review 539;
• Phillips, J.K. and Luther, G.E., Guest Editors: Foreword - "The Stinchcombe Project: The Law of Disclosure in Canada" (2002), 40 Alberta Law Review 537;
• Phillips, J.K. 1995. "New Codes of Professional Conduct Impose Duty to Disclose Confidential Information" (1995), 2 Professional Liability and Discipline Litigation 87;
• Kapusianyk, B.G. and Phillips, J.K. 1995. "The Occupational Health and Safety Act: Quasi-Criminal and Insurance Implications Resulting from Recent Amendments" [Consulting Engineers of Alberta Conference: Liability Under the Occupational Health and Safety Act, 29 November 1995];
• Wittmann, N.C. and Phillips, J.K. 1994. "Weaving Codes of Professional Conduct and Statutory Obligations: Disclosure and the New Web of Professional Responsibility" [The Canadian Institute: Environmentally Sensitive Real Estate and Business Transactions];
• Wittmann, N.C. and Phillips, J.K. 1994. "Liability of Accountants and Auditors: Foreseeability and Proximity" (1994), 1 Professional Liability and Discipline Litigation 59;
• Wittmann, N.C. and Phillips, J.K. 1994. "Liability and Professional Responsibility of Engineering Consultants in Environmental Audits" (1994), 1 Professional Liability and Discipline Litigation 47;
• Phillips, J.K. and Wittmann, N.C. 1991. "Insurance Coverage and Pollution: An Evolution Behind the Times" (1991), 1 Uberrima Fides 18;
• Phillips, J.K. and Wittmann, N.C. 1990. "Insurance and Hazardous Waste Management: Recent Developments in the Insurance of Pollution Liability" [The Canadian Institute: Hazardous Waste Management Conference];
  
• Phillips, J.K. and Wittmann, N.C. 1990. "Construction Bonds: The Role of Bonds in the Bidding and Tendering Process" [Insight: Bonding in the Construction Industry Conference].