Jonathan C. Lisus

Jonathan C. Lisus

Mr. Lisus' practice focuses on complex commercial and constitutional litigation. He has a broad trial and appellate practice in the Superior Court of Justice, the Ontario Court of Appeal and the Supreme Court of Canada.

Awards and Acknowledgements

· Martindale Hubbell AV rating

· Chambers Global: The World's Leading Lawyers for Business

· The Canadian Legal Lexpert Directory: Guide to the 100 Most Creative Lawyers in Canada (2006)

· Lexpert Top 40 under 40 (2004)

· Best Lawyers in Canada

· Canadian Who's Who, University of Toronto Press

· Director, Advocates' Society

Recent Representative Cases

· Hyundai of Thornhill v. Hyundai Auto Canada Corp 2009 O.J. 95; Counsel to franchisee. manufacturer enjoined from interfering with franchise business and terminating dealer agreement.

· Neighbourhoods of Windfields Limited Partnership v. Death et al (2008) 48 M.P.L.R. (4th) 183;aff'd Ont. C.A. 2009 O.J. 1324 Counsel to developer. Landlords enjoined from unlawfully using residential subdivision as student lodging houses.

· Siemens Canada Limited and PCL Constructors v The Corporation of the City of Ottawa,(2009) 93 O.R 3d 22; Counsel to Siemens Canada and PCL in $175 million action against City of Ottawa for wrongful termination of contract for construction of Light Rail transit system. Leading authority on venue. Action ongoing.

· Axiom Plastics Inc. v. E.I. DuPont Canada Company (2008) 90 O.R. 3d 782,(2007), 87 O.R. (3d) 352: Counsel to plaintiffs. Only Competition Act price-fixing conspiracy in Canada to be certified as a class action on contested basis. Action ongoing.

· The Honourable Douglas Lewis v. Canadian Broadcasting Corporation, Superior Court of Justice; April 2007: Counsel to CBC, National news anchor and journalist in dismissal at trial of libel action by former federal Minister of Justice.

· Pink Triangle Press v. William Craig et al, Ont. Sup. Ct. July, 2007: Counsel to minority shareholder in successful control dispute of television network.

· Siemens VDO Automotive Inc. v. Rhodia Canada Inc. (2005), 16 B.L.R. (4th) 336 Counsel to Siemens VDO, enjoined fundamental change to critical long-term automotive supply agreement.

· Traub v. Siemens, Superior Court of Justice: Counsel to Siemens Canada Limited and Siemens A.G. Dismissal without payment of first product liability class action arising out of 2004 blackout.

· Isobord v. Stone & Webster et al, July 2004: Counsel to Dow Chemical Corp in dismissal without payment of $150-million product liability claim.

· 1176560 Ontario Ltd. v. Great Atlantic & Pacific Company of Canada (2002) 70 O.R. (3rd) 182; (2004) 62 O.R.(3rd) 535,Class counsel; leading case of defendant misconduct during certification; largest franchise class action settlement in Canada.

· Incorporated Broadcast Ltd. v. Canwest Global Communications 63 O.R. (3rd) 431 (Ont.C.A.):Counsel to Canwest Global $450m shareholder oppression proceedings in Ontario stayed.

· Comstock v. Atomic Energy Canada Limited 7 C.L.R. (3rd) 112 (Ont. S.C.J.): Counsel to AECL. Provincial construction legislation does not apply to federal nuclear reactors.

· Urban Outdoor Trans v. The Corporation of the City of Scarborough (2000), 52 O.R. (3rd) 593 (Ont.C.A.): Counsel for City of Toronto; first successful defence of constitutionality of user fee legislation.

· R v. Patrick 2009 SCJ No. 17 Supreme Court of Canada; Counsel for Canadian Civil Liberties Association; constitutionally protected privacy rights recognised in household waste.

· R v. Clayton and Farmer, (2007) 281 D.L.R. (4th) 1 Supreme Court of Canada; Counsel for Canadian Civil Liberties Association; scope of police powers to erect roadblocks.

· R v. A.M. (2006) 79 O.R. (3rd) 481 (Ont.C.A.): (2008) SCJ 19 Supreme Court of Canada ; Counsel for Canadian Civil Liberties Association; random police use of sniffer dogs ruled unconstitutional.

· Morton v. Cowan (2003), 229 D.L.R. (4th) 193 (Ont.C.A.): Counsel to physician; dismissal of action alleging excessive prescription of narcotics.

· Mirembe v. Tarshis (2003), 179 O.A.C. 260 (Ont.C.A.), affirming (2002), Carswell Ont. 2240 (S.C.): Counsel to surgeon; dismissal at trial of test case of toxic side effect from common antibiotic.

· Perez (Litigation Guardian of) v. Governing Counsel of the Salvation Army in Canada, 42 O.R. (3rd) 229 (Ont.C.A.): Counsel to psychiatrist; dismissal of wrongful death action, established limitation period applicable to psychiatric institutions.

· McSween v. Louis (1998), 187 D.L.R. (4th) 446 (Ont.C.A.): Counsel to surgeon; trial decision in favour of plaintiff overturned on appeal; leading authority on general limitation period.

· Van Dyke v. Grey Bruce Regional Health Centre (2006) 255 D.L.R. 4th 397 (Ont.C.A.) reversing (2003), O.T.C. 692 (S.C.): Represented surgeon; trial decision in favour of plaintiff overturned on appeal; leading authority on principles of causation.

Current Notable Mandates

· Counsel to Siemens Canada Limited and PCL Constructors in $175 million action against City of Ottawa for wrongful termination of $1.2bn contract for Light Rail System.

· Counsel to national franchisor in $65m breach of contract action.

· Counsel to IGA franchisees in $45m action against Sobeys Canada

· Counsel to Canadian Civil Liberties Association in R v. Sinclair and R v. Willier; Supreme Court of Canada; scope of right to counsel in custodial interrogation; argued May 12, 2009 - decision on reserve