Tom Curry: Lawyer with Lenczner Slaght Royce Smith Griffin LLP

Tom Curry


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AV® Preeminent

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Practice Areas

  • Appeals
  • Arbitration
  • Class Actions
  • Commercial Litigation
  • Securities Litigation
  • Competition
  • Intellectual Property
  • Professional Liability and Regulation
  • Public and Administrative
Contact InfoTelephone: 416-865-3096
Facsimile: 416-865-9010
University University of Waterloo, B.E.S., Urban Planning, 1981
Law SchoolOsgoode Hall Law School, LL.B., 1984
Admitted1986, Ontario

Professional Activities

International Academy of Trial Lawyers

American College of Trial Lawyers

Commercial Bar Association (COMBAR)

Honourary Member
The Advocates' Society

Ontario Bar Association

Civil Litigation Section
Class Actions Law Section
Criminal Justice Section
Health Law Section
Nipissing University

Board of Governors


TOM CURRY is a partner at Lenczner Slaght.

Widely recognized as a leading trial and appellate counsel, Tom has a long record of success in high-profile commercial litigation. He represents private and public sector clients in class actions, arbitrations, business disputes, administrative law, judicial review, intellectual property and professional liability at both the trial and appellate levels. He appears before all levels of court and tribunals in Ontario, and maintains a successful appellate practice. Tom regularly appears before the Divisional Court, the Court of Appeal for Ontario, and has appeared in the Manitoba Court of Appeal, the Alberta Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada.

Tom is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. He is a regular speaker on a wide variety of subjects relating to trial practice and substantive law.

News & Media


Canada's leading litigation practice once again tops the list of litigation firms in the 2016 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.


Three Lenczner Slaght cases featured in Lexpert's Top 10 Business Decisions of 2015

Canada's leading litigation practice acted as counsel on the top case in Lexpert's annual ranking


Lenczner Slaght Leads in Cross-Border Litigation

Recognition of Lenczner Slaght lawyers as Canada's Leading Cross-Border Litigators Endures


Lenczner Slaght Recognized by Who's Who Legal 2015

Seven lawyers singled out by peers as leading practitioners in their field.


Lenczner Slaght Honoured by Chambers Canada for Dispute Resolution

Canada's leading litigation firm takes first ever Chambers Canada award for Dispute Resolution Team of the Year


Lenczner Slaght Lawyers Repeatedly Ranked Among the Best

Half of the firm's lawyers are ranked as leading practitioners and three named Lawyer of the Year in the latest Best Lawyers Directory.


Recognized as Leading Litigation Lawyers

Lenczner Slaght lawyers recognized for litigation in 2015 Who's Who Legal.


20 Lenczner Slaght Lawyers Recognized in 2015 Lexpert Directory

Recognized by Canadian Legal Lexpert Directory as leading practitioners.


Lenczner Slaght Repeatedly Tops Chambers Global Ranking

Canada's leading litigation practice remains highly regarded for 13 consecutive years.


Lenczner Slaght - a fortress inhabited by litigation royalty

13 Lenczner Slaght lawyers recognized in the 2015 Benchmark Litigation Directory.


Court struggles with 'victimology' issues

Tom Curry was quoted in the March 27, 2015 issue of the Lawyers Weekly on the recent British Colombia Court of Appeal decision in R. v. Orr involving issues of expert evidence.


SCC clarifies merger review requirements

Tom Curry was quoted in the Lawyers Weekly on February 6, 2015 in relation to the Supreme Court of Canada decision in Tervita Corp. v. Canada (Commissioner of Competition).


Divisional Court Dismisses Groia Appeal

Tom Curry, Jaan Lilles and Andrew Porter acted as counsel for the Law Society of Upper Canada.


Supreme Court says mergers can't block future competition

Tom Curry was quoted in the Financial Post on January 23, 2015in regards to the Supreme Court of Canada ruling in Tervita Corp. v. Canada (Commissioner of Competition).


Colleagues defend Bre-X lawyer in Law Society fight

Tom Curry and Jaan Lilles were quoted in the Toronto Star on January 9, 2015.

Publications & Presentations


Cross-Border Issues for Litigators

Tom Curry will be speaking at this Advocates' Society Program in which Peter Griffin will be co-chairing held on June 12, 2015.


2015 Northwind Class Actions Invitational Forum

Tom Curry presented on Expert Witnesses: Recent Developments and Best Practices on June 10, 2015.


CBA 2015 National Health Law Summit

Tom Curry will be participating in a panel discussion at the May 21 CBA National Health Law Summit on A New Era for Experts. Discussion topics will include professional obligations with respect to the objectivity of experts, procedural changes designed to increase the efficiency of expert evidence, understanding the court's role as gatekeeper and unique issues arising in the context of independent medical examinations.


Practice Management Essentials

Tom Curry was invited to speak at the Advocates' Society program on Practice Management at Trial: What You Need to Know on April 30, 2015. Objectives include learning how to effectively prepare for trial while managing client expectations and meeting professional obligations.


The Advocate Matters: 14th Annual Spring Symposium

Tom Curry is among the distinguished guest speakers at the Advocates' Society professional development and networking event for civil litigators held on April 29, 2015. This program features current updates, valuable strategies and innovative tools civil litigators need to excel in their practice.


The Oatley McLeish Guide to Motor Vehicle Litigation

Tom Curry will be speaking at the Law Society of Upper Canada's Program on the Ethics of Disclosure of Information, Experts' Opinions, Affidavits of Documents, Emails and Drafts, etc.


2015 Courthouse Series: Challenging Credibility

Tom Curry will be chairing the Advocates' Society program held on February 12, 2015. This program will provide dynamic live and video demonstrations of attacking and defending credibility of both lay and expert witnesses.


Civil Trials Symposium

Tom Curry will be speaking at the Advocates' Society program on Trial Planning and Management held on January 28, 2015.


11th Annual Obstetrical Malpractice: A Survival Guide for 2015

Tom Curry will be speaking at Mount Sinai's annual program on Two Legal Cases from the Last Year that Should Change your Practice.


Evidence for Litigators

Tom Curry will be co-chairing this program at the Advocates' Society on November 26, 2014. This program is part of the Civil Litigation Skills Certificate Program.


Expert Evidence for Litigators

Tom Curry will be a speaker at the Law Society of Upper Canada's program Expert Evidence for Litigators taking place on November 7, 2014. Tom will be speaking on The New Expert Rules: To What Extent Have They Changed the Landscape.


Practice Management Essentials: Managing Your Way to Trial Success

Tom Curry will be speaking at The Advocates' Society Practice Management Essentials program on May 23, 2014.


A Bird's Eye View of High Stakes Litigation

Tom Curry and Marguerite Ethier will be joined by the Honourable Justice Colin L. Campbell, Q.C. and Greg MacKenzie, General Counsel for 407ETR on a panel at the April 7, 2014 CCCA National Conference. The panel will share stories of high stakes litigation in the context of public and private enterprise. Conference attendees will learn strategies for success, a practical guide to navigate the litigation process when it arises, and the tips about litigation risk management.


Civil Litigation Skills Certificate Program - Evidence for Litigators

Tom Curry co-chairs the Evidence for Litigators session in the Civil Litigation Skills Certificate Program at The Advocates' Society.


The Experts of Expert Evidence

Tom Curry is a panelist on the use of expert evidence in court at a discussion hosted by ASAP Reporting Services, on October 2, 2013.


Kernicterus: Medical and Legal Aspects

Tom Curry presents on the topic at the 3rd Biennial Conference on Brain Injury in Children, sponsored by SickKids, held in Toronto July 9-11, 2013.


Effective Use of the Commercial List

Tom Curry presents with The Hon. Justice Frank Newbould on the topic at The Osgoode Short Course in Debtor-Creditor Litigation.


9th Annual Conference on Crown Liability

Tom Curry presents on the Practical Economics of Litigating For or Against the Crown at the conference hosted by Osgoode Professional Development Centre.


Obstetric Ultrasound: Setting the Standard for 2013

Tom Curry presents on the topic at a conference hosted by the University of Toronto and Mount Sinai Hospital.


Cross-examination: Strategies for Success

Tom Curry co-chairs on the topic at The Advocates' Society conference.


9th Annual Obstetrical Malpractice: A Survival Guide for 2013

Tom Curry presents on the topic at a conference hosted by Mount Sinai Hospital.


Witness Impeachment: How, Why and Hard Learned Lessons

Tom Curry presented on the topic at the 2012 Spring Symposium hosted by The American College of Trial Lawyers and The Advocates' Society.


Litigation and Enforcement Issues

Tom Curry presented on the topic at the 32nd Annual Securities Law Practitioners' Conference 2012. The conference was hosted by Insight.


The Role of Counsel

Tom Curry demonstrates the role of Counsel in the Expert Evidence Demo during Osgoode's 8th Annual Conference: Evidence Law for the Civil Litigator.


E-Discovery for Government

Tom Curry presented on the topic at the Federated Press held in Ottawa.


Best Practices for Dealing with Litigation Holds Establishing an E-Document Retention Policy Framework

Tom Curry presents at the E-Discovery for Government Event.


Brain Injuries in Children: Intrapartum Hypoxic-Ischemic Brain Injury: Are the ACOG Criteria/Guidelines Outdated? A Critical Evolution

Tom Curry presented at the 2nd International Symposium on the topic.


The Evolving Role of Experts in Legal Action

Tom Curry presented on the topic at the National Health Law Summit held at the Canadian Bar Association.


Effective Advocacy in Disciplinary Proceedings

Tom Curry presented on the topic at the Toronto Law Association.


Time to Deliver: Is there anything magical about the 30 (or 8, 15, 12 or 6) minute rule?

Tom Curry presented on the topic at the 8th Annual Obstetrical Malpractice: A Survival Guide for 2012.


Exploring the Limits of Public Interest

Curry, T. and Morris, K. Exploring the Limits of Public Interest. The Lawyers Weekly, December 10, 2010.


•Lexpert Zenith Award (2014)

Corporate Commercial Litigation
•Best Lawyers (2016)

Toronto Lawyer of the Year in Medical Negligence
•Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (2015)

Commercial Litigation, Class Actions, Securities Litigation
•Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (2016)

Class Actions; Litigation -Corporate Commercial; Litigation - Securities
•Canadian Legal Lexpert Directory (2012 - 2015)

Class Actions, Litigation - Corporate Commercial, Litigation - Securities, Medical Negligence, Professional Liability
•Who's Who Legal: 5th Edition (2014)

Canada's Leading Business Lawyers
•Best Lawyers (2015)

Toronto Lawyer of the Year in Health Care Law
•Chambers Global (2012 - 2015)

Dispute Resolution: Ontario: Canada
•The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada (2012 - 2015)

Corporate Commercial Litigation
•Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (2013, 2014)

Class Actions, Corporate Commercial, Securities
•Lexpert Ranked Litigators, Report on Business Special Edition (2013, 2014)

•Best Lawyers (2006 - 2016)

Administrative and Public Law, Appellate Law, Bet-the-Company Litigation, Class Action Litigation, Corporate and Commercial Litigation, Health Care Law, Legal Malpractice Law, Medical Negligence, Personal Injury Litigation
•Who's Who Legal (2013 - 2015)

Commercial Litigation
•The Legal 500 (2014)

Dispute Resolution
•Benchmark Canada (2012-2015)

Local Litigation Star - Ontario, Litigation Star- Canada, Arbitration, Litigation Star - Canada, Class Action
•The Law Society of Upper Canada

Certified Specialist in Civil Litigation
•Martindale-Hubbell Preeminent Peer Rating

•Practical Law Company

Ontario - Dispute Resolution

Reported CasesCases: Law Society of Upper Canada v. Groia; Counsel to the Law Society of Upper Canada in the prosecution of a lawyer for professional misconduct. A three member panel of the Divisional Court affirmed the decision of an Appeal Panel of the Law Society of Upper Canada that found the lawyer had committed acts of professional misconduct. The Panel also confirmed his penalty of a one month suspension and its $200, 000 cash award in favour of the law society.; Moore v. Getahun; Counsel for the defendant in an appeal in which the Court of Appeal provides important guidance on the interaction of counsel in the preparation of expert reports and the limits on the production at trial of information from an expert witness's file.; 1623242 Ontario Inc. v. Great Lakes Copper Inc.; Counsel to the successful respondents in a motion to remove their counsel of record on the basis of an alleged conflict of interest.; Ivanhoe Cambridge II Inc. v. The Regional Municipality of York; Counsel to the applicant in a judicial review application arising out of the decision of the Regional Municipality of York to modify and approve an official plan amendment for the City of Vaughan.; Law Society of Upper Canada v. Gary Neinstein; Acted for the Law Society of Upper Canada in connection with appeals to the Divisional Court and Court of Appeal for Ontario.; Khaiter v. Human Rights Tribual of Ontario et al.; Counsel for the Ombudsman of Ontario successfully responding to a motion to be added as a party to an application for judicial review.; Toronto Police Association v. Ontario and Toronto Police Services Board, et al.; Counsel for Toronto Police Services Board and Chief of Police in responding to an application for judicial review in the Divisional Court.; MacDonald and Jevons v. Commisioner, Ontario Provincial Police; Counsel for Commisioner of the OPP in judicial review proceedings in the Divisional Court and Court of Appeal for Ontario.; Chiang (Trustee of) v. Chiang; Counsel to defendants in one of the leading cases on civil contempt and on appeal relating to an underlying action to enforce a foreign judgement.; Ramsay v. Panasonic Corporation et al.; Counsel to a defendant electronics company in a proposed class action alleging price fixing relating to the design, sale and marketing of capacitors; Pfizer v. Teva; Counsel for Pfizer in a s. 8 proceeding in relation to a drug used for the management of neuropathic pain; Healthy Body Services Inc. v. Raytek Communications et al; Counsel to the plaintiff in the trial and appeal of an action to recover proceeds of fraud alleged to have been knowingly received by the defendants.; Kueffler v. NBF et al.; Counsel to defendant underwriting syndicate in a securities class action.; Private arbitration; Counsel in a successful arbitration to enforce an oral contract between partners of a closely held corporation.; Law Society of Upper Canada v. Paul Ross; Counsel for the Law Society in an appeal from a Discipline Committee decision.; Eppich v. Boiron Canada Inc.; Counsel to Boiron, a Quebec based company, in a class action alleging misrepresentations in the marketing of a homeopathic medicine product.; College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v. Federation of Ontario Traditional Chinese Medicine Association et al.; Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in an Application against respondent organizations and individuals for declarations that the respondents breached the Regulated Health Professions Act. Interim injunctions against the respondents obtained.; 407 ETR Concession Company Limited v. Day; Successful motion to determine a question of law that no limitation period expired prior to the commencement of the action by 407 ETR, under the appropriateness requirement of the discoverability provisions in the Limitations Act, 2002, S.O. 2002, c.24.; Toronto Transit Commission ats. Chen; Counsel to the defendant Toronto Transit Commission in the trial of a claim for damages for injuries arising out of ?a pedestrian collision.; Law Society of Upper Canada v. Victor Nnamdi Opara; Counsel to the Law Society of Upper Canada in a successful appeal of a decision concerning unprofessional conduct by a barrister.; Law Society of Upper Canada v. Dorothy Elizabeth DeMerchant and Darren Elliot Sukonik; Counsel to the Law Society of Upper Canadain successfully defending a motion for production of prosecution documents on the basis of a claim of abuse of process.; Inukshuk Wireless Partnership v. 4253311 Canada Inc. et al; Counsel to the defendants in an action on a motion to dismiss or stay the action for lack of jurisdiction.; Barclays Bank v. Metcalfe & Mansfield (Devonshire Trust); Counsel to Devonshire Trust in a case arising out of the disruption of the Canadian Asset Backed Commercial Paper market in August, 2007. The Court of Appeal affirmed the trial judge's decision and found that Barclays' notice terminating the swap transaction was invalid because of Barclays' misrepresentation and bad faith.; Read Lexpert's Significant Matters summary.; Southcott Estates Inc. v. Toronto Catholic District School Board; Counsel for appellant/respondent on cross-appeal, Southcott Estates Inc., on matter heard before the Supreme Court of Canada regarding the duty to mitigate losses and the availability of the remedy of specific performance in a breach of contract action.; Read Lexpert's Significant Matters summary.; Sheridan Chevrolet Cadillac Ltd. v. Kyungshin-Lear Sales and Engineering; Counsel to defendant in a multi-jurisdictional class action involving alleged price-fixing among automotive parts manufacturers.; Commissioner of Competition v. Rogers Communications Inc. et al.; Counsel to the Commissioner of Competitionin an application against Rogers Communications Inc. and Chatr Wireless Inc. relating to misleading advertising under the Deceptive Marketing Practices provisions of the Competition Act. The application involved a constitutional challenge to certain provisions of the Competition Act by the respondents.; The Superintendent of Bankruptcy v 407 ETR Concession Company Ltd. and In the Matter of the Bankruptcy of David Moore; Counsel to 407 ETR before the Supreme Court of Canada in a division of powers case regarding the Bankruptcy and Insolvency Act.; Warren v. National Hockey League; Counsel to the successful applicantreferee, who was terminated by the National Hockey League, on a motion toset aside or vary an Order quashing his affidavit which had been filed in support of his application forjudicial review ofthe decision of the Ontario Labour Relations Board.; Goodman v. Viljoen; Counsel to defendant physician in a compromised infant medical negligence action at trial and on appeal (leave to Supreme Court of Canada refused).; Chiang (Trustee of) v. Chiang; On appeal, the Court affirmed the Trial Judge's decision that the debt created by the foreign judgment did not meet the requirements of section 178(1)(d) of the Bankruptcy and Insolvency Act and, therefore, did not survive discharge from bankruptcy. This interpretative issue was a matter of first impression for the Court of Appeal.; Niagara Escarpment Commission v. The Joint Board; Counsel for the successful respondent, Walker Aggregates Inc., in an application for judicial review of a decision of the Joint Board which granted conditional approval to Walker Aggregates to develop a quarry on land that falls within the Niagara Escarpment Plan area.; Delgrosso v. Paul; Counsel for the defendant on a certification motion in a class action for allegedlosses suffered in connection with the plaintiff's self-directed RRSP investments in four syndicated mortgages broughton behalf of other investors who allegedly suffered similar losses in similar circumstances.; Royal Bank of Canada v. Boussoulas; Appeal to the Divisional Court regarding the denial of interim injunctive relief and the scope of a motions judge's discretion to deny relief to a party entitled to it.; Clients of JNP Financial Services Inc. v. Paul; Class action concerning breach of fiduciary duty.; Corsica Developments Inc. v. Richmond Hill Naturalists; Counsel to community organization on a Request for Review of an Ontario Municipal Board decision approving an Official Plan Amendment permitting residential development at the David Dunlap Observatory in Richmond Hill.; Indcondo Building Corporation v. Sloan; Counsel for defendants, Valerie Sloan and Cave Hill Properties Ltd., in a case relating tolimitation periods for actions commenced under s. 38 of the Bankruptcy and Insolvency Act.; Vescio (Litigation guardian of) v. Garfield; Counsel to successful defendant pediatrician at trial in a medical negligence action involving an alleged missed diagnosis of hyperbilirubinemia.; Sazant v. College of Physicians and Surgeons of Ontario; Counsel for an intervener doctor in a constitutional challenge to a provision of the Regulated Health Professions Act.; Novopharm; Counsel to Novopharm in contempt proceedings brought by Apotex in relation to Lovostatin and other compounds.; Pastore v. Aviva Canada Inc.; Counsel for successful appellant on matter regarding the proper interpretation of the Statutory Accident Benefits Scheduleof the Insurance Act and the scope of judicial review of decisions made in that context.; Law Society of Upper Canada v. Mary Martha Coady; Counsel for the Law Society in the successful prosecution of a member for professional misconduct (affirmed by the Law Society Appeal Panel).; Timpano v. Hurst; Counsel to successful defendant general surgeon on a dismissal of an appeal and at the trial of a medical negligence action involving a patient who suffered post-surgical complications and died.; In the Matter of an Arbitration; Counsel to the successful respondent at an arbitration involving a commercial real estate dispute.; In the Matter of an Arbitration; Counsel to the largely successful Law Firm respondent at an arbitration involving a partnership dispute.; 407 ETR Concession Co. v. Ontario (Minister of Transportation); Appeal concerning an arbitration and the availability of interlocutory remedies.; Blue Star Trailer Rentals Inc. v. 407 ETR Concession Co.; Successful appeal from a judgement declaring that 407 ETR was not permitted to charge tolls for transport truck trailers under the Highway 407 Act.; Ferrara v. Tabatabi; Appeal concerning an oppression remedy and shareholder's remedies.; Giroux Estate v. Trillium Health Centre; Appeal concerning issues of fraud and effect of limitation period.; Kempton v. Park; Appeal of professional liability matter.; Muscillo Transport Ltd. v. Ontario (License Suspension Appeal Board); Application for judicial review regarding bias and proceedings before tribunals.; Ontario (Workers' Compensation Board) v. Ontario (Assistant Information & Privacy Commissioner); Palmeri v. DiPoce; Appeal concerning solicitor's negligence.; Playford v. Freiberg; Appeal concerning jury verdict.; Pompeani v. Bonik Inc.; Appeal concerning contempt of court.; Precious Metal Capital Corp. v. Smith; Appeal concerning the jurisdiction of the Court relating to a foreign mine.; Raaymakers v. Green; Appeal concerning rectification of a separation agreement.; Ristimaki v. Cooper; Successful appeal concerning a solicitor's negligence in a family law case.; Sorger v. Bank of Nova Scotia; Appeal concerning apprehension of bias and breaches of fiduciary duty.; College of Physicians and Surgeons of Ontario v. Porter; Application for leave to appeal and application for stay of proceedings involving professional discipline of aphysician.; Valencia v. Kurdyak; Appeal concerning professional liability matter.; Zellagate Holdings Inc. v. Platt; Appeal involving the dismissal of an action for rescission on the grounds of relitigation and abuse of process.; Prendiville v. 407 International Inc.; Counsel to the defendant in aclass action dealing with the payment of late payment fees alleged to have violated the Criminal Code of Canada.; 407ETR; Counsel to 407ETR in various legal proceedings including a class action over payment of late payment fees; multiple actions with the Ontario government concerning operation of the toll highway and power to raise tolls; and judicial review application against Registrar of Motor Vehicles for compliance with statutory duties concerning validation of vehicle permits.; Animal House Investments Inc. v. Lisgar Development Ltd; Application involving a shareholder dispute in closely held company where the applicant was seeking a just and equitable winding-up.; Berkshire Funding Initiatives Ltd. v. Trinity Capital Corp.; Defence of injunction for breach of fiduciary duty and theft of confidential information.; Crown Life Insurance Co. v. Canada Life Assurance Co.; Motion for summary judgment surrounding the interpretation of an indemnity provision in the agreement for purchase and sale at issue in the dispute.; In re Coventree Inc.; Counsel to a former director and officer of Coventree Inc. in a regulatoryproceeding before the Ontario Securities Commissionin connection with disclosure obligations surrounding the collapse of the Asset Backed Commercial Paper (ABCP) market in Canada. Counsel in appeals to the Divisional Court and Court of Appeal.; Smith v. Toronto Police Assn.; Application and appeal to declare the actions of a non-share capital corporation to be ultra vires the constitution.; UBS Securities Canada, Inc. v. Sands Brothers Canada, Ltd.; Counsel on an appeal from a trial of an application to enforce an agreement to sell securities which were subsequently converted to shares of the TSX.

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Office Information

Tom Curry

111 Gordon Baker Road, Suite 900
TorontoON M2H 3R1

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