Andrew Lewis

PartnerPaliare Roland Rosenberg Rothstein LLPEmployment

Andrew practices as a litigator in a wide variety of employment, civil, commercial and administrative matters. He has appeared in all levels of court, including the Ontario Superior Court of Justice, Divisional Court, the Court of Appeal for Ontario and the Supreme Court of Canada, as well as in mediations, arbitrations and before a number of tribunals. In employment matters, Andrew acts for both employees and employers in relation to contract negotiations and drafting, employment obligations and termination from employment, particularly but by no means exclusively at the executive level. He is often consulted on constructive dismissal matters and in relation to departing employees, as well as on employment issues arising on the sale of a business.

Andrew practices as a litigator in a wide variety of employment, civil, commercial and administrative matters. He has appeared in all levels of court, including the Ontario Superior Court of Justice, Divisional Court, the Court of Appeal for Ontario, and the Supreme Court of Canada, as well as in mediations, arbitrations and before a number of tribunals.

In employment matters, Andrew acts for both employees and employers in relation to contract negotiations and drafting, employment obligations and termination from employment, particularly but by no means exclusively at the executive level.

He is often consulted on constructive dismissal matters and in relation to departing employees, as well as on employment issues arising on the sale of a business.

In commercial matters, Andrew acts in all varieties of contract and shareholder disputes, including oppression cases. He also has significant experience in matters where urgent injunctive relief is sought.

Employment matters also often involve shareholder issues. Andrew is fully conversant in the issues and the interplay between the commercial and employment aspects of such cases.

Andrew is frequently consulted on matters involving law firm conflicts of interest, privilege issues and the intersection between them.

Education

  • University of Toronto, LL.B., 1995
  • Queen’s University, B.A. (Hons.), 1991

Bar Admission

  • Ontario, 1997

Experience

  • Cannon v. Funds for Canada Foundation, [2014] O.J. No. 1902 (S.C.J.), principles to be applied in determining when individuals who have opted out of a class action can opt back in, 2014
  • Cytrynbaum v. Look Communications Inc., [2013] O.J. No. 3149 (C.A.), right of corporate officers and directors to advancement of legal fees from corporation in lawsuit brought by that corporation against them, 2013
  • Richards v. Media Experts M.H.S. Inc., [2012] O.J. No. 5282 (C.A.), affirming [2012] O.J. No. 2934 (S.C.J.) statement of claim asserting tort claims against individual officer of the defendant employer struck out in wrongful dismissal claim, based on exclusionary clause in the employment contract, 2012
  • Labatt Brewing Company Ltd. v. NHL Enterprises Canada, L.P., [2011] O.J. No. 3207 (C.A), setting aside [2011] O.J. No. 2547, procedural fairness arising from injunction granted by Superior Court, 2011
  • Eisses v. CPL Systems Canada Inc., [2009] O.J. No. 3628 (S.C.J.), solicitor-client privilege, waiver of privilege and removal of law firm, 2009
  • New Carbon Co. v. Tastee Fare Canada Inc., [2009] O.J. No. 5772 (S.C.J.), injunctive relief and return of property, 2009
  • Jamal v. O.P.S.E.U., [2008] O.J. No. 1900 (S.C.J.), affirmed [2009] O.J. No. 6373 (C.A.), leave to appeal to S.C.C. denied Striking statement of claim for court’s lack of jurisdiction, 2008
  • First Gulf Development Corp. v. Alfa Laval Inc., [2006] O.J. No. 1856 (S.C.J.), striking statement of claim based on exclusionary clauses, 2006
  • Leader Media Productions Ltd. v. Sentinel Hill Alliance Atlantis Equicap Limited Partnership, [2008] O.J. No. 2284 (C.A.), affirming [2006] O.J. No. 4238, judicial somnolence and adequacy of trial reasons, 2006
  • Lyons v. Toronto (Computer Leasing Inquiry — Bellamy Commission), [2004] O.J. No. 648 (Div.Ct.), solicitor–client privilege and public inquiries, 2004
  • R. v. Malmo-Levine, [2003] S.C.J. No. 79, constitutional challenge to marijuana possession laws, 2003
  • Saunders v. Chateau des Charmes, [2002] O.J. No. 3990 (S.C.J.), constructive dismissal arising from abusive conduct, 2002

Associations

  • The Advocates' Society
  • Toronto Lawyers Association