Andrew Winton

PartnerLax O'Sullivan Lisus Gottlieb LLPEmployment; Litigation and Dispute Resolution

Andrew Winton of Lax O'Sullivan Lisus Gottlieb LLP has a broad-based civil litigation practice that includes experience with complex commercial, employment, shareholder and insolvency matters. Prior to becoming a lawyer, Andrew was an editor at one of Canada's largest university and college textbook publishers. Andrew uses the skills he developed as an editor to communicate clearly and concisely in all aspects of his litigation practice. Andrew has a First-Class Honours B.A. from McGill University and an Honours J.D. from the University of Toronto, where he received several awards for academic achievement. Prior to his call to the Bar in 2007, Andrew clerked at the Court of Appeal for Ontario for Chief Justice Roy McMurtry and Justices Karen Weiler, Robert Blair and Harry LaForme.

Andrew Winton has been involved in a wide range of commercial disputes, with a focus on employment, restructuring and shareholder disputes. His clients include private individuals as well as small business and major corporations.

Andrew is experienced counsel in arbitrations of business disputes and appears regularly before the Ontario courts, including the Toronto Commercial List. Andrew has acted as counsel in many significant proceedings, including one of the few cases where a Plan of Arrangement was not accepted for filing in a CCAA proceeding (Target Canada), the successful pursuit of an interlocutory injunction in a trade-mark action (Sleep Country Canada) and a defamation action (Fortress Real Developments), and a successful appeal concerning when a new cause of action has been pleaded in an amended statement of claim (Farmers Oil and Gas).

Andrew excelled at the University of Toronto Faculty of Law, where he won several awards, including top overall ranking in first year and for excellence in legal writing. He clerked for Chief Justice McMurtry and Justices Weiler, Blair and LaForme of the Court of Appeal for Ontario in 2006–2007. Andrew also holds a B.A. (First Class Honours) from McGill University.

Andrew has served on the Section Executive of the Ontario Bar Association's Civil Litigation Section since 2013.

Prior to becoming a lawyer, Andrew was an editor at one of Canada's largest university and college textbook publishers. Andrew uses the skills he developed as an editor to communicate clearly and concisely in all aspects of his litigation practice.

Education

  • University of Toronto, J.D., 2006
  • McGill University, B.A. (First Class Hons.), 1995

Bar Admission

  • Ontario, 2007

Experience

  • Fortress Real Developments Inc. v. Franklin, [2018] O.J. No. 592 (S.C.J.) (leading authority on availability of pre-trial injunctive relief to restrain defamatory statements)
  • Royal Host Limited Partnership (General partner of) v. 1842259 Ontario Ltd., [2018] O.J. No. 2643 (C.A.) (latest appellate authority on ability of landlord to recover for fire loss in presence of covenant to insure in lease)
  • Sleep Country Canada Inc. v. Sears Canada Inc., [2017] F.C.J. No. 180 (F.C.) (successfully represented Sleep Country Canada in obtaining an injunction against Sears Canada to prohibit Sears’ use of marketing slogan pending trade-mark infringement trial)
  • Re Target Canada Co., [2016] O.J. No. 263 (S.C.J.) (represented landlord opposing motion to file Plan of Arrangement and Compromise)
  • Farmers Oil and Gas Inc. v. Ontario (Ministry of Natural Resources), [2016] O.J. No. 5212 (Div. Ct.) (successfully represented plaintiff in appeal and cross-appeal from motion to strike amendments to statement of claim)
  • MFC Structures Limited v. Mady Collier Centre Ltd., [2015] O.J. No. 116 (S.C.J.) (successful opposition to Mareva injunction on behalf of directors and officers of insolvent corporations in CCAA proceedings)

Associations

  • Canadian Bar Association
  • Ontario Bar Association
  • Toronto Lawyers Association
  • The Advocates' Society