Practice Areas » Charter and Public Law


Experience - Douglas Elliott carries on one of the most respected Charter and Public Law litigation practices in Canada, covering such diverse issues as same sex marriage, euthanasia, privacy, and censorship. REO represents businesses, individuals and public interest organizations at all levels of Court in Canada.


REO litigated the first successful Charter class action in Canadian history, Hislop v. Canada, involving rights to survivor's pensions for same-sex couples.


Past & Current Cases include:


  • Currently lead counsel in Hislop v Canada, a constitutional class action that resulted in the largest class action trial judgment in Canada (valued at over $50 million), which was also the first class action trial award to be upheld by the Supreme Court of Canada
  • Many landmark constitutional cases, of which the best known is the same sex marriage case, where our lawyers successfully represented the Metropolitan Community Church of Toronto in the Ontario Court of Appeal in Halpern v. Canada and in the Supreme Court of Canada on the Marriage Reference
  • Other notable appearances in the Supreme Court of Canada include, for the Canadian AIDS Society in Vriend v. Alberta, Little Sisters' Bookstore v. Canada, Latimer v. The Queen, and Hodge v. Canada. Our lawyers also argued M. v. H. for the Foundation for Equal Families, Trinity Western University v. British Columbia College of Teachers for EGALE Canada Inc. and Charkaoui v. Canada for the Canadian Arab Federation
  • Our lawyers also acted for the Coalition in Support of Marc Hall in Hall v. Durham, and for Canadians for Jerusalem in Veffer v. Canada
  • From 1993 to 1997 our lawyers represented the Canadian AIDS Society (CAS) before the Commission of Inquiry on the Blood System in Canada (the Krever Inquiry). Our partner, Douglas Elliott made the first of his many appearances in the Supreme Court representing CAS in its support of the Krever Inquiry in Canada v. Canada (Krever Inquiry)

IN THE NEWS

Supreme Court Denies Banks Leave to Appeal in Overtime Class Actions

On March 21, 2013 the Supreme Court of Canada denied leave to appeal in the cases of Fulawka v. Scotiabank and Fresco v. Canadian Imperial Bank of Commerce. In June of 2012 the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial. The decision of the Supreme Court upholds those rulings.
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Court of Appeal Certifies Tax Shelter Case

On March 19, 2013 the Court of Appeal for Ontario allowed the plaintiff’s claim for allegedly inappropriate tax advice in Lipson v Cassels Brock & Blackwell to proceed as a class proceeding.
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REO Wins for Defendants – Securities Claim Defeated

In reasons released on September 14, 2012 the Ontario Superior Court of Justice denied the Plaintiff’s motions for certification and leave to issue a claim for secondary market misrepresentation under the Securities Act. REO acted for a number of the former directors.
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Court of Appeal Certifies Overtime Class Actions against CIBC and Bank of Nova Scotia

In unanimous decisions released on June 26, 2012 the Court of Appeal for Ontario allowed the plaintiffs’ claims for alleged unpaid overtime in Fresco v CIBC and Fulawka v Bank of Nova Scotia to proceed as class proceedings.
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REO recognized as leading class action lawyers

REO is featured in the June issue of National Magazine - the official publication of the Canadian Bar Association
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