Scott Lemke

Unique Skills and Attributes – Commercial Litigation

In his litigation practice, Scott has extensive experience representing clients in the Ontario Court of Justice, the Ontario Superior Court of Justice, the Ontario Divisional Court, and the Court of Appeal for Ontario. Throughout his career, Scott has successfully handled a wide range of commercial matters, demonstrating his dedication to achieving favourable outcomes for his clients. Some notable cases and achievements include:

• Represented shareholders in a commercial dispute that resulted in nearly $40M of property being divided.
• Acted for a minority shareholder in a multi-million-dollar misappropriation of corporate opportunity claim.
• Acted for a multinational hotel in various commercial litigation matters, including breach of contract matters and the enforcement of judgments.
• Represented the applicant in a derivative action application.
• Acted for a major Ontario union in a municipal conflict of interest application against a regional councillor.
• Acted for the GP of a condominium real estate developer in a dispute with a limited partner.
• Appealed a summary judgment order against an Ontario lawyer in a commercial matter before the British Columbia Court of Appeal.
• Acted for members of a past board of directors in a commercial conspiracy action.
• Represented the City of North Bay, as respondent, before the Court of Appeal for Ontario, on an appeal of the conviction and sentence of a resident under the Provincial Offences Act (POA).
• Represented property owners in an adverse possession matter involving the enforcement of a family law order from a separate matter.
• Represented clients in a complex liquidation proceeding, including the passing of the accounts of the liquidator and its counsel.
• Acted for the respondent at the Court of Appeal for Ontario, in an appeal by a municipality, of a conviction that was set aside under the Provincial Offences Act.
• Defended a $10M non-compete and non-solicitation claim brought by a past employer against a departing executive.
• Acted on a complex insurance litigation matter after a prominent Toronto home was destroyed by a fire.
• On appeal of a summary judgment motion, negotiated a reduced payment of an ordered amount by the motion judge in exchange for discontinuing the appeal process.
• Represented a long-term care home in a licence revocation proceeding.
• Acted for a manufacturer of hardwood flooring in a trademark appropriation matter.
• Represented the past president of a major Ontario union in a breach of contract, breach of fiduciary duty, conspiracy, and defamation matter.

Unique Skills and Attributes – Corporate Law

In his corporate law practice, Scott has provided valuable advice and representation to clients in diverse matters, including acting for Nyon Oil Inc. in its purchase of nearly 900 acres of land in Port Colborne for the purpose of developing a petrochemical storage and transloading facility. Some other notable highlights of his work include:

• Provided corporate governance and structuring advice to a national commercial real estate brokerage.
• Represented a service provider to a major municipality in its negotiation of a nearly $60 million service contract and various subcontracts.
• Provided governance and structuring advice to a corporation providing home utility services throughout Canada.
• Provided structuring and litigation strategy advice to a developer of thousands of residential homes in southern Ontario.
• Provided advice to a Canadian provincial power authority with respect to plans to expand a hydro power source.
• Acted for a corporation aiming to refurbish a dock in Thunder Bay to expand forms of shipping lines across the Great Lakes to the GTA.
• Counsel to the purchaser of a solar energy project.
• Represented a major independent brewer in its purchase of various breweries.
• Acted for a retiring doctor in the sale of their specialized practice.
• Represented a major Toronto hotel in negotiating a crane swing and tieback agreement during the construction of a 40-storey condominium immediately adjacent to it.
• Provided corporate governance and generational structuring advice to shareholders of a prosperous family-run business that disposed of its principal assets.
• Acted for the purchaser of a consultancy firm in downtown Toronto.
• Provided corporate governance and structuring advice to a prominent Toronto funeral home.
• Acted for a franchisee in their sale of a national franchise to a third party.
• Acted for a developer on the redesignation of commercial lots on Bathurst Street.

Unique Skills and Attributes – Election Law, Municipal Law

Scott’s background in election and municipal law has allowed him to provide invaluable counsel and representation in various high-profile cases, in addition to being an Adjunct Professor of Election Law at Western Law School. Some notable highlights of his work include:

• Counsel to Elections Ontario for the 2014, 2018, and 2022 provincial general elections, as well as numerous by-elections.
• Represented Elections Ontario in a judicial recount application brought in Brampton Centre after the 2018 general election.
• Represented Elections Ontario in a judicial recount application brought in Thornhill after the 2014 general election.
• Represented the chief electoral officer in an interlocutory injunction brought by a past candidate seeking to prohibit a current candidate from participating in the 2022 provincial general election.
• Represented Elections Ontario in a contested election matter brought in Chatham.
• Provided Election Finances Act (EFA) advice to a major Ontario union wanting to participate in a federal election.
• Provided election advice to a major candidate for mayor for the City of Toronto.
• Provided election advice to a major candidate for mayor for the City of Brampton.
• Acted for the Town of Deep River, as the host community of a nuclear near surface disposal facility at the Chalk River Laboratories site. This nuclear waste facility would be the largest in the world of its type.
• Provided advice to an Ontario municipality regarding whether to implement recommendations made by the integrity commissioner.
• Provided advice to the City of Toronto and the Compliance Audit Committee during the compliance audits of councillors Jim Karygiannis and Nikolaos Mantas.

Professional Associations

Scott is a member of the Canadian Bar Association (CBA), the Ontario Bar Association (OBA) and the Law Society of Ontario (LSO).

In addition to his law practice, Scott is an adjunct professor at the University of Western Ontario.

He also sits on the board of directors for the New Beginnings Support Program charity.

Education

Scott earned a Juris Doctor (JD) degree from the Schulich School of Law at Dalhousie University in 2012.

He graduated in 2009 from the University of Toronto with a Bachelor of Arts degree (Specialist in Economics and Political Science).

Scott was called to the Bar of Ontario in 2013.

Personal Stuff

Scott enjoys spending quality time with his wife and two children. Together, they spend their summers on the beach and boating on Lake Ontario. In the winters, the kids are currently learning to ski and skate.

Scott has an appreciation for art, and a passion for collecting Canadian pieces. He also finds joy at the golf course.