PROFILE
Scott's practice focuses on corporate and commercial, gaming, bankruptcy and insolvency, restructuring, regulatory and insurance litigation. As a partner in the Litigation Group, Scott has represented numerous financial institutions, corporations and individuals in matters relating to, for example, commercial contract disputes, transportation, securities, debt enforcement, oppression remedy, gaming, debtor and creditor, bankruptcy and insolvency, economic torts, interim and permanent injunctions, insurance, employment litigation involving wrongful dismissal and breach of fiduciary duty matters, broker liability claims, negligence actions and personal injury litigation. Scott brings a unique experience in the area of insurance litigation and negligence law having represented numerous insurance companies in defending claims brought against them. He has appeared as trial counsel and argued contested motions and applications before the trial and appellate levels of the Ontario Superior Court of Justice, the Divisional Court, the Court of Appeal of Ontario, and on leave applications to the Supreme Court of Canada. Scott has also acted as counsel before the Coroner's Court and several administrative tribunals.
Scott is often retained by large financial institutions, both national and international corporations, casinos and high net worth individuals and families to represent their interests before the courts, administrative tribunals or through the mediation and Alternative Dispute Resolution process. He acts on behalf of corporations and businesses of all sizes in a broad range of industries and routinely represents industry leaders in a variety of business sectors, such as: The Business Development Bank of Canada, Fibernetics Group of Companies (a CLEC providing VOIP, ISP and long distance services), Stoughton Trailers LLC, Six Nations of the Grand River, Ecovert Corporation, along with brewers, such as Brunswick Bier Works and numerous casinos located in Nevada, Macau and Singapore and gaming operations located in Ontario.
Since graduating from Wilfrid Laurier University and Queen's Law School, Scott continued his legal education through various programs and seminars presented by the Canadian and Ontario Bar Associations and the Advocates' Society, including the Intensive Trial Advocacy Workshop with Osgoode Hall Law School of York University. He has spoken and written on various topics including trial evidence, debt enforcement and collection, spoliation, the duty to defend under CGL and homeowner insurance policies, broker's liability, estate litigation issues, social host liability, fiduciary duties, assessment of damages, and director and officer liability. Scott also acts as a mentor to law students and junior lawyers of the firm.
Publications
OCTOBER 02 2020
A Primer on CRA’s Collection Powers and its Effect on Secured and Unsecured Creditors
The Canada Revenue Agency (“CRA”) has several collection powers under the Income Tax Act(“ITA”) and the Excise Tax Act (“ETA”) to ensure the remittance of taxes. When taxes are not remitted, the CRA has an arsenal of collection tools including the deemed trust, garnishment, and certification of tax debts with the Federal Court to obtain a judgment. These remedies have different impacts on secured creditors and unsecured (judgment) creditors. They are also treated differently in a bankruptcy situation, with some of the remedies maintaining Crown priority and others losing priority status. It is important to understand the distinctions between the collection mechanisms and how they operate under the ITA and the ETA in order to advise secured and unsecured creditors or lenders working with individuals who have a tax debt. This article examines each of the collection mechanisms and attempts to clarify the distinctions between them.
JUNE 21 2020
National Indigenous Peoples Day
June is National Indigenous History Month, and 21 June National Indigenous People’s Day. There is no more fitting time to honour the history, heritage and diversity of Indigenous peoples in Canada. We encourage all Canadians to join us in learning more about the Indigenous history in the communities where we live and work, acknowledging the systemic racism and discrimination that exists in our institutions in Canada and elsewhere, and supporting and effecting the changes which are needed to combat that injustice.
APRIL 09 2020
Canada's COVID-19 Economic Response Plan: How Can Your Business Benefit?
The Government of Canada is showing support for Canadian businesses that may be experiencing difficulties due to the worldwide COVID-19 pandemic.
The government's response plan is fluid, as the Canadian economy continues to adjust to these turbulent times. It is important to stay updated daily, to see if your business can benefit. Key areas of support, the latest details of which are set out in the article, include access to credit, retaining employees and key personnel, providing market stability and granting flexibility:
FEBRUARY 21 2018
Pick Your Poison: Supreme Court Finds Bank Liable For Third Party Employee's Fraud
The Supreme Court of Canada has clarified the limits of a major defence available to banks who face liability for processing fraudulent cheques...
APRIL 24 2017
Privacy And Property: The Supreme Court Clarifies The Limits Of PIPEDA
The Supreme Court of Canada has recently released a decision that will help clarify the relationship between legitimate business concerns and the privacy interests of individuals. In Royal Bank of Canada v Trang1("Trang"), the Supreme Court removed a number of hurdles that judgment creditors often face when attempting to execute against a judgment debtor's real property. To read the full article, Click Here.
AUGUST 17 2016
The New Frontier: Commercial Third-Party Litigation Funding
Investment in litigation by third parties was a taboo subject in Ontario, until relatively recently. Commercial third-party litigation funding is on the cusp of taking hold in Ontario, as it has in the United States, Australia and the UK. In this article, we will briefly examine the growth of this new solution to the funding dilemma surrounding large lawsuits in Ontario. Article Link: The New Frontier: Commercial Third-Party Litigation Funding
MARCH 17 2016
8 Tips for Building a Successful Alternative Fee Arrangement
Alternative Fee Arrangement (AFA) has become a buzzword in the legal community, and lawyers should expect clients to ask to enter into an AFA. Prepare yourself with these eight important tips for building an AFA.
DECEMBER 03 2015
Scott Venton and The Brewery Dragon's Den
Scott R. Venton co-presented at the Ontario Craft Brewers Conference and Suppliers Marketplace 2015 on October 22, 2015 at the Allstream Centre in Toronto on the topic of The Brewery Dragon’s Den: Start up/Operational Dos & Do Nots.
MAY 20 2015
Mortgages Must Be Enforced In Region of Property
OCTOBER 01 2009
Carrier Remedies When Load Brokers Go Broke
By: Scott R. Venton and Anas Youssef
Practice Areas
- Insolvency and Restructuring
- Asset Acquisition and Divestiture
- Asset Realization
- Bankruptcy
- Creditor's and Debtor's Rights
- Debtor-in-Possession Financing
- Restructuring
- Bankruptcy Litigation
- Litigation and Dispute Resolution
- Broker/Dealer Litigation
- Insurance Litigation
- Securities Litigation
- Commercial Litigation
- Advertising and Marketing
- Indigenous
Industry Groups
Representative Work
2000 - 2011
NOTABLE CASE CITATIONS
Counsel to Plaintiff
Wynn Las Vegas, LLC v. Teng, 2012 ONSC 1927 (CanLII)
Counsel to Defendant
Bank of America v. Jean Co. Ltd., 2006 Can LII 39310 (ON SC)
Counsel to Plaintiff
Meridian Credit Union Ltd. v. 984 Bay Street Inc., [2006] O.J. No. 3169
Counsel to Defendant
Linardos v. Landmark Vehicle Leasing Co. (c.o.b. Landmark Vehicle Leasing), [2006] O.J. No. 1890
Counsel to Plaintiff
Hepcoe Credit Union Ltd. v. Lashan Holdings Ltd., 2005 CanLII 9342 (ON SC)
Counsel for Third Party
Woodcliffe Corporation et al. v. Rotenberg et al., [2005] 201 O.A.C. 201 (Ont. C.A.); leave to appeal denied [2006] S.C.C.A. No. 432
Counsel to Children's Aid Society
Coroners' Inquest Touching The Death of Jordan Desmond Heikamp
Counsel to Employer
Hunt v. Sutton Group Incentive Realty Inc., 52 O.R. [2001] O.J. No. 374
Leading case in the area of employer/social host liability. Action against employer by employee following a motor vehicle collision in which the employee was intoxicated. Employee claimed employer was liable for employees consuming of liquor at Employers drop-in Client Christmas party.
Publications and Speaking Engagements
- Prgram Faculty and Speaker, The Osgoode Certificate in Gaming Law, on the topic of Compliance and Consumer Protection, November 5, 2018
- Co-presented a workshop at the Ontario First Nation Economic Forum on October 13, 2016 on the topic of Legal & Tax Immunity
- The New Frontier: Commercial Third-Party Litigation Funding, 2016, Author
- Co-presented at the Ontario Craft Brewers Conference and Suppliers Marketplace 2015 on October 22, 2015 at the Allstream Centre in Toronto on the topic of The Brewery Dragon’s Den: Start up/Operational Dos & Do Nots.
- Commercial Debt Collection in Canada: A Legal Handbook, 2012, Contributor
Memberships
- Ontario Bar Association
- Canadian Bar Association
- Metropolitan Toronto Lawyers Association
- Toronto Lawyers Club
- Medico-Legal Society of Toronto
- LSUC Lawyer Referral Service
- Advocates' Society
- Law Society of Ontario
Education
- Intensive Trial Advocacy Workshop, Osgoode Hall Law School, 2005
- Admitted to Ontario Bar, 2000
- Queens University, LL.B., 1998
- Wilfrid Laurier University, B.A. Hons. (Dean's List), 1995
