John Philpott

Partner

Toronto

Office

416.597.4395

[email protected]

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Industries & Expertise

Biography

BAR ADMISSION

Ontario, 2011

Education

Juris Doctorate, University of Toronto, Faculty of Law, 2010
MSc (Global Politics), London School of Economics, 2007
B.A. (Honours), Queen’s University, 2004

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John Philpott is praised by clients for his sharp insights, honest advice, and unwavering advocacy in the areas of commercial and civil litigation. His focus is on delivering top-notch results swiftly. With diverse experience across various courts and arbitration settings, John excels in handling disputes from shareholder rights and contract disputes to fraud matters. His proficiency extends to copyright, defamation, malicious prosecution and a host of other areas.

John has spoken and written on a variety of legal topics in Canada and the United States, including copyright infringement, extraordinary remedies, and solicitor client privilege. He has also made several televised appearances. John demonstrates a dedication to his community through his involvement in multiple organizations focusing on community stewardship, and environmental and municipal concerns.

Industry involvement

Notable matters

Gullins v. Maxim, 2018 ONSC 3163: Successfully conducted trial for corporate defendant and directors against terminated partner on issues of shareholder oppression and contractual interpretation
Deltro Electric Ltd. v. Director, Electrical Safety Code, 2018 ONSC 2286: Successfully conducted two week administrative trial on whether defendant regulator adhered to statutory requirements when it set regulatory fees and the scope of its regulatory mandate; Successfully responded to Divisional Court appeal
Cache Metals RRSP Inc. et al v. Salama et al, 2015 ONSC 4566, upheld on appeal in 2015 ONSC 7856: Obtained urgent Mareva injunction, Anton Pillar order, and certificate of pending litigation against high level employee alleged to have stolen $1M of company property; defended motion to strike and/or vary order; subsequently obtained judgment
Edgetch HVAC Services Ltd. v Ubhi, 2016 ONSC 7564, upheld on appeal in 2017 ONSC 317: Obtained injunction restraining departing director and employees from competing and soliciting customers and other employees; defended Divisional Court motion seeking stay of order
Avan v. Benarroch, 2017 ONSC 4729: Obtained certificates of pending litigation against three properties on basis of undocumented loan agreement; defeated cross-motion for security for costs against client who is a Florida resident on basis of client’s interest in an Ontario default judgment; subsequently defeated motion seeking consolidation with a related family law matter (Avan v. Benarroch, 2019 ONSC 1111)
Voltage Picture LLC v. John Doe, 2014 FC 161:Successful in Anton Pillar motion against third party internet service provider in copyright claim brought on behalf of movie production company
Advanced Explorations Inc. v. Storm Capital Corp., 2014 ONSC 3918: Obtained judgment via commercial arbitration in “finders fee” case dealing with issues contractual interpretation, share valuation, and securities law registration requirements
Bossio v. Nutok Corporation, 2015 ONSC 1305: Obtained judgment as sole counsel in matter involving multiple promissory notes, mortgages, and other agreements; conducted power of sale over defendant’s property
Pirani v. Esmail, 2014 ONCA 145: Successfully responded to appeal of trial judgment on issues of breach of trust and breach of fiduciary regarding rental property held in trust for client
Pirani v. Esmail, 2013 ONSC 4199: Defeated motion seeking to enforce undertaking as to damages stemming from Mareva injunction
Nuvius Bankcard Services et al. v. Dowty, 2012 ONSC4835: Successfully opposed motion seeking determination that defamatory demand letter was protected by absolute privilege; subsequently positively resolved this defamation dispute
Davydiuk v. Internet Archive Canada, 2014 FC 944: Acted for former film worker in early internet “right to be forgotten” copyright case against an internet archive company; successful on motion determining that action had real and substantial connection to Ontario notwithstanding that the defendant’s archive operations were not in Ontario; successful on appeal of the motion and on defending a subsequent summary judgment motion (see Davydiuk v. Internet Archive Canada 2016 FC 1313)
Clark v Sports Cafe Champions a.k.a. 1682211 Ontario Inc., 2016 ONSC 7303: Successful in Rule 2.01 motion to have matter dismissed as frivolous, vexatious and an abuse of process; order upheld before Court of Appeal
Dominion of Canada v. Ali, 2016 ONSC 4604: Acted for insured on application seeking to enforce settlement; successfully argued that Court did not have jurisdiction to hear application and obtained order for full indemnity costs; successful in having settlement declared unenforceable by FSCO Arbitrator due to non-adherence by insurer to strict statutory requirements
Achieved positive resolution for developer in expropriation/nuisance claim against the Ministry of Transportation where MTO refused to approve project or expropriate land

Community roles

Thunder Beach Association: long serving member of the Board of Directors for the Thunder Beach Association, an organization dedicated to community stewardship in Georgian Bay
Former Board Member of the Federation of Tiny Township Shoreline Associations, an organization dedicated primarily towards environmental and municipal issues in Georgian Bay

Memberships & affiliations

The Advocates’ Society
Canadian Bar Association
Ontario Bar Association
Canadian International Council