Doug Hyndman
Chairman and CEO, Canadian Securities Transition Office, Vancouver

Doug Hyndman was chairman of the British Columbia Securities Commission for 22 years before he was chosen to head the Canadian Securities Transition Office in July 2009. He also served as chairman of the Accounting Standards Oversight Council, which oversees the setting of accounting standards in the business world, from 2005 to 2010. In his current position, he will steer the CSTO as it leads all aspects of the transition to a national securities regulator, including the development of the federal Securities Act, collaborating with provinces and territories, and developing and implementing an organizational and administrative transition plan. On July 13, Hyndman released the CSTO’s initial transition plan. As such, he’s likely to face a tough road ahead but at the same time will have great influence over the future and direction of business law in Canada, a role that can’t be understated.

What panellists had to say:

“A uniter and canny strategist.”

CORRECTION

If he thinks like one, looks like one, acts like one. . . . Some might say, in the parlance of the securities markets, that due diligence was somewhat lacking. Doug Hyndman, chairman and CEO of the Canadian Securities Transition Office in Vancouver was named one of The Top 25 Most Influential in the law in Canada. While he is and will have a great impact on securities regulation in this country, he did not officially meet the list’s criteria of being a lawyer. But as one of the many readers who wrote in to correct Canadian Lawyer, Hyndman is not a lawyer but “brilliant like one and thinks like one.” Perhaps our friends at one of the fine law schools across this country should consider him for an honourary law degree and bring him into the fold.

Alan Lenczner
Partner, Lenczner Slaght Royce Smith Griffin LLP, Toronto

Considered by many to be one of Canada’s leading litigators, Alan Lenczner is highly regarded by those in the legal profession. He is one of the co-founders of Lenczner Slaght Royce Smith Griffin LLP, one of Canada’s premier litigation practices, and has been a part of several groundbreaking cases (perhaps most notably the 1989 Lac Minerals Ltd. v. International Corona Resources Ltd.). Aside from his work inside the courtroom, he is also an established lecturer, and is well known among young lawyers. He’s representing the controversial Eleanor Clitheroe, ousted CEO of Hydro One Inc., who in June was denied a bid for more retirement cash — above her monthly pension of $25,637.08 — by the Ontario Court of Appeal.

What panellists had to say:

“Alan is a top-flight lawyer. But more than that, he was a pioneer in terms of law firm structure.”

“Continues to be retained by top-notch clients on some of the country’s most contentious litigation matters.”

David Lepofsky
Ontario Ministry of the Attorney General, Crown Law Office, Toronto

Blind for much of his life, David Lepofsky has gained a reputation for being an advocate for the blind and disabled. He is a founding member of the Canadian Association for Visually Impaired Lawyers, and a former chairman of the Ontarians with Disabilities Act committee. He is now the chairman of the AODA Alliance, a disability consumer advocacy group. Lepofsky played an instrumental role in the battle to get equal rights for disabled persons included in the Charter of Rights and Freedoms. And, to top it all off, he was awarded the Order of Canada in 1995. At the Crown Law Office, he has argued criminal cases from the provincial level all the way to the Supreme Court of Canada. He is one of Canada’s most well-known and respected lawyers.

What panellists had to say:

“He continues to fight the good fight for disabled people everywhere.”

Rob Nicholson
Minister of Justice and attorney general of Canada, MP, Niagara Falls, Ont.

As the minister of Justice and attorney general, Rob Nicholson is clearly a central figure in the Canadian justice system. He has been involved with politics for years, and was first elected to Parliament in 1984. He was appointed to his current position in 2007, and during his tenure has been no stranger to controversy, particularly within the bar over much of the Conservative government’s wave of law-and-order legislation. Recently, he has come under heavy fire after he agreed to the extradition of Marc Emery to the United States. Emery, a well-known Canadian marijuana activist, is currently serving a five-year sentence in the U.S. for selling marijuana seeds, and while Nicholson has received criticism from Emery’s fellow activists and others, he would not be swayed.

What panellists had to say:

“He has a profound impact on law reform.”

“Deserves a spot on the list, regardless of any opposition to his controversial approach.”

Richard Peck
Partner, Peck & Co., Vancouver

Criminal lawyer Richard Peck has been a part of some of the most notorious cases in Canadian legal history. In May, he acted as independent prosecutor for Ontario in the case of criminal charges of dangerous driving and negligence against former attorney general Michael Bryant in the death of cyclist Darcy Allan Sheppard. He controversially said charges should be dropped as there was no reasonable chance of conviction. In June, as special prosecutor once again in British Columbia, he announced he’d be revisiting the question of whether criminal charges should be laid against police in the death by Taser of Robert Dziekanski. Also of note, he led a team of nine lawyers and successfully defended Ajaib Singh Bagri, one of the men accused of being the mastermind behind the Air India bombing of 1985. As well, he represented John Robin Sharpe, who was charged with possession of child pornography. Based on Peck’s defence, the Supreme Court of Canada ruled that prosecution could not stem from works of imagination for personal use.

What panellists had to say:

“You need to get the big cases to have power and influence. Based on that, he belongs on the list.”

Harvey T. Strosberg
Senior partner, Sutts Strosberg LLP, Windsor, Ont.

With the rise of the class action bar in the Canadian legal field in the last 25 years, Harvey Strosberg has emerged as one of the country’s top class action lawyers and commercial litigators. He has consistently appeared on any list celebrating the top lawyers in Canada, and served as treasurer of the Law Society of Upper Canada from 1997 to 1999. One of his most famous settlements came during the hepatitis C class action, which settled for $850 million. In total, he has recovered over $1 billion for his clients, a statistic that played a significant role in landing him a spot on this list. He continues to front some of the largest class action cases in the country.

What panellists had to say:

“He’s one guy that defendants hope is not leading the charge on the other side.”

Lorne Waldman
Lorne Waldman & Associates, Toronto

Lorne Waldman is one of the top immigration and refugee lawyers in the country. He served as co-counsel for Maher Arar during the public inquiry into Arar’s deportation from the United States to Syria. In 2007, he was honoured by the Canadian Bar Association with the Louis St-Laurent award of excellence, recognizing his contributions to the legal profession. Waldman frequently contributes articles on human rights issues to various publications, and has been appointed an adjunct professor of law at the University of Ottawa law school and Osgoode Hall Law School. In June, he emerged as the representative plaintiff in a class action against publishing giant Thomson Reuters Corp. that claims lawyers’ copyright has been infringed through the reproduction and sale of their court documents through its Westlaw database.

What panellists had to say:

“Lorne Waldman has had a profound influence on how Canada handles national security law.”

Alan N. Young
Associate professor, Osgoode Hall Law School, Toronto

During his colourful career, civil libertarian Alan Young has tackled many hard-hitting issues such as the legalization of marijuana. He is notorious for providing legal services to individuals whose alternative lifestyles have led them to the courtroom — one of his most significant cases was the “bondage bungalow” dominatrix case in 1998. As well, he is behind the constitutional challenge to Canada’s prostitution laws. While continuing to maintain his practice, which specializes in criminal law, he is also an associate professor at Osgoode Hall Law School, where he is the director of the Innocence Project, which involves LLB students in the investigation of suspected cases of wrongful conviction and imprisonment. 

Our judging panel

We did run into some bumps along the way. As always, we strive to get representation from across the country but our judges from British Columbia as well as token parliamentarian agreed but didn’t come through and efforts to get a former member of the judiciary didn’t work out so well either. Nonetheless, an excellent panel of judges put forth almost 50 candidates from which our Top 25 were chosen.

External

Halifax: John MacL. Rogers, CEO, Stewart McKelvey
Montreal: Yves Fortier, chairman emeritus, Ogilvy Renault LLP
Toronto: Clay Horner, partner, Osler Hoskin & Harcourt LLP
Toronto: Paul Copeland, human rights lawyer and former Law Society of Upper Canada bencher
Ottawa: Eugene Meehan, partner, Lang Michener LLP and former Canadian Bar Association president
Edmonton: Anne McLellan, former attorney general of Canada, now counsel with Bennett Jones LLP and special faculty member at University of Alberta
In-house counsel: Melissa Kennedy, general counsel, corporate secretary, and senior vice president corporate affairs, Ontario Teachers’ Pension Plan
Legal academia: Ian Holloway, dean, University of Western Ontario law school

Internal

Gail J. Cohen, editorial director, Canadian Lawyer and Law Times
Glenn Kauth, editor, Law Times
Robert Todd, staff writer, Canadian Lawyer and Law Times
Kelly Harris, former editor, Canadian Lawyer InHouse
Ruth Epstein, vice president, Canada Law Book
Adam Lepofsky, president, RainMaker Group

This article was compiled with the research assistance of Bryan Smith.