MATTHEW SAMMON is an associate at Lenczner Slaght.

Matthew has a diverse litigation practice, including commercial litigation, professional liability, medical malpractice litigation, real property disputes, administrative law, commercial insolvency, environmental litigation, estates litigation, personal injury litigation, and employment law.   He appears regularly before all levels of court in Ontario, before administrative tribunals, and before arbitral tribunals in complex commercial cases.

Matthew has extensive experience in professional regulation.  He is a prosecutor for the College of Nurses of Ontario. He appears as defence counsel before various Committees of the College of Physicians and Surgeons of Ontario and before the Ontario Health Professions Review and Appeal Board. He has also appeared as counsel in a number of Coroner’s Inquests.

Matthew graduated from the Faculty of Law at the University of Toronto with a J.D. (Honours Standing) in 2001, where he was awarded, among other things, the Davies Ward & Beck Prize for Academic Achievement for ranking second in second year and the Class of 1967 Prize for ranking third in third year.  He has a B.A. (Highest Hons.) from Carleton University, as well an M.A. from the University of Toronto. He articled at Lenczner Slaght and was admitted to the Ontario Bar in 2002.

Matthew has taught trial advocacy at Osgoode Hall Law School, and is a member of the Advocates' Society, the Canadian Bar Association, and the Ontario Bar Association.
 

CASES

A representative list of Matthew’s cases follows:

Meady v. Greyhound Canada Transportation Corp. (2008), 90 O.R. (3d) 774 (C.A.) – lead counsel on precedent-setting appeal regarding the interpretation and application of the Limitations Act 2002 and the doctrine of special circumstances.

Kelly v. Ontario, (2008), 91 O.R. (3d) 100 (S.C.J.) – lead counsel for an applicant responding to a motion to strike a constitutional application. Successfully resisted a motion to strike the application.
     
Road Trailer Rentals Inc. v. Robinson, [2008] O.J. No. 570 (S.C.J.) – lead counsel for a defendant successfully responding to a motion for an interlocutory injunction in an employment matter.

Dufour v. Kim (2008) (S.C.J.) – unreported jury trial – co-counsel for the defendant in successfully defending malpractice case.

Gratzki v. Estate of Clark (2008) (S.C.J.) – unreported trial – lead counsel for the defendant estate in a medical malpractice case.  Action dismissed without costs on consent after four days of trial.
 

Caljet v. Baron (2008) (S.C.J.) – unreported – lead counsel for a respondent in a motion to continue a Mareva injunction.  Was successful in vacating the interlocutory order.

Royal Bank of Canada v. 1231640 Ontario Inc. (Trustee of), [2007] O.J. No. 4561 (C.A.) – appeal in a complex insolvency/receivership matter, regarding a motion for directions by a trustee in bankruptcy regarding the priority of secured creditors’ interests.  Leave to appeal granted by the S.C.C.

Wadsworth v. RBC Dominion Securities, [2006] O.J. No. 4011 (S.C.J.) varied, [2007] O.J. No. 1739  (C.A.) – lead counsel for the defendants on a successful motion for summary judgment in an employment matter and lead counsel for the respondent on appeal.

Meady v. Greyhound Canada Transportation Corp., [2007] O.J. No. 2208 (S.C.J.) – lead counsel for the respondent in a motion to add her to a proceeding under the special circumstances doctrine. Was successful in resisting the motion.

Dodd v. RBC Dominion Securities Inc., [2007] O.J. No. 2810 (S.C.J.) – co-counsel for the defendants in a trial regarding alleged negligent misrepresentation with respect to a commercial venture.  Was successful in defending the action.
           
Diaczuk v. Holloway, [2007] O.J. No. 1238 (S.C.J.) – co-counsel for the defendant in a medical malpractice case. Was successful in defending the action.
 
Dodd v. RBC Dominion Securities Inc., [2006] O.J. No. 4259 (S.C.J.) – lead counsel on a motion for summary judgment in a negligent misrepresentation case.

1231640 Ontario Inc. (Re), [2006] O.J. No. 2850 (S.C.J.) – a motion for directions by a trustee in bankruptcy in a complex insolvency/receivership matter, regarding the priority of secured creditors’ interests.

Dr. Martin Katzman v. Royal College of Dental Surgeons of Ontario et al (2006) – unreported – lead counsel on a successful motion by the defendant to determine questions of law and strike out portions of the plaintiff’s claim on the basis of absolute privilege and the Regulated Health Professions Act.
 
Blanchard v. Sherstan (2005) (S.C.J.) – unreported jury trial – co-counsel for the defendant in successfully defending a medical malpractice case.
 

Joseph v. Lefaivre Investments (Ottawa) Ltd., 2005 CanLII 19830 (S.C.J.) – lead counsel on a motion to transfer a class proceeding to a different venue.
 
Operation 1 Inc. v. Phillips, [2004] O.J. No. 5290 (S.C.J.) – co-counsel to the defendants on a motion for summary judgment and/or to stay the proceeding as an abuse of process.  Was successful in having the proceeding stayed on the basis of champerty.
 
McPherson v. Scully, [2004] O.J. No. 5235 (S.C.J.) – successful trial on behalf of the plaintiff regarding a breach of contract regarding the development of nursing homes in Ontario.
 
Reid v. Livingstone, [2004] O.J. No. 1477  (S.C.J.) – lead counsel on a successful motion for summary judgment in a medical malpractice action. 

Giroux Estate v. Trillium Health Centre (2004), 69 O.R. (3d) 689 (S.C.J.) – lead counsel on a motion dealing with the application of the doctrine of fraudulent concealment to s. 38 of the Trustee Act.

Ng v. Richmond York Developments (2004) (S.C.J.) – unreported – lead counsel on a successful motion by the Plaintiff to register a certificate of pending litigation in a real estate dispute.
 
Tzembelicos v. Tzembelicos, [2003] O.J. No. 4231 (C.A.) – appeal regarding a partnership dispute and the sale of partition and land.  Successful in resisting the appeal.
 
Canada (Information Commissioner) v. Canada (Minister of the Environment), [2003] F.C.J. No. 197 (C.A.) – appeal to the Federal Court of Appeal regarding the interpretation of the Access to Information Act and cabinet document privilege.
 
Tzembelicos v. Tzembelicos, [2002] O.J. NO. 4823 (S.C.J.) – application for partition and sale of partnership property and a counter-application under the Ontario Business Corporations Act and the Courts of Justice Act for a winding-up or for an auction and appraisal process to separate the partners.  Successful in resisting the application and imposing an auction process.

1098748 Ontario Ltd. v. Loblaws Inc., [2002] O.J. No. 4316 (C.A.) – appeal regarding in the interpretation of a commercial lease.
 
PSINet Ltd. (Re) (2002), 30 C.B.R. (4th) 226 (S.C.J.) – successful motion by a secured creditor to lift a stay imposed under the CCAA and re-perfect its general security agreement.