Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Osgoode Hall Law School (2017) JD
- University of St. Michael’s College, Toronto (2014) PhD
- Lee University, Tennessee (2002) BA
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
Derek Knoke (he/him)
is an associate at Lenczner Slaght.
Derek has a broad civil litigation practice, with a particular focus on appeals, commercial litigation and defamation.
He also regularly defends physicians in medical malpractice and professional liability matters.
Derek is a graduate of Osgoode Hall Law School, where he won several course prizes. Prior to joining Lenczner Slaght, Derek served as a judicial law clerk for judges of the Court of Appeal for Ontario.
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Township of Georgian Bay v OBD Developments Inc
Counsel for the responding party, OBD Developments Inc, in successfully responding to a motion for leave to appeal a decision from the Ontario Land Tribunal.
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Counsel to the plaintiffs/respondents, Benny Marotta and Solmar Development Corp., in a defamation action. Successfully resisted an anti-SLAPP motion, which sought to dismiss the claim.
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Counsel to the respondent doctor in successfully obtaining a summary dismissal of an application brought by a former patient alleging discrimination with respect to medical services because of disability.
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Castillo v Xela Enterprises Ltd
Counsel to the court-appointed receiver in contempt proceedings on the Commercial List. Successfully obtained a finding of civil contempt and a full indemnity costs award – both of which were upheld on appeal.
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Xavier Tu v Ireland Byrne et al
Counsel for the Defendants in a defamation action.
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Successful counsel to the plaintiff in upholding a trial judgment imposing liability on the Corporation of the County of Simcoe for failing to keep a roadway in a reasonable state of repair. The Court of Appeal for Ontario agreed that the plaintiff/respondent was not contributorily negligent and affirmed judgment in the amount of $16,000,000.
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Successful counsel to a defendant/moving party in a motion to strike a statement of claim, which sought $2,000,000 in damages for defamation. Despite being an opposed motion in-writing, the Superior Court of Justice granted the motion and awarded costs.
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VIA Rail Canada Inc v Canadian National Railway Company
Counsel to Canadian National Railway Company in an application brought by VIA before the Canada Transportation Agency to impose a new contract on CN.
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Canadian Thermo Windows v Seangio
Counsel to the moving defendants in a successful Anti-SLAPP motion, which determined when a motion is “made”.
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Counsel to Respondent Physicians in a successful interlocutory motion, seeking a declaration that the Plaintiffs had impliedly waived privilege over information upon which they relied for their motion to add the Respondent Physicians to the Plaintiffs’ action after the presumptive expiry of the limitation period.
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The Advocates' Society
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Canadian Bar Association
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Ontario Bar Association - Member-at-Large of the Entertainment and Media Section
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Ontario Court of Appeal Rules on Defamation and Online Reviews
In Benchwood Builders Inc v Prescott, the Court of Appeal for Ontario provided further guidance on the interpretation of section 137.1 of the Courts of Justice Act, commonly known as anti-SLAPP legislation. This legislation provides a quick screening mechanism to dismiss lawsuits that unduly limit expressions related to a matter of public interest – often referred to as Strategic Lawsuits Against Public Participation (SLAPP).
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Contempt on the Commercial List
Court orders must be obeyed. If they are not, the consequences can be severe.
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When Must an Anti-SLAPP Motion Be Heard?
Ontario’s Anti-SLAPP legislation (ss 137.1 to 137.5 of the Courts of Justice Act) provides a judicial screening device. It is designed to swiftly eliminate claims that unduly limit freedom of expression on matters of public interest. Since coming into force, courts have considered, at length, the substantive issues. To date, little guidance has been provided on the procedural issues.
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LCO recommendations point to meaningful change in class actions
The July 17, 2019 final report of the Law Commission of Ontario into class actions has the potential to impact significantly on the prosecution and defence of class actions in Ontario.
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In 2018, Parliament passed the Greenhouse Gas Pollution Pricing Act (the “Act”). The Act applies in provinces and territories that have not implemented sufficiently stringent carbon pricing mechanisms regarding greenhouse gas (“GHG”). Part 1 of the Act imposes a regulatory charge on carbon-based fuels; it applies, subject to several rules and exceptions, to fuels produced, delivered, used, distributed, or imported (“Fuel Charge”). Part 2 of the Act establishes a regulatory trading system applicable to large industrial GHG emitters. A credit is given to those who operate within their emissions’ limit. A charge is imposed on those who exceed it (“Excess Emissions Charge”).
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William C. McDowell and Derek Knoke were mentioned in a Toronto Star article, which looks into a defamation lawsuit concerning a dance group and their former leader and employer.
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Ontario couple 'bullied' by window company over bad reviews awarded $166,000
Lawrence E. Thacker and Derek Knoke were were interviewed by CTV News following the decision in Canadian Thermo Windows v Seangio in favour of our clients.
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Lenczner Slaght Welcomes Five New Associates
Canada’s leading litigation firm continues to add to its collective experience and knowledge with the addition of five talented associates.
Lenczner Slaght is delighted to welcome Derek Knoke, Graham Henry, Jonathan D. Langley, Sean Lewis, and Zachary Rosen to the firm as our new associates.
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2024 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2024 Snapshot, which highlights the most significant developments, decisions, and trends in litigation from the past year across 20 areas of expertise. Reflect on 2024 and look ahead to 2025 through the lens of our expert litigators.
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Derek Knoke was invited to share his expertise at the OBA's call in series titled Keeping up with Health Law. Derek discussed the recent decision in Zimmerman v McNaull.