Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Dalhousie University (1996) LLB
- University of Manitoba (1992) BA (Honours)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Scott Rollwagen
is Partner at Lenczner Slaght.
"He has a complete comprehension and grasp of the law. He is also excellent in its application. In fact, it is remarkable to see the breadth he has in all areas of law, which is quite unique." — Chambers Canada
Scott provides our clients with strategic advice and analysis to solve complex legal problems quickly and effectively. He crafts creative solutions that are tailored specifically to each unique litigation objective. He also leads our firm's research team.
Prior to joining Lenczner Slaght, Scott spent 15 years with a major national law firm, honing his skills in legal analysis and argument. He has played an instrumental role in many high-profile and precedent-setting cases involving banking, corporate oppression, insolvency and restructuring, securities, pensions, derivatives, auditors' negligence and other complex commercial disputes – at all levels of court, including the Supreme Court of Canada.
Scott also brings extensive corporate advisory experience to our firm. He has guided banking and insurance clients on the legal dimensions of providing cross-border financial services and has advised boards of directors during contested takeover bids. In addition, he has significant public law expertise, including in cases involving aboriginal issues.
Drawing on his deep knowledge of the law, Scott has contributed articles on a wide range of topics to legal publications.
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Financial Services Regulatory Authority of Ontario v Pace Savings & Credit
Counsel to the board of directors of a credit union placed under administration proceedings by a regulator.
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Annapolis Group v Halifax Regional Municipality
Counsel to the plaintiff in an action concerning alleged de facto expropriation, misfeasance in public office, and unjust enrichment relating to the plaintiff’s efforts to develop its lands within the Halifax Regional Municipality. Successfully represented the plaintiff at the Supreme Court of Canada with the Court clarifying the test for de facto expropriation and concluding that our client’s claim for de facto expropriation could proceed to trial.
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Urban Mechanical Contracting Ltd et al v Zurich Insurance Company Ltd
Counsel to Zurich in an appeal from several applications brought by the lenders and subcontractors on the St. Michael’s Hospital Redevelopment Project in Toronto. The lenders and subcontractors sought to prevent Zurich from seeking rescission of surety bonds worth nearly $300 million in a separate action. The Court of Appeal dismissed the appeal, allowing Zurich to continue with its action for rescission.
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Counsel to Crosslinx Transit Solutions Constructors in an application against Metrolinx and Ontario Infrastructure (HMQE) in relation to HMQE’s failure to declare an emergency as a result of the COVID-19 pandemic. Crosslinx is a design and construction consortium established to deliver and maintain the Eglinton Crosstown LRT, the second largest Canadian transit infrastructure project. We successfully resisted a motion to stay and succeeded entirely on the application to obtain contractual relief due to the pandemic. This is notable as it may have broader implications for other P3 Projects across the province of Ontario.
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Counsel for the intervener Ontario Superior Court Judges Association in the successful judicial review commenced by the Honourable Justice Patrick Smith challenging two decisions of the Canadian Judicial Council which were critical of Justice Smith’s decision to serve as Interim Dean (Academic) at the Bora Laskin Faculty of Law at Lakehead University.
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Counsel to Zurich in an action to rescind surety bonds worth nearly $300 million, and to recover over $68 million, due to collusion and misrepresentations in the bidding process for the St. Michael’s Hospital Redevelopment Project in Toronto.
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Toronto District School Board v Province of Ontario
Counsel to the Toronto District School Board in a judicial review before the Divisional Court of portions of the Education Act.
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Friends of Toronto Public Cemeteries Inc v Public Guardian and Trustee
Counsel to the successful appellant Mount Pleasant Group of Cemeteries before the Court of Appeal for Ontario overturning a decision regarding the interpretation of historical corporate governance legislation related to one of Toronto’s iconic historical landmarks.
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Counsel to a general contractor in respect of a complex mediation/prospective arbitration process regarding a subway extension project.
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Icona Hospitality v 2748355 Canada Inc et al
Counsel to a major real estate development company on appeal in a dispute relating to a large residential development and the interpretation of a restrictive covenant agreement.
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Canadian Bar Association
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Ontario Bar Association
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The (Corporate) Mind Is Its Own Place
As important as corporations are to modern commerce, Courts have long struggled with how to make these fictional persons responsible for their actions when allegations against them require the Court to assess their state of mind. The problem is as old as the modern corporation, and can cause exasperation when corporations fail, leading Lord Chancellor Thurlow in the 18th century to remark that a corporation, being a fiction, “has neither a body to kick, nor soul to be damned.”
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Court of Appeal Polices Strategic Behavior in Valuation Under a Buy-Sell
A recent decision of the Ontario Court of Appeal illustrates how the doctrine of repudiation of contracts applies to buy-sell agreements. The Court found that a contract created under a buy-sell mechanism can be repudiated where one party's conduct undermines the integrity of the valuation machinery of the buy-sell.
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The Court Stresses Stability and Coherence: The Top 10 SCC Private Law Cases in 2021
If there is a theme unifying the Court’s most significant private law decisions of 2021, that theme is coherence. From the principles of good faith policing contractual discretion, to the principles defining what policy decisions of public authorities are immune from negligence, this year’s decisions display a Court paying careful attention to order and structure.
Click here for Scott Rollwagen and Kaitlin Soye's case commentary on the top 10 SCC private law cases in 2021.
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Private Practice and the Duties of Tribunal Counsel
A recent decision of the Canadian International Trade Tribunal (CITT) provides rare guidance on the issues that can arise when counsel to an administrative tribunal enters private practice and begins to advise parties to matters before the tribunal. In Certain Container Chassis, the CITT rejected a motion seeking to remove counsel to a complainant because counsel had recently been employed by the Tribunal.
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The Supreme Court of Canada released its long-anticipated decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District today, a major decision concerning the scope of the obligation to perform and enforce contracts in good faith. While it rejected any suggestion that it is the Court’s role to impose unbargained-for terms on a private agreement, the Court affirmed a general power—that cannot be excluded—to police the exercise of discretion under contracts where its exercise would undermine the purpose of the parties’ agreement.
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Public Values, Private Law: The Key SCC Private Law Cases in 2020
In 2020 the Supreme Court of Canada tested the boundaries between public and private law, releasing several decisions in which the Court struggled with the role that Courts should be playing in holding parties to public standards of justice and fairness in their private dealings.
Click here for Scott Rollwagen's case commentary on those key decisions.
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On January 1, 2021, significant changes to the Rules of Civil Procedure will come into force. The COVID-19 pandemic has materially transformed the day-to-day practice of litigation, and these rule changes are a significant attempt to capture the pragmatism and efficiencies that the pandemic has pushed litigators to adopt to keep their files moving.
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Mr. Sub franchisees order a large class action, but the Supreme Court is fresh out of duty of care
The concept of a duty of care is foundational to the common law concept of negligence. Whether a duty of care exists and, if so, the scope of that duty of care are hotly contested issues that have made their way to the Supreme Court of Canada many times over the last few decades. Today, the Supreme Court of Canada released its long-anticipated decision in 1688782 Ontario Inc v Maple Leaf Foods Inc, in which a narrow majority of the Supreme Court found that Maple Leaf Foods owed no duty of care to Mr. Sub franchisees in connection with a listeria outbreak and product recall. While the principles set out in Maple Leaf Foods are not fundamentally new, the majority’s decision provides insight into the application of the duty of care analysis in cases involving pure economic loss.
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The Supreme Court of Canada Affirms the Anti-Deprivation Rule in Bankruptcy
In Chandos Construction Ltd v Deloitte Restructuring Inc ("Capital Steel") a strong majority of the Supreme Court of Canada affirmed the continuing relevance in Canada of the common-law anti-deprivation rule in insolvency. The rule invalidates any provision in an agreement providing that upon an insolvency (or bankruptcy), value is removed from the reach of the insolvent person’s creditors which would otherwise have been available to them, and places that value in the hands of others. It is a rule protecting the strong public policy in favour of the fair distribution of an insolvent person's assets among unsecured creditors.
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Court of Appeal Affirms Jurisdiction to Hear Appeals in Writing
The old saying that "to a hammer, every problem looks like a nail" is disquietingly relevant to traditional approaches to the dispensation of justice. For a long time, commentators have observed that the legal profession and the Courts lag behind much of the rest of society in leveraging digital resources to improve the quality, speed, and efficiency of litigation.
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Lenczner Slaght Lawyers Recognized as Canada’s Leading Litigators
Following an in-depth peer review process across the legal profession, 21 Lenczner Slaght lawyers have been recognized in the 2024 Lexpert Special Edition: Canada’s Leading Litigation Lawyers guide for their extensive courtroom experience and subject-matter expertise.
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Leveraging AI in Legal Research: Shovels Versus Spoons
Interviewed by Canadian Lawyer, Scott Rollwagen highlights how AI tools like Alexi help you assess faster whether a strategy is optimal, but the actual solution requires the human element.
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Lenczner Slaght Litigators Recognized as the Best Lawyers in Canada
In the 2025 edition of Best Lawyers in Canada, Lenczner Slaght is proud to receive 168 total rankings, with 45 of our expert litigators recognized for their expertise across 25 practice areas.
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The 2024 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
Lenczner Slaght’s litigators continue to be recognized by their peers as the foremost practitioners in their fields.
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Top 10 Business Decisions of 2022–2023
Peter Griffin, Rebecca Jones, and Scott Rollwagen were featured in Lexpert's Top 10 Business Decisions of 2022-23 for their success in the case Annapolis Group Inc v Halifax Regional Municipality, which represents an important decision that clarified the test for constructive taking. Rebecca Jones was further interviewed.
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Lenczner Slaght Litigators Recognized as Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 41 of our expert litigators are recognized for their expertise across 24 practice areas. The following lawyers have also been recognized as “Lawyer of the Year” for receiving the highest overall peer-feedback in their practice areas in Toronto.
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Lenczner Slaght’s Litigation Excellence Recognized in 2023 Lexpert Directory
Following comprehensive peer review surveys and interviews with senior members in the legal profession, the 2023 Canadian Legal Lexpert Directory has recognized 31 of the firm’s expert litigators for their experience, knowledge, and precision, with 108 rankings spanning 17 practice areas.
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Lenczner Slaght Successful for Annapolis at Supreme Court of Canada
In Annapolis Group Inc. v Halifax Regional Municipality, our expert litigators were successful at the Supreme Court of Canada in reversing a decision of the Nova Scotia Court of Appeal granting summary judgment against Annapolis Group Inc. (“Annapolis”). The Supreme Court of Canada concluded that Annapolis’ claim for de facto expropriation (or, “constructive taking”, the term preferred by the majority of the Supreme Court) could proceed to trial. Peter Griffin, Scott Rollwagen, Rebecca Jones and Amy Sherrard were counsel to Annapolis Group, the successful appellant.
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SCC Takes Expansive Approach to Regulatory ‘Constructive Taking’ Claims Against Public Authorities
The Lawyer's Daily discussed the SCC's decision in Annapolis Group Inc. v Halifax Regional Municipality. As counsel to the successful appellant, Peter Griffin, Scott Rollwagen, Rebecca Jones, and Amy Sherrard are mentioned in the article.
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Lenczner Slaght Litigators Recognized Among the Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 39 of our expert litigators are recognized by their peers for their expertise across 24 practice areas.
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Get An Edge: AI And Legal Tech Tools
Scott Rollwagen was invited to present at the Federation of Ontario Law Associations 2024 Spring Plenary program titled, Get An Edge: AI And Legal Tech Tools. Scott shared his insights on how AI tools and new legal technologies provided him with an edge. Attendees gained insights on how to leverage these resources to improve their legal research, case analysis, and client file management skills.
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Monique Jilesen and Scott Rollwagen led a Mondaq webinar on How the Pandemic May Impact the Canadian Legal Landscape in the Short and Long Term. Monique and Scott discussed the potential legal issues surrounding the pandemic now and in the future.
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Vavilov in the age of the autocrat: Law as power that justifies itself
Scott Rollwagen and Rebecca Jones co-authored the article "Vavilov in the age of the autocrat: Law as power that justifies itself", which appeared in the Fall 2020 Issue of The Advocates' Journal.
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Commercial Litigation and Arbitration Review
Scott Rollwagen, Sana Halwani, and Paul-Erik Veel's article "Do courts have jurisdiction to order virtual hearings? Absolutely!" was published in the August 2020 volume of the Commercial Litigation and Arbitration Review.
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Sana Halwani, Monique Jilesen, Scott Rollwagen, and Paul-Erik Veel shared their expertise at the Virtual GC Forum on May 12.
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Top Appeals of 2019 from the Court of Appeal for Ontario
Scott Rollwagen presented at the Ontario Bar Association's online program Top Appeals of 2019 from the Court of Appeal for Ontario. Scott discussed the implications of the decision in The Guarantee Company of North America v RBC.
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Bill C-97 will complicate insolvency in 2020
Scott Rollwagen's article Bill C-97 will complicate insolvency in 2020 appeared in The Lawyer's Daily on January 7. In this article, Scott discusses the far-reaching implications of the changes introduced by Bill C-97.
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OBA Construction and Infrastructure Law Section
Scott Rollwagen shared his expertise on the panel Construction Trusts: A‐1 Asphalt and Competing Perspectives from the Construction and Insolvency Bars. Scott explored the implications of the Ontario Court of Appeal decision in The Guarantee Company of North America v Royal Bank of Canada and provide insight on how it will impact both the construction and insolvency bars.
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Alive and well: Construction Lien Act deemed trust after bankruptcy
Matthew Lerner and Scott Rollwagen co-authored the article Alive and well: Construction Lien Act deemed trust after bankruptcy in The Lawyer's Daily February 8, 2019 edition. They discuss the recent decision in Guarantee Company of North America v Royal Bank of Canada that has upset the long-standing conventional wisdom among bankruptcy and insolvency practitioners in Ontario about the fate of provincially-created statutory trusts in bankruptcy.
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Are courts of appeal becoming Bleak Houses?
Scott Rollwagen's article Are courts of appeal becoming Bleak Houses? appeared in the October 16, 2017 issue of Law Times. Scott discusses the serious implications of Canadian appelate courts' steadily increasing willingness to defer to first intsance decision-makers.
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Best Lawyers in Canada (2021-2025)
Administrative & Public Law, Appellate Practice, Corporate & Commercial Litigation, Health Care Law
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Canadian Legal Lexpert® Directory (2020-2024)
Litigation - Corporate Commercial, Professional Liability
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2020, 2024)