At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Blair W.M. Bowen

Partner

Toronto

PROFILE

Blair is a trial lawyer specializing in corporate and commercial litigation and has conducted more than 40 trials and commercial arbitrations and more than 15 appeals.

Blair has appeared as counsel in matters before the Superior Courts of the provinces of Ontario, British Columbia and Nova Scotia, the Courts of Appeal for Ontario and British Columbia, the Federal Court of Canada, the Tax Court of Canada, the Ontario Securities Commission and the applications for leave to appeal to the Supreme Court of Canada.

Read Blair's blog at Bowen's Law.

Publications

OCTOBER 03 2017

Medical Device Manufacturer's Duty To Warn

SEPTEMBER 03 2013

ILN-terviews: Blair Bowen, Fogler, Rubinoff LLP

Read the International Lawyers Network's profile of one of our Partners, Blair Bowen.

ILN-terviews: Blair Bowen, Fogler, Rubinoff LLP

Representative Work

Counsel for the Independent Committee of Thirdcoast – Ontario Securities Commission – Parrish & Heimbecker, Limited v. Thirdcoast Limited

2012 – Counsel for the Independent Committee of Thirdcoast – Ontario Securities Commission – Parrish & Heimbecker, Limited v. Thirdcoast Limited – Application by shareholder for order cease trading a shareholders rights plan implemented by company in response to an insider takeover bid.

Counsel for the Applicant Shareholders – Ontario Superior Court Justice – Ebrahim v. Continental Precious Minerals

2012 – Counsel for the Applicant Shareholders – Ontario Superior Court Justice – Ebrahim v. Continental Precious Minerals – Application for order directing the manner in which a shareholders meeting was to be held pursuant to the provisions of the Ontario Business Corporations Act dissident shareholders challenged a company's by-law amendment which resulted in failure to achieve a quorum for the election of director for a period of 15 years since the amendment. Reported at 2012 ONSC 2918 (CanLII)

Trial Counsel for the Appellant – Ontario Superior Court of Justice – 1200757 Ontario Limited v. Minister of Finance

2011 – Trial Counsel for the Appellant – Ontario Superior Court of Justice – 1200757 Ontario Limited v. Minister of Finance – Appellant successfully appealed notices of assessment under the Corporations Tax Act. Partnership owned and operated a hydro­electric power generating facility and sold power to Ontario Hydro pursuant to the terms of a power purchase agreement. At issue was whether payments received by the partnership from Ontario Hydro for the purchase of power and paid to partnership's secured lender was taxable as income to the partnership. Reported at 2011 ONSC 4959 (CanLII)

Trial Counsel for the Plaintiff – Ontario Superior Court of Justice – Achampong v. Kwaw

2011 – Trial Counsel for the Plaintiff – Ontario Superior Court of Justice – Achampong v. Kwaw – Successful in prosecuting claims against plaintiff's former lawyer. Lawyer had failed to follow his client's instructions, preferred his own interests ahead of the interests of his client's and misappropriated his client's funds in connection with a series of real estate transactions. Reported at 2011 ONSC 566 (CanLII)

Trial Counsel for the Appellants –Tax Court of Canada – 966838 Ontario Inc., et al. v. Her Majesty the Queen

2009 – Trial Counsel for the Appellants –Tax Court of Canada – 966838 Ontario Inc., et al. v. Her Majesty the Queen – Counsel in respect of appeals from reassessments made under the Income Tax Act. At issue was whether deductions from business income in respect of uncollectable advances by the company's sale shareholder created an integrated manufacturing enterprise where losses arising in the ordinary course of business were property deductable in computing profit pursuant to the principles of income computation under the Income Tax Act. Reported at 2009 TCC 2E6 (CanLll)

Counsel for the Defendant – Ontario Superior Court of Justice – Bennett v. Bennett Environmental Inc.

2007 – Counsel for the Defendant – Ontario Superior Court of Justice – Bennett v. Bennett Environmental Inc. – Application to determine whether former founder, officer and director of company was entitled to be indemnified for a fine levied by the Ontario Securities Commission and for his legal costs. At issue were principles of indemnification for directors and officers under the Canadian Business Corporations Act regarding the requirement for indemnification for directors and officers. Reported at 2008 CanLll 63561 (ON SC)

Trial Counsel for the defendant – Ontario Superior Court of Justice – Fraser v. ProScience

2005 – Trial Counsel for the defendant – Ontario Superior Court of Justice – Fraser v. ProScience – Successful in obtaining a dismissal, after trial disloyal employees claim for wrongful dismissal and in enforcing employers counterclaim for employees breach of fiduciary duties by operating own business while employed as senior manager of company. Reported at 42 C.C.E.L. (3d) 245 (Ont. S.C.J.)

Counsel for respondent – Ontario Superior Court of Justice – Szczerba v. St. Stanislaus-St. Casimir's Polish Parishes Credit Union Ltd.

2003 – Counsel for respondent – Ontario Superior Court of Justice – Szczerba v. St. Stanislaus-St. Casimir's Polish Parishes Credit Union Ltd. – Successfully persuaded applications judge to confirm decision of Credit Union's board of directors to declare vacant seat of rogue director for breach of directors duty of confidentiality and failure to act in the best interests of the Credit Union. Reported at (2003) 31 B.L.R. (3d) 252 (Ont. S.C.J.).

Trial and Appeal Counsel for plaintiff – Ontario Superior Court of Justice – United Laboratories, Inc. v. Abraham

2002 – Trial and Appeal Counsel for plaintiff – Ontario Superior Court of Justice – United Laboratories, Inc. v. Abraham – Successfully enforced in Ontario, after trial, a judgment of the United States District Court, which awarded compensatory damages, punitive damages and attorney's fees as a consequence of the defendants' breach of a United States federal statute. Reported at 62 O.R. (3d) 26 (2002) (Ont. S.C.J.)

Counsel for defendant – Ontario Court of Appeal – Gibson v. Open Text Corp.

2000 – Counsel for defendant – Ontario Court of Appeal – Gibson v. Open Text Corp. – Assisted in successfully persuading Ontario Court of Appeal to reverse trial judge's finding that termination provisions in an internet software company's stock option plan that required that a person be employed by the company in order to exercise stock options did not apply to an external consultant. Reported at [2000] O.J. No. 1697 (Ont. C.A.)

Trial and Appeal Counsel for defendant – Felker v. Cunningham

2000 – Trial and Appeal Counsel for defendant – Felker v. Cunningham – Successfully persuaded the Ontario Court of Appeal to overturn a trial decision involving issues of breach of fiduciary duty by executive of manufacturer's sales representative company. The employee had attempted to operate his own business in competition with his employer without first obtaining his employer's fully informed consent. Reported at 191 D.L.R. (4th) 734 (Ontario Court of Appeal— leave to appeal to Supreme Court of Canada denied)

Trial Counsel for defendant – Ontario Superior Court of Justice – Matrix Photocatalytic Inc. v. Purifics Environmental Technologies Inc.

2000 – Trial Counsel for defendant – Ontario Superior Court of Justice – Matrix Photocatalytic Inc. v. Purifics Environmental Technologies Inc. – Successfully defended departing senior executives of environmental technology company who were successful in developing their own technology in multi-million dollar action brought by their former employer. The claims dismissed included patent infringement, breach of confidence and breach of fiduciary duty. Successfully overturned interlocutory injunction that had prevented employees from soliciting potential customers. Reported at (2000) 10 B.L.R. (3d) 296 (Ont. S.C.J.)

Counsel for plaintiff – Ontario Court of Appeal – Sidaplex-Plastic Suppliers, Inc. v. Elta Group Inc.

1998 – Counsel for plaintiff – Ontario Court of Appeal – Sidaplex-Plastic Suppliers, Inc. v. Elta Group Inc. – Successfully persuaded the Ontario Court of Appeal to overturn an application judge's ruling under Ontario's Bulk Sales Act held in a corporate oppression case that a creditor had status as a complainant and could obtain payment of its debt from the corporation's sole shareholder, officer and director. Reported at 40 O.R. (3d) 563 (1998) and at 162 D.L.R. (4th) 367 (Ont. C.A.)

Appeal Counsel for defendant – Ontario Court of Appeal – Whitby (Town) v. Sunoco Inc.

1998 – Appeal Counsel for defendant – Ontario Court of Appeal – Whitby (Town) v. Sunoco Inc. – Successfully persuaded the Ontario Court of Appeal to uphold application judge's interpretation of municipal by-law. The court found that the lease of part of a gas station kiosk to a donut business was an accessory use and normally incidental to and subordinate to the main use of the premises as a mini-mart. Reported at [1998] O.J. No. 252 (Ont. C.A.)

Counsel for defendant – Ontario Court General Division – Hough v. Brunswick Centres Inc.

1997 – Counsel for defendant – Ontario Court General Division – Hough v. Brunswick Centres Inc. – Successfully persuaded motions judge to apply legal principle of issue estoppel to factual findings made by board of referees of employment insurance commission in circumstances where the commission had ruled that the employee had been dismissed for misconduct. Reported at (1997), 28 C.C.E.L. (2d) 36 (Ont. Ct. Gen. Div.)

Appeal Counsel for Applicant – Ontario Court of Appeal – Chung v. 741501 Ontario Ltd.

1996 – Appeal Counsel for Applicant – Ontario Court of Appeal – Chung v. 741501 Ontario Ltd. – Successfully persuaded the Ontario Court of Appeal to uphold application judge's ruling that permitted prospective residential condominium purchasers to rescind agreements of purchase and sale after builder had delayed unreasonably in completing condominium units. Reported at [1996] O.J. No. 3731 (Ont. C.A.)

Counsel for plaintiff – Ontario High Court of Justice – Reliance Electric Ltd. v. G.N.S. Contractors Inc.

1989 – Counsel for plaintiff – Ontario High Court of Justice – Reliance Electric Ltd. v. G.N.S. Contractors Inc. – Successful in determining limitation of entitlement of lien claimants to lesser of amount actually owing to subcontractor and amount of required holdback and further limited to pro rata share of holdback monies. Reported at (1989) 70 O.R. (2d) 364 (Ont. H.C.J.)

Published Works

  • International Tracing of Assets, 2001, (Sweet & Maxwell Limited, London, UK), Contributor,
  • Dispute Resolution in North America, 2020, Contributing Editor

Speaking Engagements

  • Legal Writing, August 14, 2012, Fogler, Rubinoff (In-house), Presenter
  • A Summary Judgment Motion Primer, June 30, 2009, Canadian Association of Black Lawyers, Presenter

Memberships

  • Canadian Bar Association, 1985 to present
  • Toronto Commercial Arbitration Society, 2010 to present
  • The Advocates' Society, 1996 to present
  • Law Society Tribunal Chair's Practice Roundtable

Click here to view Blair's TCAS profile

Directorships

  • Sir William Campbell Foundation, Board of Directors, 2011 - Present

Education

  • Ontario Bar, 1985
  • Queen's University, LL.B., 1983
  • University of Waterloo, B.Sc. (Hons.), 1980

Community Service

  • Canadian Africa Partnership on AIDS, Board of Directors, 2011 to present
  • East York Basketball Club, Director, 2007 to present
Portrait

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