Practices in the areas of health law, appellate litigation and commercial litigation with focuses on commercial arbitrations, business and contractual disputes, shareholder disputes, administrative and public law, tribunals and commissions, professional negligence discipline, employment disputes, and appeals
Professional Achievements and Recognition
Certified as a Specialist in Civil Litigation by the Law Society of Upper Canada
Recognized and recommended by Lexpert as a leading lawyer in the areas of Medical Negligence and Corporate Commercial Litigation (2014)
Selected by her peers to be included in Best Lawyers in Canada for Commercial Litigation (2013-2015) and Health Care Law (2015)
Named by Lexpert as a “Litigator to Watch” in its US Guide to the Leading Cross-Border Litigators (2008-2009)
Recognized by Lexpert as a “Rising Star” – Canadian Leading Lawyers Under 40 (2008)
Numerous prizes for academic excellence at law school, including receipt of the Dean’s Key
Selected presentations/ publications
“Practice Management Essentials: Managing Your Way to Trial Success”, Panelist, The Advocates’ Society, May 23, 2014
“Summary Judgment in the Supreme Court of Canada: Hryniak v. Mauldin and Its Implications”, Panelist, Osgoode Hall Law School Webinar, March 26, 2014
“Opening Statements”, presented at Court House Series 2014: Marshalling the Evidence, The Advocates’ Society, February 27, 2014
“Summary Judgment Update and Hybrid Procedures”, Panelist, Law Society of Upper Canada Complex Commercial Litigation Matters program, March 28, 2013
“Orders and Enforcement in Arbitration”, Moderator, Toronto Commercial Arbitration Society Annual Conference, November 1, 2012
“The Honours and Awards Culture: Driving Career Success”, Moderator, Financial Executives International – SGH Chapter Dinner Meeting, October 25, 2012
“Written Advocacy in Arbitration”, Moderator, The Advocates’ Society, October 18, 2012
Chair, “Civil Litigation Summit”, Law Society of Upper Canada, 2012
“Summary Judgment Rule Revisited”, Osgoode Hall Law School Teleseminar: Critical Case Update, January 24, 2012
“Summary Judgment Rule”, presented at The Advocates’ Society Fall Convention, November 18, 2011
Chair, “How to Succeed in the New Era of Discoveries”, Law Society of Upper Canada, December 8, 2010
“Appeals from Interlocutory Orders”, presented at Civil Advocacy Before Trial: Essentials for New Litigators, Institute for Executive Legal Education, June 17, 2010
“Access to Justice and Civility”, presented at Civil Justice Reform in Action, Law Society of Upper Canada, October 14, 2009
"Interpreting standards of proof and review in health law" The Lawyers Weekly, May 1, 2009
“How to go for broke – without going broke – on appeal”, co-authored with Jasmine Akbarali, The Lawyers Weekly, August 28, 2008
Liu v. Wong (2016 ONCA) - The Court of Appeal dismissed the plaintiff’s appeal from an order for summary judgment, dismissing his action based on the expiry of the relevant limitation period and for failure to obtain an expert opinion. The court’s decision reviews the key principles arising from the caselaw in these areas.
Moore v. Getahun et al (2014, SC) – Cynthia was the counsel in this case which caused appellate review of expert evidence.
Land Lease Arbitration (2014-2015) – Cynthia was arbitration counsel on a complex land lease arbitration which involved the legal interpretation of a lease and the highest and best use to which a property could be made.
Muller v. Bluewater Recycling Association (2013, C.A.) – Cynthia acted on the successful appeal of a Norwich order. The appeal was dismissed as moot.
Mould Clean Laboratories Ltd. v. Fort Albany First Nation (2013, C.A.) – Cynthia successfully defeated a motion to stay enforcement pending appeal. The appeal did not meet any part of the three-part test for a stay.
Canada Trust Company v. Browne (2012, C.A.) – Cynthia acted with Earl Cherniak as counsel to the Children’s Lawyer on this appeal involving a variation of a trust affecting minors.
Toronto (City) ats 1784049 Ontario Limited (2010, SCJ) - Cynthia acted as counsel to the City on this successful motion of return of a privileged report, removal of counsel of record, and for the application to be struck.
Stewart Title ats. 1764139 Ontario Inc. (2010, C.A.) – Cynthia acted for the successful respondent, Stewart Title, on the application and appeal in this matter which involved the proper interpretation of exclusion clauses in an insurance policy.
Inquiry into Justice Paul Cosgrove - Cynthia assisted Earl A. Cherniak, Q.C., appointed as Independent Counsel by the Canadian Judicial Council ("CJC"), in the response to a constitutional challenge to the Judges Act arising in the inquiry into the conduct of Justice Cosgrove. Following the constitutional challenge, Cynthia was involved in the presentation of the case to the Inquiry Committee appointed by the CJC to review the conduct of Justice Cosgrove in hearings held in September, 2008. Cynthia also appeared with Earl before the full CJC in a hearing in March, 2009.
Land Lease Arbitration (2007-2008) – Cynthia acted on a complex land lease arbitration which examined the development potential of a piece of property within the context of determining rents to be paid under the contractual terms of a lease renewal.
SOS - Save Our St. Clair Inc. v. City of Toronto and TTC (2005, Div Ct) - Cynthia and Earl were counsel to the City of Toronto on this motion for a recusal of a judge who heard an application for judicial review.
Stoody v. Kennedy et al. (2004, CA) - Cynthia acted for a director and the officers of a corporation at trial and on appeal, arising from a claim of a dismissed employee for oppression. The Court of Appeal agreed with Cynthia's submissions that officers were not personally liable for oppression in the circumstances, and that the director was not liable in oppression as a result of his attendance, as corporate representative, at the prior wrongful dismissal trial. The common law duties of directors and officers are owed to the corporation they serve, not to dismissed employees. Leave to the Supreme Court was dismissed.