Heather Devine - Isaacs & Co.

Heather Devine

Listed in Best Lawyers since 2014
Phone: 416-601-0610

Heather Devine is a business litigator who practices in all levels of Court in Canada.

Ms. Devine enjoys providing domestic and international companies with an interest in transportation with advice to enforce and protect their interests. She has litigated disputes in the areas of: trade secrets, confidential information, patent and trademarks, regulatory compliance, corporate governance, breaches of contract and product liability. She specializes in representing companies with cross-border interests which require coordinated litigation with foreign legal counsel, and was lead counsel in an ICC arbitration where the damages awarded were €8 million.

Ms. Devine represents Canadian companies at all levels of court: Provincial Court (defending regulatory compliance); Ontario Superior Court of Justice (injunctions, oppression remedies, torts, breach of contract, and some intellectual property rights); and the Federal Court of Canada (patent, trademark, admiralty, maritime law and aviation). Ms. Devine has a particular fondness for issues arising in the transportation industry. Many clients enjoy the benefit of Ms. Devine’s extensive professional network, both within her firm and internationally; whatever the specialized nature of a problem, Ms. Devine will assist with identifying the best legal counsel for a client’s needs. 

Additional Information


Intellectual Property Litigation

  • Successful Judicial Review Application to obtain order overturning refusal of Patent Commissioner to grant a patent on grounds that final action must contain all objections, and none can be withheld 
  • Advise and strategize re trademark, trade secret actions in Ontario Superior Court of Justice 
  • Advise and strategize re patent litigation including defending against infringement claims, and prosecuting infringement claims in the Federal Court of Canada and Federal Court of Appeal

Transportation Law

  • Prosecuted motion to stay order of government officials on behalf of a National Trucking and Heavy Equipment Private Career College
  • Successfully obtained order regarding termination of multi-million dollar Purchase Agreement for a CL-850 (Bombardier Challenger) without costs
  • Successfully advised and defended international carriers regarding claims of spoilage of cargo
  • Advised pilots re meeting regulatory requirements for reporting aviation accidents
Part 2

Corporate Governance & Directors' Liability

  • Advised Board of Directors and assisted with denying bid to absorb Canadian corporation by U.S. Parent
  • Prevented dilution of shares of shareholder/director in corporations with $8 million in revenue
  • Successfully obtained award over $1.5 million and conferral of shares held in trust, and appointment of new board
  • Devised s.253 of the OBCA argument to protect rights of guarantors, shareholders, who are not a director, to books and records of corporation, decision on appeal protected
  • Reversed oppression remedy claim to ensure share and asset purchase
  • Advised Empire Club of Canada on redrafting and updating By-Law No. 1

Condominium Law & Property Management

  • Advises and represents property management companies on all matters pertaining to business litigation, and requiring knowledge of the Condominium Act and its regulations
  • Represents several Condominium Corporations, protecting their interests and advising on corporate governance litigation
  • Successfully removed ‘rogue’ director from Board of Directors
Part 3

Manufacturing and Construction Law

  • Arbitration of breach of contract/negligence re construction of small harbour
  • Successfully obtained decision awarding shared liability against international manufacturer of steel and roofing tiles
  • Litigation of breach of contract (CCDC2)/negligence re deficient construction of underground parking lot
  • Litigation against architect for deficient preparation of tender documents

Employment and Labour Law

  • Litigation of wrongful dismissal of executives including issues such as interpretation of complex stock options, golden parachutes, international bonuses and commissions from a management and corporate defence perspective
  • Defended and prosecuted many cases of wrongful dismissal including shareholder claims, pension benefit calculations

Jury Trial

  • Prosecuted and won a lengthy jury trial and obtained costs award of $345,000

Judicial Review

  • Successfully obtained award to cause Patent Commissioner to grant a patent improperly refused 
  • Successfully obtained award quashing applications for judicial review brought by city employees
  • Prosecuted motion to stay order of government officials on behalf of a national trucking and heavy equipment private career college
Part 4


  • Obtained and enforced a statutory injunction for a municipality
  • Obtained a positive injunction for a student to continue in a nursing program
  • Obtained a vesting order on short notice
  • Successfully defended an injunction on 24-hour notice

 Professional Negligence

  • Assisted with defending a top-five accounting firm against a Canadian bank in a very large, document-intensive case involving allegations of professional negligence by both the bank and the accounting firm

 Class Actions

  • Strategy and court appearances for class action suit regarding a de-listed brokerage company and its principals on behalf of several plaintiff investors
  • Worked on class action defence team providing analysis and court appearances regarding various procedural and substantive issues pertaining to class action litigation (national and international) for manufacturing and biochemical matters
Part 5

Private Career Colleges

  • Successfully forced the Ministry of Training Colleges & Universities (MTCU) to allow private career college to operate when closed
  • Advised private career colleges re TCAF
  • Advised private career colleges on Private Career Colleges Act and regulations, and resolved many issues with MTCU representatives
  • Prosecuted motion to stay order of government officials on behalf of a national trucking and heavy equipment private career college

Regulatory Work

  • Extensive experience in litigating aspects of the Regulated Health Professions Act
  • Successfully litigated against the MTCU at the Licence Appeal Tribunal
  • Personally retained to litigate the reappointment of the first female Olympic Swimming Coach to the Canadian Olympic Swimming Team
  • Assisted with various matters in Nova Scotia and Ontario including injunctions, applications and two appeals (Ontario Court of Appeal) including moving successfully for a statutory injunction pertaining to municipal by-laws and regulations under the Planning Act and the Provincial Offences Act
  • Brought in a plaintiffs’ class action suit related to a de-listed brokerage company and its principals on behalf of several investors
  • Personally defended against a de-listing at a suspension meeting held by the TSE; personally argued and assisted with successfully defending against counterclaims of $11 million involving issues of alleged stock manipulation in Scintilore Explorations Limited v. Larche
Queen's UniversityCarleton UniversityBA Carleton UniversityM.J
Lawyer and Pilots Bar, AssociationTransportation Lawyers AssociationCanadian Transportation Lawyers AssociationCanadian Bar AssociationOntario Bar AssociationAdvocates' SocietyYMCACanadian Owners & Pilots AssociationChild Advocacy ProjectHamilton Law Association

Office Location

11 King Street West, Suite 1200
Toronto, ON M5H 4C7

Practice Areas

Transportation Law