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Rueters LLP | Barry Weintraub
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  • Barry Weintraub
  • Barry Weintraub - Barry’s practice includes litigation of corporate/commercial, environmental and employment matters.
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Education
University of Toronto L.L.B., 1987
University of Toronto B.A., 1984
University of Lethbridge 1980-1982

Barry Weintraub

Barry is a partner at Rueters LLP.  Barry’s practice includes litigation of corporate/commercial, environmental and employment matters.

Barry is an experienced and successful trial and appellate counsel. He has made more than 1000 appearances in various types of proceedings before various courts at all stages of litigation and has also appeared before several different administrative tribunals. Barry has acted as counsel in numerous mediations and commercial arbitrations.

Barry is Chair of the National Environment, Energy and Resources Law Section of the Canadian Bar Association and Past-Chair of the Civil Litigation Section and Environmental Law Section of the Ontario Bar Association.  He was previously an adjunct professor of law teaching a course called Perspectives on Civil Litigation, Procedure and Professionalism for several years at the University of Toronto Faculty of Law and Queen’s University Faculty of Law. He has a long record of service to the profession, including teaching in the Law Society of Upper Canada Bar Admission Course and serving on a joint bench/bar/attorney-general committee on the implementation of case management in Ontario. He writes and speaks frequently on a variety of commercial and environmental litigation matters.

Corporate/Commercial Litigation

Barry has experience in various specialized areas of corporate/commercial litigation, including shareholder remedies, contract disputes, banking and investment management, injunctions, regulatory proceedings, professional negligence, estates/trusts and fraud. He has handled large, complex matters involving co-ordination of litigation team efforts and extensive documentary and factual circumstances.

Major commercial cases handled by Barry include shareholder disputes involving buy/sell mechanisms, litigation arising out of financial restructurings, and bank guarantee and mortgage actions. His major commercial trials include Chitel v. Bank of Montreal; Adelaide Capital Corporation v. Cowieson; Royal Trust Corporation v. Royal Bank of Canada; National Bank of Canada v. the Estate of Harold Ballard. Barry has also been counsel on numerous high and low profile defamation cases, including Finta v. CTV, Pindling v. NBC and Botiuk v. Toronto Free Press.

Environmental Law

Barry has experience in all aspects of environmental litigation, including civil litigation of liability for cleanups of historical contamination, appeals of regulatory orders, defence of environmental prosecutions and environmental assessments. He also provides compliance and transactional advice to major corporations. Barry has been recognized by his peers in Best Lawyers in Canada and has been listed as a Leading Environmental Lawyer in Lexpert Magazine since 2012.

His clients include large and small businesses, financial institutions, professionals and individuals. He has acted in several leading cases on director and officer liability for environmental issues of bankrupt companies (Gaffney v. MOECC re Huron Concrete in 2015-2017 and Baker v. MOE re Northstar Aerospace in 2013), and was successful defence counsel in a leading environmental prosecution on the scope of the due diligence defence. He previously represented the Ontario Ministry of the Environment and other ministries in civil litigation arising from a major spill into a public waterway.

Employment Litigation

Barry is an experienced workplace investigator and has an extensive practice in employment law matters, including cases involving wrongful dismissal, restrictive covenants and human rights. He acts for both employers and executives in wrongful dismissal matters and has conducted or acted as counsel in numerous workplace investigations on a variety of issues (including fraud and harassment investigations for public companies). Barry has also handled a broad variety of human rights cases, including workplace harassment and discrimination cases involving race, religion, gender and disability. He was counsel for the successful complainant in the historic Tahmourpour v. RCMP case before the Canadian Human Rights Tribunal and Federal Court of Appeal, and has also acted in several administrative hearings, judicial reviews and constitutional cases.

Contact

(416) 597-5402

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Selected Publications

  • Baker v. Director, MOE: Pouncing on Convenient Victims

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  • “Federal Conservation Statutes” Moderator of Canadian Bar Association National Environment, Energy & Resources Law Section Webinar June 11, 2013.

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  • “Limitation Periods” – Roundtable Presentation to International Congress of Shopping Centres Law Conference, February 22, 2013.

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  • “Effective Examinations: Things They Never Told Us”, Ontario Bar Association Civil Litigation Section, Program Chair and Speaker, Annual Institute, February 7, 2013.

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  • “Compliance With Regulatory Requirements”, “The Benefits of Environmental Due Diligence”, “Reporting Requirements” and “Environmental Issues in Business Transactions”, Chair, Speaker and Panelist, Canadian Environmental Conference, April 30, 2013.

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  • “Winning Discovery”, in Ontario Bar Association Civil Litigation Fundamentals Sunrise Series, November 14, 2012.

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  • “Environmental Causes of Action” and “A Return to First Principles: Breathing New Life into the Tort of Trespass in Environmental Cases”, in “Anatomy of an Environmental Civil Action, Part I,” Ontario Bar Association May 30, 2012. a

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  • “Ontario Court of Appeal Narrows Environmental Torts in Inco Class Action”, Environews, December 2011 and Ontario Bar Association Civil Litigation Section Newsletter, January 2012.

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  • “Environmental Class Actions Involving Contaminated Land: The Aftermath of the Ontario Court of Appeal Decision in the Inco Class Action”, Canadian Bar Association National Teleconference, Program Chair and Speaker, November 29, 2011. - See more at: http://rslawyers.com/our-lawyers/barry-weintraub/#sthash.78HZNeZG.dpuf

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