Duncan C. Boswell

Duncan Boswell is an exceptional commercial litigator who has conducted dozens of trials, arbitrations and appeals in over 20 years at the bar. Based in Gowling WLG's Toronto office, he is known for his strategic thinking on the most sophisticated corporate and commercial disputes.

Duncan has a wealth of experience in commercial matters, including:

  • contract disputes
  • oppression actions
  • banking litigation
  • shareholder disputes
  • real estate disputes
  • class actions
  • environmental contamination
  • professional negligence

Duncan has applied his considerable knowledge, resourcefulness and skill to advise clients in various industries, including the banking, mining and construction sectors.He provides clear, understandable and practical advice to clients across Canada, the U.S. and Asia. An excellent defence counsel, Duncan can quickly analyze the key facts and issues, understand the business needs, and propose clear game plans to achieve the desired outcome.

Duncan was a law clerk to the Honourable Mr. Justice Peter deC. Cory of the Supreme Court of Canada, an honour reserved for the brightest minds in law school. Duncan taught Civil Litigation for a number of years at the Bar Admission course of the Law Society of Upper Canada, and his practical side comes from a Bachelor of Science (Chemical Engineering) degree. An ardent hockey fan, he still plays and coaches his two sons' teams, instilling the importance of teamwork into the next generation.

Career & Recognition

Filter timeline:

Memberships

  • Canadian Bar Association
  • e-Discovery Implementation Committee
  • Metropolitan Toronto Lawyers' Association
  • The Advocates' Society

Duncan is a frequent speaker on the topic of e-Discovery issues, including:

Electronic Evidence:  From Admissibility to Spoliation (September 19, 2007, Evidence Law for the Civil Litigator, Osgoode Hall Law School)

Sink or Swim:  Will Your Records Management Practices Stand Up to Close Scrutiny (November 2009, Commercial Litigation Review)

Electronic Evidence and SOAPS (Sources, Organizations, Admissibility, Preservation, Spoliation), (October 2010, Evidence Law for the Civil Litigator, Osgoode Hall Law School)

Using E-Records as Documentary Evidence (September 2011, Infonex eRecords Conference)

New and Emerging Issues re: New Technology (April 2013, The Osgoode Certificate in E-Discovery, Records Management, Information Governance and Privacy, Osgoode Hall Law School)

A sampling of the matters for which Duncan has been retained include:

  • Defending a $1 billion lawsuit in regards to ownership of an Ontario casino, including allegations of destruction of electronic records;
  • Prosecuting an arbitration on behalf of a large mining client with respect to a multi-million dollar joint venture agreement exploration and development agreement in Quebec;
  • Defending numerous arbitrations on behalf of a large mining client with respect to obligations under unanimous shareholder agreements with respect to construction of a mine in Northern Quebec
  • Prosecuting a multi-million dollar claim by a large financial institution as against former employees, including allegations of breach of fiduciary duties, breach of duties of good faith, and appropriation of corporate opportunities;
  • Prosecuting a multi-million dollar claim by a foreign government as against an illegal lottery telemarketing operation;
  • Upholding an appeal from a multi-million dollar trial judgment regarding a 200-acre real estate development project;
  • Defending a multi-million dollar action regarding the staking and development of a large Canadian gold mine, including allegations of breach of fiduciary duty, breach of contract, and abuse of process; and
  • Defending a multi-million dollar product liability action regarding chemical components of an insect repellent.