Duncan C. Boswell

Duncan Boswell is a partner in Gowling WLG’s Toronto office with a broad practice in civil and commercial litigation. A former engineer, Duncan brings a practical and strategic approach to sophisticated corporate and commercial disputes.

Over his 30-year career at the bar, Duncan has conducted numerous trials, arbitrations, and appeals at all level of court, including appearing in the Supreme Court of Canada and Courts of Appeal for Ontario and Alberta. He has reported cases in such diverse areas as contract law, shareholder disputes, product liability, banking law, mining, environmental law, bankruptcy law, and class actions.

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

Duncan is a former law clerk to the Honourable Mr. Justice Peter deC. Cory of the Supreme Court of Canada. 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 BSc in Chemical Engineering. Lexpert has also recognized Duncan numerous times as a leading commercial counsel in Canada.

Associations professionnelles

  • 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)

Mandats représentatifs

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.