Practice

EXPERIENCE FROM MORE THAN ONE PERSPECTIVE

Fenton, Smith Barristers provides professional experience from both a defence and prosecutorial perspective. Our lawyers include two seasoned former Crown prosecutors. We have appeared at all levels of the courts, in Ontario and other provinces, including multiple appearances before the Supreme Court of Canada.

Past representations have included litigation involving individuals and corporations charged with criminal, quasi-criminal and regulatory offences, national and cross-border matters, defence of individuals and organizations in a broad range of high profile criminal prosecutions, extensive professional disciplinary work, special prosecutions and advisory work for special committees and boards of directors of corporations.

Criminal Litigation

Fenton, Smith Barristers has extensive experience covering the full gamut of penal offences under the Criminal Code and all applicable Federal and Provincial statutes. Our expertise extends from judicial interim release (bail), search warrants and production orders, evidence gathering orders under the Mutual Legal Assistance Treaty Act (MLAT), extradition and pre-trial motions to exclude evidence or stay proceedings, to preliminary inquiries, trials, judicial reviews and appeals in all types of criminal and quasi-criminal matters.

White Collar

Fenton, Smith Barristers represent clients in a range of white collar crimes including matters related to:

  • Administrative monetary penalties (AMPs)
  • Aeronautics Act
  • Antitrust/competition law
  • Corruption of Foreign Public Officials Act
  • Criminal Code
  • Customs Act and border crime
  • Elections Act 
  • Environmental Protection Act
  • Extractive Sector Transparency Measures Act
  • Fraud
  • Gaming
  • Insurance Act
  • Money Laundering
  • Occupational Health & Safety Act
  • Pension and Benefits Act
  • Regulatory prosecutions
  • Securities law/financial services
  • Tax evasion

We also have worked extensively with U.S. and other foreign legal counsel for clients with cross border matters involving a range of criminal, anti-trust, FCPA and securities issues.

Professional Discipline

Fenton, Smith Barristers provides highly discreet services at all times maintaining confidentiality for our professional clients facing investigations.  We have conducted hearings and appeals before a variety of regulatory bodies and professional disciplinary tribunals and understand the importance of maintaining our clients’ professional standing.  We work closely with them throughout the investigation and hearing to ensure the best possible outcome.

Our lawyers have represented clients before many professional disciplinary tribunals including:

  • Police Professional Standards Tribunals
  • Competition Bureau
  • Ontario Securities Commission
  • Law Society of Upper Canada
  • Royal College of Dental Surgeons
  • College of Physicians and Surgeons of Ontario
  • Chartered Professional Accountants (Ontario)
  • Justices of the Peace Review Council
  • Investment Industry Regulatory Organization of Canada

Judicial Reviews and Appeals

Fenton Smith, Barristers has extensive experience in a broad range of appellate litigation, including applications for bail pending appeal, motions in the nature of certiorari (and other extraordinary remedies), judicial review, and appeals from all levels of court and a variety of administrative tribunals, with numerous appearances before the Superior Court of Justice, Divisional Court of Ontario, Ontario Court of Appeal and Supreme Court of Canada, and periodic appearances before other Provincial appellate courts, including the British Columbia Court of Appeal and the Nova Scotia Court of Appeal.

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