Our Team

Wendy Matheson

Partner

	Direct: 416.865.8133 Office: Toronto Fax: 416.865.7380 Email: wmatheson@torys.com

	Wendy is repeatedly recognized as a leading litigator in Canada.

Practice

Wendy Matheson is a senior trial and appellate counsel with a civil litigation practice that focuses on corporate and commercial matters, technology and intellectual property, payments and cards, product liability, media law, privacy, professional discipline and negligence and public law. She has appeared as counsel at all levels of court in Ontario, at the Federal Court (trial and appellate courts), before the Supreme Court of Canada and in commercial arbitrations. She has also appeared before a number of administrative tribunals.

Wendy has extensive class action experience, acting as counsel in a broad range of proceedings commenced under the Class Proceedings Act including matters related to commercial transactions, credit cards, residential mortgages, product liability, acquisition financing, sales practices, consumer protection and demutualization.

Wendy’s practice also has a significant technology component, including disputes regarding e-commerce, electronic rights, licensing, privacy, ISP liability and a range of issues relating to the Internet. Prior to entering law school in 1983, Wendy was Software and Systems Specialist with Hewlett-Packard.

Recognitions

Chambers & Partners' Chambers Global: The World's Leading Lawyers for Business, the Client's Guide, 2013—Leading lawyer in dispute resolution (Ontario), and in class action (defence)

Lexpert/American Lawyer's Guide to the Leading 500 Lawyers in Canada, 2012-2013—Leading lawyer in corporate commercial litigation

Legal Media Group's Benchmark Canada, 2013—Leading litigator in class actions, commercial, intellectual property and product liability

Best Lawyers in Canada, 2008-2013—Leading lawyer in class action litigation

Best Lawyers in Canada, 2013—Leading lawyer in administrative and public law

Lexpert/Thomson Reuters' Canadian Legal Lexpert Directory, 2012—Most frequently recommended practitioner in corporate/commercial litigation; repeatedly recommended in directors' and officers' liability, class actions litigation and in public law litigation

Chambers & Partners' Chambers Global: The World's Leading Lawyers for Business, the Client's Guide, 2011-2012—Leading lawyer in dispute resolution (Ontario)

Practical Law Company's Which lawyer? 2008-2012—Recommended practitioner in Ontario in dispute resolution

Lexpert's 2012 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada—Leading lawyer in corporate commercial and securities

Legal Media Group's Benchmark Canada, 2012—Leading litigator in class actions, commercial, intellectual property, product liability and professional liability

Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory, 2011—Repeatedly recommended practitioner in corporate/commercial litigation, class actions litigation and product liability litigation

Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory, 2010—Repeatedly recommended practitioner in corporate/commercial litigation and class actions litigation

Real Time News' LawDay, 2009—Leading lawyer in class action/defence

Practical Law Company’s Cross-Border Dispute Resolution Handbook, 2008-2009—Leading practitioner in dispute resolution

Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory, 2008-2009—Repeatedly recommended practitioner in corporate/commercial litigation

Lexpert’s Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers, 2007—Leading lawyer in corporate/commercial litigation; class action litigation; and securities litigation

Cases

Wendy has recently acted as Counsel for

a major Canadian Internet service provider in litigation seeking disclosure of customer information for a P2P copyright claim and related privacy issues, in the Federal Court of Appeal
an intervener in the Supreme Court of Canada in the appeal regarding libel exposure for hyperlinking
two major Canadian financial institutions in the trial and appeal of two class actions arising from an acquisition
an intervener in the Court of Appeal, in an appeal regarding access to electronic information
a Canadian financial institution in the successful defence of a proposed class action regarding residential mortgages
The Thomson Corporation and other media companies in class actions concerning electronic publishing and intellectual property issues
interveners in the Supreme Court of Canada in two cases regarding the scope of fair dealing under the Copyright Act
a U.S. computer chip manufacturer in its defence of product liability claims
major Canadian and U.S. insurers in class action litigation arising from demutualizations
The Advocates’ Society in its intervention in the Supreme Court of Canada in an appeal regarding access to information legislation and the scope of exemptions for privilege
major Canadian insurers in class action claims concerning premium offset and other issues regarding insurance products and services
various businesses in technology litigation concerning licensing, distribution, implementation and customization of computer hardware and software
numerous Canadian newspapers in defending defamation and other media-related claims
a complainant and an intervener in a Canadian Human Rights Tribunal hearing concerning hate propaganda on the Internet, and related Federal Court proceedings

Professional Involvement

Wendy is a Bencher at the Law Society of Upper Canada and a Fellow of the American College of Trial Lawyers. Wendy served two terms as a director of The Advocates’ Society, and for three years, was the chair of its Education Committee. Wendy is the lead lecturer for Protecting Intangible Business Interests, a course of the Master’s Program for Intellectual Property at Osgoode Hall Law School, and was an adjunct professor of Osgoode Hall Law School. Wendy has taught trial, appellate and written advocacy for many years. She has also, for a number of years, co-chaired the annual advocacy program jointly sponsored by The Advocates’ Society and the American College of Trial Lawyers, as well as the Written Advocacy program run jointly by The Advocates’ Society and Osgoode Hall Law School. Wendy is also a co-chair of the University of Toronto Academic Tribunal.

Selected Publications and Presentations

Advocacy in the Real World: Practical Tips, Updates and Strategies
Co-Chair, Joint Conference of The Advocates’ Society and the American College of Trial Lawyers, 2013; panelist, "Effective Trial Management" | 2013

U.S. Supreme Court Raises Bar to Certify Class Actions
Litigation and Dispute Resolution Bulletin | April 17, 2013

Class Action Costs & Funding
Panel, 10th National Symposium on Class Actions, Osgoode Hall Law School | 2013

The Class Action Trial: The Merits are Back
Class Action Defence Quarterly, vol. 7, no. 3 | March 2013

Canada’s Supreme Court Protects Privacy in Texting
Litigation and Dispute Resolution Bulletin | March 28, 2013

Complex Commercial Litigation
Professionalism Panel, Law Society of Upper Canada | 2013

Crisis Management
The Osgoode Certificate in Regulatory Compliance & Risk Management for Financial Institutions | 2013

National Class Actions: What is working and what remains to be solved
Panel, Western Canadian Class Actions Conference | 2013

Osgoode Certificate in Regulatory Compliance & Legal Risk Management for Financial Institutions
Instructor | January-March, 2013

Successfully Preparing for and Conducting Common Issues Trials
Panel, Canadian Institute’s 13th Annual Forum on Class Actions Litigation | 2012

Privacy Class Actions: Once More into the Breach?
Class Action Defence Quarterly, vol. 6, no. 3 | March 2012

Responding Effectively to Judges in Court
Canadian Lawyer's Arguably the Best | August 22, 2011

Trial of a Class Action: How Trial Practices Differ from Non-class actions
Panel, Northwind Class Actions Invitational Forum | June 20, 2011

Practical Advocacy: Critical Updates, Latest Tools and Creative Solutions
Co-chair, Joint Conference of The Advocates’ Society and the American College of Trial Lawyers | 2011

Expert Reports: Communicating with Counsel, Privilege and Production Rules
National Expert Witness Academy, The Advocates’ Society | 2011

Privacy Class Actions Are Here, But Do We Need Them?
Canadian Privacy Law Review, vol. 8, no. 3 | January 2011

Canada's Federal Court Sidesteps Constitutional Challenge to Privacy Law
Canadian Privacy Law Review, vol. 7, no. 12 | November 2010

Writing for Litigators
The Canadian Bar Association's Skilled Lawyer Series | 2010, 2011

Implied Waiver of Solicitor-Client privilege in Civil Litigation
Annual Review of Civil Litigation, Tenth Anniversary Edition (Thomson Reuters, Carswell) | 2010

Written Advocacy
Co-chair, Joint Program of The Advocates' Society and Osgoode Hall Law School | 2010, 2011

Civility: 10 Litigators to Watch Out For
Torys LLP | September 2010

A Mari usque ad Mare (From Sea to Sea), Judicial and Regulatory Decisions across Canada
Panelist, Canadian Life and Health Insurance Association | 2010

Public Courts and Commercial Secrets: A Balancing Act
Commercial Litigation Review, vol. 8, no. 3 | August 2010

Appellate Court Clarifies Limits of Internet Anonymity
Internet and E-Commerce Law in Canada, vol. 11, no. 3 | July 2010

Canadian Parliament Proposes PIPEDA Amendments, Anti-Spam Law
World Data Protection Report, vol. 10, no. 6 | June 2010

Becoming Jane or John Doe: Can Civil Litigants Use a Pseudonym to Protect Their Privacy?
Canadian Privacy Law Review, vol. 7, no. 7 | June 2010

The Class Action Trial: How Does it Work?
Osgoode Class Action Symposium | 2010

Panel of Senior Counsel on Special Strategic, Tactical and Legal Issues, Injunctions: A Practical Guide
Osgoode Hall Law School Professional Development | 2010

Digital Rights Contracts
Osgoode Hall Law School and Nathanson Centre Seminar on Media Suppression | 2010

Advanced Roundtable in Civil Litigation
Co-chair, Law Society of Upper Canada | 2010

Mastering the Art of Advocacy
Co-chair, Joint Conference of The Advocates' Society and the American College of Trial Lawyers | 2010

Advanced Trial Evidence
The Advocates' Society | 2010

Preparing Winning Court Documents
Co-chair, The Advocates' Society Civil Litigation Skills Certificate Program | 2010

Privacy, PIPEDA and Personal E-mails at Work
2009 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada | July 2009
Republished in the December 2009 issue of the Canadian Privacy Law Review
Awarded Mondaq.com's Most Popular Article in Canada for September 2009.

Advocacy in Different Times
Co-chair, Joint Conference of The Advocates' Society and the American College of Trial Lawyers | 2009

Pitfalls and Practical Advice in Contracting: Lessons Learned in Litigation
Presenter, Association of Corporate Counsel and Torys LLP | November 12, 2008

Encroaching on Privacy in the Name of Privacy
2008 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada | November 2008

Preserving Privilege in a Corporate Group: Lessons from In re Teleglobe Communications Corp.
OBA Seminar: Privilege, Confidentiality and Conflicts of Interest | October 23, 2008
Republished in the March/May 2009 issue of Corporate Securities and Finance Law Report

Privacy Commissioner May Not Review Privileged Documents, Says Supreme Court of Canada
Co-author, Torys' Litigation and Dispute Resolution Bulletin | July 21, 2008

A Litigator’s View of Pitfalls in Technology Contracting: Avoiding Common Mistakes
8th Annual IT Law Spring Training Program of IT.Can and the Law Society of Upper Canada, Toronto | May 2, 2008

The Law of Litigation Privilege: The Supreme Court of Canada’s Ruling in Minister of Justice v. Blank and Beyond
| March 3, 2008

Trials and Tribulations: The Practical Advocate
Co-chair, Joint conference of The Advocates' Society and the American College of Trial Lawyers | 2008

Torts Update 2007
Co-chair, Law Society of Upper Canada | 2007

Keeping the Kimono Closed: Confidentiality and Privilege Issues in E-document Management
Panel, The Advocates' Society Fall Convention | 2007

Class Actions: Preventing Disaster Through Internal Communications
Co-presenter, CCB Class Action Forum: Pre-emptive Business and Legal Strategies | 2007

Keys to Successful Oral Advocacy
The Advocates’ Society Journal, vol. 26, no. 2 | 2007

The Law of Litigation Privilege: The Supreme Court of Canada's Ruling in Minister of Justice v. Blank and Beyond
Co-author, Joint Symposium of The Advocates' Society and The American College of Trial Lawyers, Toronto | 2007

A Slippery Slope: Aggravated and Punitive Damages in Commercial Cases
Remedies and Damages: Are You Getting the Most for Your Clients? Law Society of Upper Canada | March 6, 2007

Decertification: Is Class Action Certification Really Conditional?
C.A.D.Q., vol. 1, p. 28 | 2006

The Supreme Court of Canada Rules on Litigation Privilege
The Advocates’ Brief, The Advocates’ Society, vol. 18, no. 1 | Summer 2006

The Most Important Choices in Preparation for Trial
Preparation for Success, OBA's 8th Annual Central East Advocacy Conference, Toronto | 2006

Appellate Advocacy
Faculty, The Advocates' Society, Vancouver | 2006

Evidence for Litigators
Civil Litigation Skills Certificate Program, The Advocates' Society, Toronto | 2006

Ex Parte Injunctions
Injunctions, OBA’s Civil Litigation Conference, Toronto | January 3, 2005

Privacy, Confidentiality, Privilege and More: Issues Regarding the Disclosure of Evidence
Evidence Law for the Civil Litigator, Second Annual Conference, Osgoode Hall Law School | 2005

Excellence in Advocacy
Co-chair, Joint Conference of the American College of Trial Lawyers and The Advocates' Society | 2005

Intentional Interference in Economic Relations
Annual Review of Civil Litigation, Carswell | 2004

Trade Secrets Versus Access to Information: A Clash of Regimes?
Law Society of Upper Canada | 2004

Confidentiality and Authenticity
Discovery Best Practices, Law Society of Upper Canada | 2004

Keys to Successful Oral Advocacy
Sharpening Your Advocacy Skills: Dialogue with the Bench and Bar, OBA | 2004

Litigation Issues in Technology Disputes
Panelist, IT.Can's Fourth Annual IT Law Spring Training Program | 2004

Advocacy: The Art of Persuasion
Co-chair, Joint Conference of The Advocates' Society and the American College of Trial Lawyers | 2004

Interference with Economic Relations
Tort Law: New Trends and Causes of Action - Law Society of Upper Canada, 2003 | November 3, 2003

Recent Developments in Law of Confidential Information
Law Society of Upper Canada Continuing Legal Education for Intellectual Property Lawyers | 2003

The Class Action Framework in Canada
National Forum on Litigating Class Actions, Canadian Institute | 2003

The Art and Science of Trial Advocacy
Co-chair, Joint Conference of The American College of Trial Lawyers and The Advocates' Society | 2003

Intentional Interference with Economic Relations
Tort Law: New Trends and Causes of Action, Law Society of Upper Canada | 2003

Disclosure Before Administrative Hearings: Seek and You Shall Find?
Administrative Law and Practice: Beyond the Basics,
Law Society of Upper Canada | May 1, 2002

Litigation Without Borders: Jurisdictional Issues in Class Actions
National Forum on Class Actions, Canadian Institute | 2002

Recent Developments in Class Actions in Canada
New York International Chapter News, NYSBA, vol. 7, no. 1 | 2002

Disclosure Before Administrative Hearings: Seek and You Shall Find?
Co-author, Administrative Law and Practice: Beyond the Basics, Law Society of Upper Canada | 2002

Litigation Meets the Internet
Chair, The Advocates' Society | 2002

The Law of Injunctions: Ex Parte Injunctions
Ontario Bar Association Institute for Continuing Education, Civil Litigation Section | November 27, 2001

Where Commercial Litigation and Class Actions Meet
Law Society of Upper Canada, Commercial Litigation | 2001

Selection of Lead Counsel in Class Actions: The Race to the Starting Line
Corporate Litigation, vol. 4, no. 3 | 2001

Ten Ways Class Actions Have Changed Commercial Litigation
University of Victoria Business Law Conference | 2001

An Individual’s Right of Access to Personal Information Under the New Federal Privacy Legislation
Ontario Bar Association | 2000

Privacy 2000: Personal Information Protection and Electronic Documents Act—Examining the Impact of the Act on Health Information
Institute for International Research | 2000

Conflicts of Interest for Lawyers Advising Clients in Corporate Litigation
Corporate Litigation Update, Ontario Bar Association | 1999

Beyond Compensation: Constructive Trusts and Punitive Damages
Extraordinary Remedies in Commercial Cases, Ontario Bar Association, Institute for Continuing Education | 1998

Mediation Strategy, Mandatory Mediation
Osgoode Hall Law School, Professional Development Program | 1998

Advising a New Economy Business, Obligations of Departing Employees
University of Western Ontario Law School | 1996

Public Courts and Commercial Secrets: A Balancing Act
International Commercial Litigation | 1996

Selected Media Highlights

May 10, 2013: Wendy Matheson awarded The Advocates' Society Award for Excellence in Teaching

May 6, 2013: Wendy Matheson discusses a recent Supreme Court ruling on texting and privacy in Canadian Lawyer

April 26, 2013: Torys bulletin, U.S. Supreme Court Raises Bar to Certify Class Actions, by Chris Caparelli and Wendy Matheson, noted in Financial Post

May 7, 2012: LSUC benchers recommending amendments to CPD interactivity requirements, says Wendy Matheson in Law Times

June 6, 2011: Warman decision provides consistent and principled approaches to Internet disclosure, says Wendy Matheson in Law Times

May 3, 2011: Wendy Matheson is elected as a Bencher of the Law Society of Upper Canada

October 4, 2010: Ontario Court ruling in Warman case means there's now a homogenous approach to obtaining disclosure in civil litigation, says Wendy Matheson in Law Times

August 23, 2010: Canadian Lawyer 4Students asks five questions of some of Canada's top litigators, including Torys' Wendy Matheson

December 9, 2009: Wendy Matheson is appointed a Fellow of the American College of Trial Lawyers

August 27, 2008: A recent SCC decision signals that there ought to be no erosion of privilege, says Wendy Matheson in The Globe and Mail

October 23, 2006: The issue on which the Supreme Court of Canada split in its copyright decision in Robertson relates to historical content only, says Wendy Matheson in Law Times

September 18, 2006: The Supreme Court of Canada rules that litigation privilege should be extended to related litigation, says Wendy Matheson in Law Times

Memberships

The Toronto Lawyers Association
The Advocates' Society
The Osgoode Society
The American College of Trial Lawyers

Practice Areas and Industry Groups

Administrative and Regulatory Arbitration Class Actions Constitutional Corporate and Securities Litigation Government and Public Policy Healthcare Technology Litigation Insurance Advisory Intellectual Property Intellectual Property Litigation Litigation and Dispute Resolution Media and Defamation Payments and Cards Privacy Product Liability Professional Liability Recall and Crisis Litigation

Bar Admissions

Ontario, 1988

Education

LLB, 1986
Queen's University

BMath (Honours, Computer Science), 1979
University of Waterloo

Conferences and Events

June 19, 2013–June 21, 2013

2013 Northwind Class Actions Invitational Forum: The Future of Class Actions in Canada, Langdon Hall, Cambridge, ON

Achievements

Wendy has been elected Bencher of the Law Society of Upper Canada, standing first among the new candidates running in this election.