Andrew W. MacDonald

Andrew is an associate of the firm with diverse experience in civil litigation.

Andrew has a varied practice that includes particular experience in media and defamation law, administrative law, constitutional law, professional liability and disciplinary matters, aviation law, and employment disputes. He has appeared before all levels of court in Ontario, the Federal Court, the Human Rights Tribunal of Ontario, and the Canadian Transportation Agency, and has acted in proceedings before several other courts, tribunals and inquiries including: the Canadian Human Rights Commission, the Ontario Review Board, the Consent and Capacity Board, the Elliot Lake Inquiry, the Coroner’s Inquest Touching the Death of Ashley Smith, the Québec Superior Court, and the Supreme Court of Canada.

Prior to joining BJCTB, Andrew summered and articled at the Toronto office of a national full-service firm, before acquiring a wider variety of legal work experience. In 2008-2009, he worked for judges of the UN International Criminal Tribunal for Rwanda, located in Tanzania, where he assisted primarily with research and drafting of decisions relating to the “Butare” trial. From 2010 to 2012, Andrew was a land claims negotiator for the Ontario government’s Ministry of Aboriginal Affairs, working on claims on Manitoulin Island and in northwestern Ontario. Andrew is an alumnus of the Parliamentary Internship Programme (2003-04).

Education

University of Victoria (B.Sc. (Biochemistry), 2001);
Oxford University (M.A. (Philosophy, Politics & Economics), 2003);
McGill University (LL.B. & B.C.L., 2007)

Additional Languages

Andrew is fluent in French.

  • Attendances before all levels of court in Ontario, the Federal Court, the Human Rights Tribunal of Ontario, and the Canadian Transportation Agency
  • Experienced in conducting complex research and drafting pleadings and legal arguments made before various tribunals, inquiries and levels of court in many areas of law
  • Highlights of past experience include:
    • Co-counsel on the successful application for leave to appeal to the Supreme Court from judgment of the Federal Court of Appeal holding that the Canadian Transportation Agency may not apply the law of standing in its proceedings (Delta Air Lines Inc. v Gábor Lukács, 2017)
    • Represented the intervener British Columbia Civil Liberties Association in this appeal seeking to quash a production order obtained by the RCMP relating to a journalist’s records (R v Vice Media Canada Inc., 2017 ONCA 231)
    • Obtained an order striking a claim brought against an airline on the basis that it was commenced out of time under the Montreal Convention and was an abuse of process (Diallo c Compagnie Nationale Royale Air Maroc, 2016 ONSC 3247, aff’d 2016 ONCA 842, leave to appeal to SCC refused)
    • Co-counsel in the successful defence of an application for copyright infringement brought against the author and publisher of a young adult fictional novel inspired by true events (Maltz v Witterick, 2016 FC 524)
    • Co-counsel for several media and journalist organizations intervening in the Senator Mike Duffy trial on the issue of parliamentary privilege claimed over certain Senate documents (R v Duffy, 2015 ONCJ 694)
    • Obtained an order quashing an appeal from an order of the Superior Court quashing notices of examination for lack of jurisdiction (Mardonet v. BDO Canada LLP, 2015 ONCA 883)
    • Obtained an order quashing notices of examination served on accounting professionals by co-defendant in action (Ontario Psychological Association .v. Mardonet et al, 2015 ONSC 3063)
    • Assisted in the successful representation of criminologists in an application before the Québec Superior Court to quash a search warrant obtained by the Montreal police to seize research materials as part of a criminal investigation. This was the first time the researcher-participant confidentiality privilege was recognized by a Canadian court (Parent c. R, 2014 QCCS 132)
    • Acted as co-counsel for several media organizations in applications to quash sealing orders over search warrant materials relating to Mayor Rob Ford, (including in The Globe and Mail v HMQ, 2013 ONSC 6836)
    • Successfully argued that a complaint to the Human Rights Tribunal of Ontario against a foreign bank’s representative office is outside the tribunal’s jurisdiction (Viegas v BANIF Banco Internacional do Funchal, 2013 HRTO 1903 – this decision was reconsidered after the Canadian Human Rights Commission also declined jurisdiction)
  • Advocates’ Society, Member
  • Ontario Bar Association, Member
  • Canadian Media Lawyers’ Association/Ad IDEM, Member
  • Contributor to BJCTB’s Transportation Notes and Litigation Notes
  • Co-author with Peter Jacobsen, “Bill C-51 Would Jeopardize the Canadian Charter of Rights and Freedoms”, CJFE & Huffington Post Canada, April 18, 2015