Derry was elected as the Treasurer (President) of the Law Society of Upper Canada (governing body for Ontario lawyers and paralegals) on June 26, 2008 and May 29, 2009, and served as Treasurer from June 26, 2008 to June 29, 2010. Derry is the fourth partner in the history of the firm to have this honour bestowed on him.

In more than 41 years of practice, and as partner with the firm from 1978 to 2015, Derry has developed a well-earned reputation as a senior counsel in a wide variety of areas of the law. Derry's practice includes Aviation, Commercial, Estates, Environmental, Insurance, Products Liability, Intellectual Property and Real Estate. Derry has dealt with complex commercial, environmental, aviation, products liability and estate cases. Derry has acted in class actions for both plaintiffs and defendants and has acted in a variety of class actions as counsel to class counsel on issues arising in the proceedings, including fee approval motions.

Derry's skill as an advocate was recognized when he was elected in 2001 as a Fellow of the American College of Trial Lawyers. Derry is also a Fellow of the Chartered Institute of Arbitrators.

Derry has appeared in all levels of courts in Ontario, the Supreme Court of Canada, the Federal Court of Canada and the Supreme Court of British Columbia. He has appeared before various administrative tribunals, including the Environmental Appeal Board, Ontario Municipal Board, Workers Compensation Appeal Tribunal, Anti-Dumping Tribunal, Ontario Energy Board, and Criminal Injuries Compensation Board. He has also appeared before Municipal Councils and Boards.

Derry has acted as an arbitrator on commercial, oppression, partnership, intellectual property, telecommunications, construction and real estate cases, as mediator on commercial, oppression, estates, environmental and insurance cases, and as a decision-maker on police discipline and professional discipline cases. He has acted as an arbitrator for domain name disputes under the Canadian Internet Registration Authority domain name disputes. Derry is on the arbitration and mediation panels for ADR Chambers, and the arbitration panel of the British Columbia International Commercial Arbitration Centre. 

Derry acted as Chair of Boards of Inquiry established under the Metropolitan Toronto Police Force Complaints Act, 1984 and the Police Services Act from 1985 to July 1996 to hear complaints against police officers.

As a bencher of the Law Society of Upper Canada, Derry has been a chair and member of the hearing and appeal panels on many cases involving complaints against lawyers.

Derry clerked with Mr. Justice Ritchie of The Supreme Court of Canada, 1971-1972.

2016 Lexpert ALM 500

Derry Millar is a skilled and dedicated advocate with a broad civil litigation and administrative law practice who brings his skills in dispute resolution and as an advocate to his work as an arbitrator and mediator. 

Derry was elected as the Treasurer (President) of the Law Society of Upper Canada (governing body for Ontario lawyers and paralegals) on June 26, 2008 and May 29, 2009, and served as Treasurer from June 26, 2008 to June 29, 2010. Derry is the fourth partner in the history of the firm to have this honour bestowed on him.

In more than 41 years of practice, and as partner with the firm from 1978 to 2015, Derry has developed a well-earned reputation as a senior counsel in a wide variety of areas of the law. Derry's practice includes Aviation, Commercial, Estates, Environmental, Insurance, Products Liability, Intellectual Property and Real Estate. Derry has dealt with complex commercial, environmental, aviation, products liability and estate cases. Derry has acted in class actions for both plaintiffs and defendants and has acted in a variety of class actions as counsel to class counsel on issues arising in the proceedings, including fee approval motions.

Derry's skill as an advocate was recognized when he was elected in 2001 as a Fellow of the American College of Trial Lawyers. Derry is also a Fellow of the Chartered Institute of Arbitrators.

Derry has appeared in all levels of courts in Ontario, the Supreme Court of Canada, the Federal Court of Canada and the Supreme Court of British Columbia. He has appeared before various administrative tribunals, including the Environmental Appeal Board, Ontario Municipal Board, Workers Compensation Appeal Tribunal, Anti-Dumping Tribunal, Ontario Energy Board, and Criminal Injuries Compensation Board. He has also appeared before Municipal Councils and Boards.

Derry has acted as an arbitrator on commercial, oppression, partnership, intellectual property, telecommunications, construction and real estate cases, as mediator on commercial, oppression, estates, environmental and insurance cases, and as a decision-maker on police discipline and professional discipline cases. He has acted as an arbitrator for domain name disputes under the Canadian Internet Registration Authority domain name disputes. Derry is on the arbitration and mediation panels for ADR Chambers, and the arbitration panel of the British Columbia International Commercial Arbitration Centre. 

Derry acted as Chair of Boards of Inquiry established under the Metropolitan Toronto Police Force Complaints Act, 1984 and the Police Services Act from 1985 to July 1996 to hear complaints against police officers.

As a bencher of the Law Society of Upper Canada, Derry has been a chair and member of the hearing and appeal panels on many cases involving complaints against lawyers.

Derry clerked with Mr. Justice Ritchie of The Supreme Court of Canada, 1971-1972.

2016 Lexpert ALM 500

Notable Mandates

Appointed Lead Counsel – Ipperwash Public Inquiry – November 2003. As Lead Counsel, led a team of 6 lawyers and 3 investigators in collecting, organizing and presenting the evidence of 139 witnesses over 229 hearing days of the inquiry into the circumstances surrounding the shooting death of an Aboriginal man by the Ontario Provincial Police in 1995.

Acted as counsel for the appellant on a successful appeal to the Court of Appeal from a decision of an application court judge overturning an arbitrator's award in favour of the appellant in a contact dispute between the appellant and the City: Ottawa (City) v. Coliseum Inc. (2016), 398 D.L.R. (4th) 23, 2016 ONCA 363

Acted as counsel for class counsel on an appeal in a carriage dispute regarding Barrick Gold Corp. in the Court of Appeal and Divisional Courts: Mancinelli v. Barrick Gold Corp. (2016), 131 O.R. (3d) 497 (C.A.) and Mancinelli v. Barrick Gold Corp. (2015), 126 O.R. (3d) 296 (Div. Ct.)

Acted for class counsel in class action involving issues relating to class counsel and on fee approval motions including: Tiboni v. Merck Frosst Canada Limited (2008), 89 O.R. (3d) 439 (S.C.J.); McCarthy v. Canadian Red Cross Society, [2007] O.J. No. 2314 (S.C.J.); Garland v. Enbridge Gas Distribution Inc., [2006] O.J. No. 4907 (S.C.J.); Bywater v. Toronto Transit Commission, [1999] O.J. No. 2361 (S.C.J.); Bywater v. Toronto Transit Commission (1999), 43 O.R. (3d) 367, 28 C.P.C. (4th) 307 (Ont. Gen. Div.); and Mangan v. Inco Limited, [1998] O.J. No. 2684 (Ont. Gen. Div.).

Acted as counsel for the plaintiff in a complex contractual dispute arising from a joint venture and ownership of property in North York involving a large international life insurance company.

Acted as an expert on Ontario procedure with respect to foreign proceeding. Acted as an expert on the standard of care of barristers and lawyers in Ontario proceedings which were resolved without a trial.

Acted as Ontario counsel for the Canadian Air Transport Security Agency.

As counsel for the plaintiff, successfully resolved a complex property dispute against a major Canadian corporation involving property in Scarborough.

Successfully defended an estate with respect to a claim to enforce a substantial pledge made before the death of the testatrix: Brantford General Hospital Foundation v. Marquis Estate (2003), 67 O.R. (3d) 432 (S.C.J.).

Successfully resolved a large breach of contract claim against a major Canadian retailer.

Successfully defended, after a long trial and an appeal to the Court of Appeal, a claim for inducing breach of contract, inducing breach of fiduciary duty and a claim for substantial damages: McColl-Frontenac Inc. v. Aerospace Realties (1986) Ltd. (1998), 49 B.L.R. (3d) 112 (Ont. Gen. Div.), affd Court of Appeal, May 14, 2001.

Acted for the defendants and successfully defended products liability and aviation cases involving an Air Canada DC-9 accident on behalf of the tire manufacturer, transport aircraft, helicopters, passenger tires, aviation parts, medical devices and consumer products.

Acted as counsel for plaintiffs in a class action involving the enforcement of debenture rights.

Acted as counsel for the unsecured creditors of Livent Inc. and on bankruptcy and insolvency matters.

Acted on inquests on behalf of a hospital and a mining company.

Acted as co-counsel on an action to remove executors in a very large estate in British Columbia.

Acted as co-counsel for a multi-national chemical company in defending against orders issued by the Ministry of the Environment relating to contamination of groundwater. After the longest-running environmental hearings in Ontario, the case was settled advantageously for our client.

Acted as co-counsel for the multi-national chemical company against its insurers in claiming indemnification for remediation costs and defence costs for the lawsuits. The claims were successfully settled, with the insurers making significant contribution to the remediation costs and settlement of the lawsuits.

Acted as co-counsel in successfully defending a retailer in a multi-billion dollar class action relating to PVC mini-blinds containing lead stabilizer. The action was dismissed early on a motion for summary judgment.

Acted as counsel to the Applications Committee of the Institute of Chartered Accountants of Ontario from 1980 to 1998.

Acted as counsel for the defendant, Canadian Pacific Airlines, in the Ontario proceedings arising out of the Air India Flight 182 disaster.

Acted as counsel in the Supreme Court of Canada and successfully argued for the change of the law of non est factum in Canada, Marco Colour Research Limited v. Harris, [1982] 2 S.C.R. 774.

Acted as counsel in successfully defending a claim for passing-off and establishing in the Supreme Court of Canada the definition of secondary meeting: Oxford Pendaflex Canada Limited v. Korr Marketing Limited, [1982] 1 S.C.R. 494.

Acted as counsel for the plaintiffs with respect to copyright infringement proceedings involving Apple computers.

Acted as counsel on a wide variety of real estate issues at trial and in the Court of Appeal.

Acted as counsel in wrongful dismissal and medical malpractice cases.

Acted on unreported trials, references, motions, arbitrations and appearances before administrative tribunals, including the Ontario Municipal Board, Ontario Energy Board, Criminal Injuries Compensation Board, Boards of Inquiry under the Ontario Human Rights Act, Liquor Licensing Board, Workers Compensation Board and Workers Compensation Appeal Tribunal and the Ontario Highway Transport Board, including a long series of hearings for the Ontario Trucking Association in opposing the granting of probationary licences in the late 1970s.

Reported Cases

Ottawa (City) v. Coliseum Inc. (2016), 398 D.L.R. (4th) 34, 2016 ONCA 363

Mancinelli v. Barrick Gold Corp. (2016), 131 O.R. (3d) 497, 400 D.L.R. (4th) 550, 89 C.P.C. (7th) 225 (C.A.)

Mancinelli v. Barrick Gold Corp. (2015), 126 O.R. (3d) 296 (Div. Ct.)

578115 Ontario Inc. v. Sears Canada Inc. (2010), 325 DLR (4th) 343 (Ont Sup Ct) 

Canadian Premier Life Insurance Company v. Sears Canada Inc.(2010), 91 CCLI (4th) 120 (Ont Sup Ct)

Tiboni v. Merck Frosst Canada Limited (2008), 90 O.R. (3d) 439 (S.C.J.)

McCarthy v Canadian Red Cross Society (2007), 158 ACWS (3d) 12 (Ont Sup Ct)

Garland v Enbridge Gas Distribution Inc (2006), 56 CPC (6th) 357 (Ont Sup Ct)

Brantford General Hospital Foundation v. Marquis Estate (2003), 67 O.R. (3d) 432 (S.C.J.)

Brantford General Hospital Foundation v. Marquis Estate (2002), 46 E.T.R. (2d) 44, 24 C.P.C. (5th) 389 (S.C.J.)

Madonia v. Mulder (2002), 17 C.P.C. (5th) 349 (Div. Ct.)

Bywater v. Toronto Transit Commission (1999), 43 O.R. (3d) 367, 28 C.P.C. (4th) 307 (Ont. Gen. Div.)

Millgate Financial Corp. v. B.F. Realty Holdings Ltd., (1998), 28 C.P.C. (4th) 72 (S.C.J.)

Ewaskiw v. Zellers Inc. (1998), 40 O.R. (3d) 795, 165 D.L.R. (4th) 346, 27 C.P.C. (4th) 347 (Gen. Div.)

McColl-Frontenac Inc. v. Aerospace Realties (1986) Ltd. (1998), 49 B.L.R. (3d) 112 (Ont. Gen. Div.), affd Court of Appeal, May 14, 2001

McColl‑Frontenac Inc. v. Aerospace Realties (1986) Ltd. (1997), 29 C.P.C. (4th) 180 (C.A.)

Re APT Environment (1996), 18 C.E.L.R. (N.S.) 180 (E.A.B.)

Uniroyal Chemical Ltd. v. Kansa General Insurance Co. (1996), 33 C.C.L.I. (2d) 165, [1996] I.L.R. 1-3285, 89 O.A.C. 311

Millgate Financial Corp. v. BF Realty Holdings Ltd. (1994), 19 B.L.R. (2d) 271 (Ont. Gen Div.)

Millgate Financial Corp. v. BF Realty Holdings Ltd. (1994), 15 B.L.R. (2d) 212 (Ont. Gen. Div.)

Provident Life & Accident Insurance Co. v. Walton (1994), 35 C.P.C. (3d) 147, [1995] 1 L.R. 1-3145 (Gen. Div.)

Re Provan et al. and Registrar of Gaming Control et al. (1994), 20 O.R. (3d) 632 (Div. Ct)

Uniroyal Chemical Ltd. v. Ontario (Environmental Appeal Board) (1994), 15 C.E.L.R. (N.S.) 83 (Div. Ct.)

Uniroyal Chemical Ltd. et al. v. Director, Ministry of Environment and Energy, [1993] O.E.A.B. No. 37 (E.A.B. - October 8, 1992)

Uniroyal Chemical Ltd. v. Director, Ministry of Environment, [1992] O.E.A.B. No. 6 (E.A.B. - February 4, 1992)

Uniroyal Chemical Ltd. v. Ontario (Ministry of Environment), [1991] O.E.A.B. No. 3 (E.A.B. - February 5, 1991)

Uniroyal Chemical Ltd. v. Ontario (Ministry of Environment), [1991] O.E.A.B. No. 1 (E.A.B. - January 22, 1991)

Uniroyal Chemical Ltd. v. Ontario (Ministry of Environment), [1990] O.E.A.B. No. 31 (E.A.B. - September 6, 1990)

Uniroyal Chemical Ltd. v. Ontario (Ministry of Environment), [1990] O.E.A.B. No. 7 (E.A.B. - February 6, 1990)

Orenstein v. Garden on the Avenue Development Corp. (1990), 9 R.P.R. (2d) 42 (Master), affd. [1990] O.J. No. 2041 (Div. Ct. - O'Leary, J. - October 30, 1990)

Rigg v. Toronto (City) (1989), 46 M.P.L.R. 113 (H.C.J.)

Guelph (City) v. Maiocco (1988), 26 C.P.C. (32d) 34 (Master)

Air India Flight 182 Disaster Claimants v. Air India (1987), 62 O.R.(2d) 130, 44 D.L.R. (4th) 317 ( H.C.J.)

St. Stanislaus‑St. Casimir's Parish (Toronto) Credit Union Ltd. v. Ontario Credit Union League Ltd. (1987), 60 O.R. (2d) 688, 41 D.L.R. (4th) 156(H.C.J.)

Rose v. Edell (1986), 57 O.R. (2d) 89 (D.C.J.)

Malicki v. Yankovich (1983), 41 O.R. (2d) 160, 145 D.L.R. (3d) 767, (C.A.)

Apple Computer, Inc. v. Computermat Inc. (1983), 75 C.P.R. (2d) 26 (H.C.J.)

Marvco Color Research Limited v. Harris, [1982] 2 S.C.R. 774

Oxford Pendaflex Canada Ltd. v. Korr Marketing Ltd. et al., [1982] 1 S.C.R. 494, 64 C.P.R. (2d) 1

Lord's Day Alliance of Canada v. Regional Municipality of Peel et al. (1982), 38 O.R. (2d) 755, 135 D.L.R. (3d) 657, (C.A.)

Mulroy v. Aqua Scene (1982), 36 O.R. (2d) 653 (C.A.)

Lord's Day Alliance of Canada v. Peel (Municipality) (1981), 16 M.P.L.R. 269 (H.C.J.)

Malicki v. Yankovich (1981), 33 O.R. (2d) 537, 125 D.L.R. (3d) 411, (H.C.J.)

Marvco Color Research Limited v. Harris (1980), 30 O.R. (2d) 162, 115 D.L.R. (3d) 512 (C.A.)

Anchor Cap & Closure Corp. of Canada v. U.E., Local 512 (1980), 25 L.A.C. (2d) 366 (Ontario Arbitrator)

Oxford Pendaflex Canada Ltd. v. Korr Marketing Ltd. et al. (1980), 27 O.R.(2d) 760, 107 D.L.R. (3d) 512, 47 C.P.R. (2d) 119, (C.A.)

Oxford Pendaflex Canada Ltd. v. Korr Marketing Ltd. et al. (1979), 23 O.R. (2d) 545, 97 D.L.R. (3d) 124, 46 C.P.R. (2d) 191, (H.C.J.)

Re Sammon (1979), 22 O.R. (2d) 721, 94 D.L.R. (3d) 594, (C.A.), leave to appeal to S.C.C. refused

Solicitors (Re) (1977), 4 C.P.C. 308 (Master)

Steel Co. of Canada v. Nanticoke (City) (1976), 6 O.M.B.R. 278

Ashland Co. Ltd. v. Thunder Bay (City) (1975), 5 O.M.B.R. 54

Bath et al. v. Birnstihl et al. (1975), 11 O.R. (2d) 770, (H.C.J.)

Palmateer et al. v. Bach et al. (1976), 9 O.R. (2d) 693, (H.C.J. - Van Camp, J., April 18, 1975)

Eilpro Holdings Inc. v. Shenkman (1975), 8 O.R. (2d) 433, 58 D.L.R. (3d) 209 (C.A)

Re Ritchie and Ritchie (1975), 5 O.R. (2d) 520, (C.A.)

Re Plasticap Ltd. and United Electrical, Radio & Machine Workers, Local 544 (1995), 10 L.A.C. (2d) 295 (Ontario Arbitrator)

Doucette v. Doucette (1974), 4 O.R. (2d) 278, (H.C.J. - Weatherston, J., June 18, 1974)

This is not an exhaustive list and does not include all of the cases for which the decisions are unreported, including trials, references, motions, arbitrations and appearances before administrative tribunals, including the Ontario Municipal Board, Ontario Energy Board, Criminal Injuries Compensation Board, Boards of Inquiry under the Ontario Human Rights Act, Liquor Licensing Board, Workers Compensation Board and Workers Compensation Appeal Tribunal and the Ontario Highway Transport Board in which he acted in a long series of hearings for the Ontario Trucking Association in opposing the granting of probationary licences in the late 1970s.

Publications

"Directors BEWARE – Potential Environmental Liability", WeirFoulds LLP - Litigation Update Spring 2008, May 2008 (with John Buhlman)

"Get the lead out", WeirFoulds LLP Client Newsletter, October 2007 (with John Buhlman and Ralph Kroman)

JJ Carthy, W.A. D Millar & JB Cowan, Ontario Annual Practice 2016-2017 Edition (Canada Law Book, 2016).

Millar, W.A. Derry and Seidenberg, Mandy L., Mass Franchise Disputes, Ontario Region Legal Day, Canadian Franchise Association, March 2, 2011

Millar, W.A. Derry and Seidenberg, Mandy L., Abuse of Process: Alleging It; Avoiding It, Civil Litigation Updated 2008, Practical Skills for the Litigator, County of Carleton Law Association, November 21-22, 2008

Carthy, James J., Millar, W.A. Derry and Cowan J. G. - Ontario Annual Practice (co-editor), 1975 to date

Contributor to Preparation of Factums, T.A. Cromwell, Editor, Canada Law Book Ltd., 1996

Chapter about Canada with Rukavina, S., International Product Liability, Lloyds of London Press Ltd., 1993

Carthy, James J., Q.C. and Millar, W.A. Derry, Civil Conspiracy, 1973 L.S.U.C. Special Lectures

Speaking Engagements

Speaker, Developments in Civility, OBA, Professionalism issues for Municipal Lawyers, December 3, 2015

Speaker, Civility & Professionalism, Ryerson Law Practice Program, August 25, 2014 and August 25, 2015

Speaker, Avoiding Professional Misconduct for In-house Counsel, Canadian Corporate Counsel Association, November 7, 2013

Speaker, Ethical and Professional Issues Involving Witnesses and Evidence, Osgoode Professional Development, October 30, 2013

Speaker, Role of government and Public Sector Lawyers, Tom Marshall Award Dinner, OBA Public Sector Lawyer Section, May 9, 2013

Speaker, Resolving Incivility Issues by Promoting Courteous and Professional Conduct, The Canadian Institute, May 7, 2013

Speaker, Ipperwash Inquiry, Public Inquiries Course, Osgoode Hall Law School, March 6, 2013

Panellist, The Discipline Hearing, Part I: Effective Advocacy, The Osgoode Short Course: Prosecuting and Defending Professional Discipline Cases, Osgoode Professional Development, January 31, 2013

Panellist, Addressing Viva Voce Evidence and Advanced Issues, The Advocates' Society, Civil Litigation Skill Certificate Program:  Evidence for Litigators, November 10, 2011

Demonstration and Commentary: Impeachment Done Right, The Advocates' Society, Civil Litigation Skill Certificate Program:  Evidence for Litigators, November 10, 2011

Speaker/Panellist, Critical Conversations About Law, MAG Legal Services Division 2011 Crown Summer School, July 27, 2011

Panellist, Ipperwash Inquiry, National Aboriginal Day, Ministry of the Attorney General, June 22, 2011

Guest Instructor, Contemporary Issues in Civil Litigation: Jurisdiction and Rule of Law, LL.M. Programme in Civil Litigation and Dispute Resolution, Osgoode Hall Law School, May 13, 2011

Speaker, Law Society Civility Initiatives, S.C.J. Masters' Conference, March 4, 2011

Panellist, The Discipline Hearing, Part I: The Osgoode Short Course: Prosecuting and Defending Professional Discipline Cases, Osgoode Professional Development, February 17, 2011

Speaker, Ipperwash Inquiry, Reconciliation Awareness to Action, an OPS Forum on Working with First Nations and Métis Peoples, February 16, 2011

Panellist, Mastering the Art of Complex Civil Motions, The Law Society of Upper Canada, March 31, 2011

Speaker, Mass Franchise Disputes, Ontario Region Legal Day, Canadian Franchise Association, March 2, 2011

Speaker, Professional Regulation, 20th Annual Operation Update, OBA/LSUC, October 29, 2010

Speaker, Amendments to The Rules of Civil Procedure, Superior Court of Justice (Ontario) Fall Education Seminar, October 29, 2009

Panellist, Rules of Civil Procedure - Proportionality and Professionalism, The Fourth Annual Warren K. Winkler Lecture on Civil Justice Reform, October 4, 2010

Speaker, Civility - Risk Management, The 10th Annual Advocacy Conference, The Hamilton Law Association, April 28, 2010

Speaker, Proportionality: Balancing file work-up versus cost recovery, The Fourth Annual Straight from the Bench Litigation Conference on Costs, The Middlesex Law Association, April 23, 2009

Panellist, Proportionality: Balancing file work-up versus cost recovery, Straight from the Bench-Costs, Fourth Annual Middlesex Law Association Civil Litigation Symposium, April 23, 2009

Speaker, Abuse of Process: Alleging It; Avoiding It, 28th Annual Civil Litigation updated 2008 Conference, County of Carlton Law Association, November 21-22, 2008

Speaker, Ipperwash Inquiry: The Process, Environmental Review Tribunal, Toronto, April 25, 2008

Speaker/Demonstrator, Advanced Introduction of Evidence & Examination-In-Chief, The Advocates Society, Toronto, December 4, 2007

Speaker, Land Disputes: A Case Study on Ipperwash, 6th Annual Aboriginal Law Forum, Insight, November 19, 2007

Speaker, Ipperwash Inquiry, National Aboriginal Policing Forum 2007, September 27, 2007

Keynote Speaker, Ipperwash Inquiry, The Process, 5th Annual Aboriginal Law Forum, Insight, November 20, 2006

Speaker, A Privilege Primer (Paper by Paul M. Perell), A Trial Lawyers' Evidence Notebook, Law Society of Upper Canada, September 14, 2006

Speaker, Ipperwash Inquiry, Ontario Justice Network, August 30, 2006

Speaker, The New Cost Regime: How To Make It Work For You, Advanced Civil Procedure, The Canadian Institute, Toronto, April 9, 2002

Co-Chair, Advanced Civil Procedure, The Canadian Institute, Toronto, April 8 and 9, 2002

Speaker, A Privilege Primer (Paper by Paul M. Perell), A Trial Lawyers' Evidence Notebook, Law Society of Upper Canada, June 2001

Speaker, Professionalism and the New Rules of Professional Conduct, Practice Essentials 2001, Ottawa, Law Society of Upper Canada, June 18, 2001

Speaker, Professionalism and the New Rules of Professional Conduct, Practice Essentials 2001, Sudbury, Law Society of Upper Canada, May 23, 2001

Panellist, Loss of Civility: Is Your Learned Friend A "So & So", County of Carlton Law Association, Civil Litigation Updated 2000, November 3, 2000

Co-Chair, Panel, Professional Conduct: The New Rules and Your Practice, Law Society of Upper Canada and Canadian Bar Association Ontario, October 25, 2000, and November 13, 2000

Speaker, Cross-Examination, Advocacy, Insight Seminars, July 1999

Speaker, Environmental Bill of Rights and Directors' Liability In Ontario, Environmental Law Section, Union International Des Avocats, Philadelphia, September 1997

Speaker, Millar, W.A. Derry and Hancock, Terry D., Overview of the Class Proceedings Act and How and When to Get Certification, Class Actions, Canadian Institute, October 1996

Speaker, Recent Developments in Civil Procedure, Operation Update 96, Canadian Bar Association, September 1996

Millar, W.A. Derry and Perell, Paul M., A Privilege Primer, A Trial Lawyers' Evidence Notebook, Law Society of Upper Canada, June 1996

Speaker, Millar, W.A. Derry and Freedman, G., Applications to Remove Executors and/or Trustees, Estate and Trust Litigation: A Legal, Procedural, Tactical and Practical Guide, Canadian Institute, May 1992

Speaker, Millar, W.A. Derry, Campbell, J.D. and Foran, S.G., Remedies of the Shareholder in a Closely-Held Corporation, Business Law: Parting Shots: Remedies for Partnership Disputes and Corporate Hostilities, Canadian Bar Association, February 1992

Speaker, Interpleader, The Agony and the Ecstasy Revisited: Remedies in the Enforcement of Judgments for the 90's, Canadian Bar Association, December 1991

Speaker, Millar, W. A. Derry and Buhlman, J.M. - How Clean is Clean, The Clean-Up and Sale of Toxic Real Estate: Industrial Plants and Natural Resource Sites: Acquiring the Know-How, Canadian Institute, September 1990

Panellist, Recent Developments in Municipal Law: Creatures of the Province: What Are They Up To Now, Canadian Bar Association, October 1989

Speaker, Pre-Pleading Considerations, Advocacy Before Trial: A Comprehensive Litigation Techniques Workshop, Insight Seminars, February 1989

Member, Civil Litigation Planning Committee, Law Society of Upper Canada, Department of Continuing Education, 1987

Member, Organizational and Planning Committee of The Advocates Society Institute (now the Ontario Centre for Advocacy Training ("OCAT")), an educational institute sponsored by The Advocates' Society for the teaching of advocacy skills, since its inception in 1986–1989

Lecturer, Advocacy, Law Society of Upper Canada, Bar Admission Course, December 1986 and 1987

Speaker, Litigation for Legal Secretaries, Law Society of Upper Canada, Department of Continuing Legal Education, December 1987

Speaker, Advocacy Before Trial, Insight Seminars, September 1987

Speaker, Procedural Aspects of Multi-Jurisdictional Litigation Arising Out of Air Disasters, Canadian Bar Association, Ontario, Air and Space Law Section, February 1987

Moderator, What's the Damage, Canadian Bar Association, Ontario, April 1985

Speaker, New Rules of Civil Procedure, Insight Seminars, December, 1985

Speaker, Pre-Emptive Litigation - Ending the Law's Delay: Tactical Steps Under the New Rules to Speed Up Litigation, Canadian Institute For Professional Development, October 1985

Speaker, The Law of Damages, Canadian Institute for Professional Development, May 1985

Speaker, Business, Computers & The Law - Property Rights in Computer Software, Richard DeBoo, March, 1985

Contributor to LSUC Bar Admission Course - Civil Procedure I lecture materials on the new Rules, 1984

Speaker, Law Society of Upper Canada Continuing Legal Education Seminar on New Rules of Civil Procedure, November 9, 1984

Speaker, County of Simcoe Law Association Seminar on Rules of Civil Procedure, October 1984

Speaker, Rules of Civil Procedure for Instructors Seminar, Civil Procedure I Section of The Bar Admission Course, September 1984

Speaker, Rules of Civil Procedure, Insight Seminars, June 1984

Speaker, Rules of Civil Procedure, Civil Litigation Section, Canadian Bar Association, April 1984

Speaker, Rules of Civil Procedure, Supreme Court Judges' Seminar, May 1984

Speaker, Rules of Civil Procedure, County and District Judges' Spring Seminar, 1984

Speaker, The Canadian Bar Association - Ontario 1984 Annual Institute on Continuing Legal Education, Tactics for Success in Civil Litigation, Expert Witnesses

Lecturer, Advocacy, Law Society of Upper Canada, Bar Admission Course, December 1986-1987

Guest participant, Trial Practice Course, Osgoode Hall Law School and University of Toronto Law School

Team leader, Osgoode Hall Law School Intensive Trial Advocacy Workshop, July 1983, July 1984; Guest instructor, Osgoode Hall Law School Intensive Trial Advocacy Workshop since 1985

Awards & Recognition

Law Society Medal, 2014 

Catzman Award for Professionalism & Civility, The Advocates' Society, September 2013

LL.D. (Hons.), The Law Society of Upper Canada, June 2012 

Toronto Lawyers Association, 2011 Award of Distinction

Fellow of the Chartered Institute of Arbitrators, 2013 

Elected Fellow of the American College of Trial Lawyers, 2001

Recognized in the 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada

Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory

Recognized as a leading practitioner in the 2014 Lexpert®/American Lawyer Guide

Recognized as a leading practitioner in Administrative and Public Law, Alternative Dispute Resolution and Corporate and Commercial Litigation in Best Lawyers® in Canada 

Consistently recommended Lexpert in Litigation – Corporate Commercial

Recognized in Best Lawyers in Canada in Corporate and Commercial Litigation, Admisitrative and Public Law, and Alternative Dispute Resolution

Professional Activities

Law Society of Upper Canada (governing body for Ontario lawyers and paralegals)
- Treasurer, June 2008 to June 2010
- Elected Bencher (member of the governing body) for four consecutive four-year terms, May 1995, May 1999, May 2003 and May 2007

Trustee, The Law Society Foundation (June 2012-present)

Director, LibraryCo. (2015-present)

Member, Chief Justice of Ontario's Advisory Committee on Professionalism (2011-present)

Member, Ontario Judicial Council (June 26, 2008-June 2012)

Member, Board of Directors, Legal Aid Ontario (January 1999-June 2008; April 2012-present)

Chair, Finance Committee (May 2007-June 2008)

Chair, Finance & Audit Committee (April 2006-April 2007)

Member, Inter-Jurisdictional Mobility Committee (April 2006-present)

Member, Tribunals Committee (April 2006-June 2008)

Chair, Inter-Jurisdictional Mobility Committee (July 2001-April 2006)

Vice-Chair, Equity and Aboriginal Issues Committee/Comité Sur L'Équité et Les Affairs Autochtones (July 2001–August 2003)

Chair, Appeal Panel (March 2002–August 2003)

Member, Finance & Audit Committee (August 2003-April 2006)

Member, Board of Directors, Lawyers Professional Indemnity Company, (September 2001–August 2003)

Vice-Chair, Heritage Committee (July 2001-July 2002)

Chair, Admissions Committee (June 2000-July 2001)

Chair, Legal Aid Committee (1999-2000)

Co-Chair, Rules of Professional Conduct Task Force (1998-2000)

Member, Transitional Board of Directors, Legal Aid Ontario (January 12, 1999-January 2000)

Vice-Chair, Admissions Committee (1999-2000)

Chair, Clinic Funding Committee (1997-1999)

Member, Legal Aid Committee (1997-1999)

Co-Chair, Competency Task Force (1997-1998)

Chair, Professional Development & Competence Committee (1996-1997)

Vice-Chair, Professional Regulation Committee (1996-1997)

Chair, Professional Standards Committee (1995-1996)

Vice-Chair, Legal Education Committee (1995-1996)

Co-Chair, Mandatory Continuing Legal Education Subcommittee (1995-1996)

Member of the Law Society of Upper Canada, Subcommittee on Dispute Resolution, Professional Conduct Committee (1991-1992)

Member of the Civil Rules Committee established under the Courts of Justice Act since September 1, 1990, appointed by the Chief Justice of Ontario

Member of the Rules Committee of the Supreme and District Courts of Ontario from November 1976 to August 31, 1990, appointed by The Law Society of Upper Canada

Member of the Special Subcommittee of the Rules Committee on the new Rules of Civil Procedure chaired by Mr. Justice Morden (1980-1984)

Ontario Centre For Advocacy Training
- Chair (1992-1995)
- Treasurer (1989-1992)

Director, The Advocates' Society (1988-1991)

Affiliations

The Advocates' Society

Ontario Bar Association/Canadian Bar Association

American College of Trial Lawyers

Chartered Institute of Arbitrators

ADR Chambers

Toronto Lawyers Association

ADR Institute of Ontario

Panel member - British Columbia International Commercial Arbitration Centre

Canadian Nuclear Law Organization

The Osgoode Society

Defense Research Institute

Community Involvement

Teacher - Colegio San Carlos, Bogota, Colombia, as a volunteer under the auspices of The Canadian University Service Overseas (CUSO), August 1966 to July 1968

Past President and Director of The Ontario Cystic Fibrosis Camp, 1976 to 1994

Director of The Low Vision Association of Ontario, 1982 to 1993

Counsel

Toronto
Direct 416.947.5021
Fax 416.365.1876
dmillar@weirfoulds.com

Practice Areas

Litigation

Arbitration and Mediation


Called to the Bar
Ontario (1974)
Education
Dalhousie University
LL.B. 1971

University of Saskatchewan
B.A. 1966
Regina Campus

Awards & Recognition

Law Society Medal, 2014 

Catzman Award for Professionalism & Civility, The Advocates' Society, September 2013

LL.D. (Hons.), The Law Society of Upper Canada, June 2012 

Toronto Lawyers Association, 2011 Award of Distinction

Fellow of the Chartered Institute of Arbitrators, 2013 

Elected Fellow of the American College of Trial Lawyers, 2001

Recognized in the 2017 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada

Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory

Recognized as a leading practitioner in the 2014 Lexpert®/American Lawyer Guide

Recognized as a leading practitioner in Administrative and Public Law, Alternative Dispute Resolution and Corporate and Commercial Litigation in Best Lawyers® in Canada 

Consistently recommended Lexpert in Litigation – Corporate Commercial

Recognized in Best Lawyers in Canada in Corporate and Commercial Litigation, Admisitrative and Public Law, and Alternative Dispute Resolution

Professional Activities

Law Society of Upper Canada (governing body for Ontario lawyers and paralegals)
- Treasurer, June 2008 to June 2010
- Elected Bencher (member of the governing body) for four consecutive four-year terms, May 1995, May 1999, May 2003 and May 2007

Trustee, The Law Society Foundation (June 2012-present)

Director, LibraryCo. (2015-present)

Member, Chief Justice of Ontario's Advisory Committee on Professionalism (2011-present)

Member, Ontario Judicial Council (June 26, 2008-June 2012)

Member, Board of Directors, Legal Aid Ontario (January 1999-June 2008; April 2012-present)

Chair, Finance Committee (May 2007-June 2008)

Chair, Finance & Audit Committee (April 2006-April 2007)

Member, Inter-Jurisdictional Mobility Committee (April 2006-present)

Member, Tribunals Committee (April 2006-June 2008)

Chair, Inter-Jurisdictional Mobility Committee (July 2001-April 2006)

Vice-Chair, Equity and Aboriginal Issues Committee/Comité Sur L'Équité et Les Affairs Autochtones (July 2001–August 2003)

Chair, Appeal Panel (March 2002–August 2003)

Member, Finance & Audit Committee (August 2003-April 2006)

Member, Board of Directors, Lawyers Professional Indemnity Company, (September 2001–August 2003)

Vice-Chair, Heritage Committee (July 2001-July 2002)

Chair, Admissions Committee (June 2000-July 2001)

Chair, Legal Aid Committee (1999-2000)

Co-Chair, Rules of Professional Conduct Task Force (1998-2000)

Member, Transitional Board of Directors, Legal Aid Ontario (January 12, 1999-January 2000)

Vice-Chair, Admissions Committee (1999-2000)

Chair, Clinic Funding Committee (1997-1999)

Member, Legal Aid Committee (1997-1999)

Co-Chair, Competency Task Force (1997-1998)

Chair, Professional Development & Competence Committee (1996-1997)

Vice-Chair, Professional Regulation Committee (1996-1997)

Chair, Professional Standards Committee (1995-1996)

Vice-Chair, Legal Education Committee (1995-1996)

Co-Chair, Mandatory Continuing Legal Education Subcommittee (1995-1996)

Member of the Law Society of Upper Canada, Subcommittee on Dispute Resolution, Professional Conduct Committee (1991-1992)

Member of the Civil Rules Committee established under the Courts of Justice Act since September 1, 1990, appointed by the Chief Justice of Ontario

Member of the Rules Committee of the Supreme and District Courts of Ontario from November 1976 to August 31, 1990, appointed by The Law Society of Upper Canada

Member of the Special Subcommittee of the Rules Committee on the new Rules of Civil Procedure chaired by Mr. Justice Morden (1980-1984)

Ontario Centre For Advocacy Training
- Chair (1992-1995)
- Treasurer (1989-1992)

Director, The Advocates' Society (1988-1991)

Affiliations

The Advocates' Society

Ontario Bar Association/Canadian Bar Association

American College of Trial Lawyers

Chartered Institute of Arbitrators

ADR Chambers

Toronto Lawyers Association

ADR Institute of Ontario

Panel member - British Columbia International Commercial Arbitration Centre

Canadian Nuclear Law Organization

The Osgoode Society

Defense Research Institute

Community Involvement

Teacher - Colegio San Carlos, Bogota, Colombia, as a volunteer under the auspices of The Canadian University Service Overseas (CUSO), August 1966 to July 1968

Past President and Director of The Ontario Cystic Fibrosis Camp, 1976 to 1994

Director of The Low Vision Association of Ontario, 1982 to 1993

Called to the Bar

Ontario (1974)

Education

Dalhousie University
LL.B. 1971

University of Saskatchewan
B.A. 1966
Regina Campus