Jill specializes in public law and civil litigation focusing on professional self-regulation and discipline, judicial review of government decision-making, alcohol and gaming, access to information and privacy, and aboriginal land claims. In addition, Jill has broad experience in real estate-related litigation, including hearings before the Ontario Municipal Board and civil actions concerning land development and construction. Jill has also acted for a number of municipalities and private sector clients in litigation relating to aboriginal land claims.

Jill was recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory. She was also recognized as a leading practitioner in Administrative and Public Law in Best Lawyers® in Canada.

Jill has been an instructor at the Public Law Section of the Bar Admission Course and a contributor to the Course materials. She has acted as an instructor at the Intensive Trial Advocacy and various Advocates' Society programs and has delivered various papers at seminars and conferences.

Jill Dougherty has over 20 years of experience acting on behalf of both private and public sector clients. She appears regularly as counsel before the trial and appellate courts and administrative tribunals in many aspects of public law.

Jill specializes in public law and civil litigation focusing on professional self-regulation and discipline, judicial review of government decision-making, alcohol and gaming, access to information and privacy, and aboriginal land claims. In addition, Jill has broad experience in real estate-related litigation, including hearings before the Ontario Municipal Board and civil actions concerning land development and construction. Jill has also acted for a number of municipalities and private sector clients in litigation relating to aboriginal land claims.

Jill was recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory. She was also recognized as a leading practitioner in Administrative and Public Law in Best Lawyers® in Canada.

Jill has been an instructor at the Public Law Section of the Bar Admission Course and a contributor to the Course materials. She has acted as an instructor at the Intensive Trial Advocacy and various Advocates' Society programs and has delivered various papers at seminars and conferences.

Notable Mandates

For the AMOCO in litigation by the Chippewas of Sarnia Band, claiming ownership of a large tract of areas of land in the City of Sarnia.

For the LCBO in its litigation with Magnotta Winery Corporation and related Magnotta companies.

For Great Canadian Gaming Corporation in litigation, arbitration and mediation with the Ontario Harness Horse Association regarding various Ontario racetrack and gaming operations.

For the Ontario College of Social Workers and Social Service Workers in respect of all discipline prosecutions and judicial review applications.

For the Social Benefits Tribunal in respect of appeals and judicial review applications to the Ontario Divisional Court, the Court of Appeal and the Supreme Court of Canada regarding the Social Benefits Tribunal's jurisdiction to deal with challenges to its legislation under the Ontario Human Rights Code.

Reported Cases

Toronto Distillery Co. v. Ontario (Alcohol and Gaming Commission) [2016] O.J. No. 1775; 2016 ONSC 2202; 130 O.R. (3d) 612

Ontario (Liquor Control Board) v. Vin De Garde Wine Club [2015] O.J. No. 2225; 2015 ONSC 2537; 335 O.A.C. 90; 100 Admin. L.R. (5th) 349; 253 A.C.W.S. (3d) 720; 2015 CarswellOnt 6360

Magnotta Winery Corp. v. Ontario (Alcohol and Gaming Commission) [2015] O.J. No. 5424; 2015 ONSC 6234; 259 A.C.W.S. (3d) 73; 341 O.A.C. 42; 2015 CarswellOnt 15839

El-Hennawy v. Law Society of Upper Canada [2014] O.J. No. 395; 2014 ONSC 375; 316 O.A.C. 260

Lackner v. Hall (2013), 15 M.P.L.R. (5th) 16 (Ont. C.A.).

Tiny (Township) v. Battaglia (2013), 10 M.P.L.R. (5th) 182 (Ont. C.A.).

2169205 Ontario Inc. (c.o.b. Lefroy Freshmart) v Ontario (Liquor Control Board) (2011), 23 Admin. L.R. (5th) 335 (Ont. Sup. Ct.).

Liquor Control Board of Ontario v. Magnotta Winery Corp. (2010), 102 O.R. (3d) 545 (C.A.).

Barnes v. Ontario (Social Benefits Tribunal) (2009), 96 Admin. L.R. (4th) 243 (Ont. Sup. Ct.).

Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513.

Werbeski v. Ontario (Director of Disability Support Program Ministry of Community & Social Services), 2006 SCC 14.

Silverthorne v. College of Social Workers & Social Service Workers (Ontario) (2006), 264 D.L.R. (4th) 175 (Ont. Sup. Ct. J. (Div. Ct.)).

Tranchemontagne v. Ontario (Director, Disability Support Program) (2004), 72 O.R. (3d) 457 (C.A.).

Werbeski v. Ontario (Director of Disability Support Program, Ministry of Community & Social Services) (2004), 244 D.L.R. (4th) 118 (Ont. C.A.).

Robinson v. Ontario Racing Commission (2004), 186 O.A.C. 43 (Ont. Sup. Ct. J. (Div. Ct.)).

Megens v. Ontario Racing Commission (2003), 176 O.A.C. 296 (Ont. Sup. Ct. J. (Div. Ct.)).

Ontario (Ministry of Transportation) v. Grey Stone Building Centres (2001), 41 O.M.B.R. 449.

Chippewas of Sarnia Band v. Canada (Attorney General) (1999), 40 R.P.R. (3d) 49 (Ont. Sup. Ct. J.).

Chippewas of Saugeen First Nation v. Keppel (Township) (1998), 164 D.L.R. (4th) 511 (Ont. C.A.).

Chippewas of Sarnia Band v. Canada (Attorney General) (1996), 138 D.L.R. (4th) 574 (Ont. Ct. J. (Gen. Div.)).

Chippewas of Sarnia Band v. Canada (Attorney General) (1996), 29 O.R. (3d) 549 (Ont. Ct. J. (Gen. Div.)).

Chippewas of Saugeen First Nation v. Keppel (Township) (1994), 117 D.L.R. (4th) 419 (Ont. Gen. Div.).

Bramalea Ltd. v. Ontario (Ministry of Transportation & Communications) (1992), 47 L.C.R. 239 (Ont. Ct. J. (Gen. Div. Div. Ct.)).

Ontario (Ministry of Community and Social Services, Director of Income Maintenance Branch) v. Conway (1990), 75 D.L.R. (4th) 564 (Ont. Ct. J. (Gen. Div. Div. Ct.)).

Bramalea v. Ontario (Ministry of Transportation & Communications) (1989), 42 L.C.R. 44 (OMB).

Tarailo v. Allied Chemical Canada Ltd. (1989), 68 O.R. (2d) 288 (Ont. S.C.).

Publications

"Quiz: Timely Responses to Access to Information Requests", Canadian Lawyer Magazine, March 2015 (with Macdonald Allen)

"Katsoulakos v Association of Professional Engineers of Ontario", WeirFoulds LLP, September 2014 (with Jordan Glick, Alan Bromstein, and Sarah Yun)

"Duty to consult with First Nations: A municipal obligation?", WeirFoulds LLP - Government Update, January 2008

Speaking Engagements

Speaker, "Self-Rep Self-Help: The Challenges of Unrepresented Litigants in Professional
Discipline Proceedings", CNAR Conference 2017, Halifax, NS, October 4, 2017
 
Speaker, Developments in Fitness to Practise and Screening Committee Processes, WeirFoulds, Toronto, November 24, 2016
 
Speaker, "Stretching Out The Why and the How of a Flexible Compliance & Discipline Regime", Canadian Network of Agencies for Regulation Conference, Toronto, November 2-3, 2016
 
Speaker, "Orders and Costs in an Age of Transparency", (CLEAR) 2016 Annual Educational Conference, Portland, September 15-16, 2016
 
"Discipline Orders and Costs in the Transparency Era", WeirFoulds LLP, Toronto, February 19, 2016
 
Co-presenter, "What do Risk Managers Need to Know about the Freedom of Information and Protection of Privacy Act (FIPPA)?", Canadian Healthcare Risk Management Network, Annual Conference, Toronto, October 24, 2011.

"Penalties", Fundamentals of Administrative Law & Practice, The Canadian Institute, Toronto, April 19–20, 2010.
 
"Aboriginal Claims Relating to Shorelines, Shore Road Allowances, Lake Beds and Riparian Rights", Riparian Rights and Property, Ontario Bar Association, Toronto, March 24, 2010.
 
"Privilege and Open Government: Either/Or?", The Six-Minute Administrative Lawyer, The Law Society of Upper Canada, Toronto, February 23, 2010.
 
"An Introduction to Decision Making and Reasons for Decision", Decision Writing, The Canadian Institute, Toronto, February 3 and 4, 2010.
 
Assisted Derry Millar (together with April Brousseau and Tiffany Tsun) with presentation "Reconciling Aboriginal and Treaty Rights in Land Disputes and Natural Resource Management", 8th Annual Aboriginal Law Conference, Insight, Toronto, October 26–27, 2009.
 
Guest Instructor, Intensive Trial Advocacy Workshop, Professional Development, Osgoode Hall Law School, York University, July 5–12, 2009.
 
"Penalties", Fundamentals of Administrative Law & Practice, The Canadian Institute, Toronto, April 24, 2009.
 
"An Introduction to Decision Making and Reasons for Decisions for Members of Administrative Tribunals", Decision Writing, The Canadian Institute, Toronto, March 30 and 31, 2009.
 
"Standard of Proof and Sanctions in the Professional Discipline Context", The Six-Minute Administrative Lawyer, Ontario Bar Association, Toronto, February 24, 2009.
 
"Municipalities, Land Development and the Duty to Consult", Aboriginal Law Consultation and Accommodation Conference, The Canadian Institute, Toronto, February 19, 2009.

"Enhancing Your Administrative Advocacy Skills", The 4th Annual National Forum: Administrative Law & Practice, Osgoode Hall Law School (2008).

"Refresh and Renew-Evidence Law", Licence Appeal Tribunal/Ontario Bar Association (2008).

"Perception or Reality-Is There Institutional Bias in the Discipline Process", CLEAR 2008 Annual Conference.

"Appellate Factum Writing and Argument", Brown Bag Series, The Advocates' Society (2007).

"Penalties", Fundamentals of Administrative Law & Practice, The Canadian Institute (2005 to 2007).

Guest Lecturer, Access to Information and Privacy Under FIPPA, University of Western Ontario Law School (2006).

Panellist, Administrative Law-Expertise of Tribunals: The Key to Deference, Ontario Bar Association (2005 to present).

"Characteristics of Professional Boundaries", Professional Regulation Summit, Enforcement and Compliance, Acuity Forums (2005).

Instructor, Managing Your Legal Risks and Responsibilities within Ontario's Self-Regulated Professions, Healthcare-Teaching-Social Work, The Canadian Institute (2005).

Instructor, Training for Immigration and Refugee Board Members regarding Questioning Skills, The Advocates' Society (2003).

Instructor, Civil Litigation Skills Certificate Program: Cross-Examination, Impeachment & Rehabilitation on Re-Examination, The Advocates' Society (2003).

Awards & Recognition

Recognized by Best Lawyers® in Canada 2018 as a leading lawyer in Administrative and Public Law

Recognized by Best Lawyers® in Canada 2017 as a leading lawyer in Administrative and Public Law

Recognized in the 2016 Canadian Legal Lexpert® Directory as a leading lawyer in Litigation–Public Law

Recognized by Best Lawyers® in Canada 2016 as a leading lawyer in Administrative and Public Law

 

Professional Activities

2006–2009: Guest Lecturer, CLEAR Annual Conference on Licensure, Enforcement and Regulation.

2005–2007: Co-chair, Advocates' Society Courthouse Series.

2004–2009: Instructor, The Advocates' Society Special Litigation Skills Certificate Program.

2002–2009: Instructor, Intensive Trial Advocacy Workshop, Osgoode Hall Law School.

1987: Clerkship, High Court of Justice, Supreme Court of Ontario.

Affiliations

Ontario Bar Association

The Advocates' Society

Metro Toronto Law Association

Partner

Toronto
Direct 416.947.5058
Fax 416.365.1876
jdougherty@weirfoulds.com

Practice Areas

Litigation

Government

Property

Called to the Bar
Ontario (1986)
Education
Osgoode Hall Law School
LL.B. 1984

York University
B.A. 1981

Awards & Recognition

Recognized by Best Lawyers® in Canada 2018 as a leading lawyer in Administrative and Public Law

Recognized by Best Lawyers® in Canada 2017 as a leading lawyer in Administrative and Public Law

Recognized in the 2016 Canadian Legal Lexpert® Directory as a leading lawyer in Litigation–Public Law

Recognized by Best Lawyers® in Canada 2016 as a leading lawyer in Administrative and Public Law

 

Professional Activities

2006–2009: Guest Lecturer, CLEAR Annual Conference on Licensure, Enforcement and Regulation.

2005–2007: Co-chair, Advocates' Society Courthouse Series.

2004–2009: Instructor, The Advocates' Society Special Litigation Skills Certificate Program.

2002–2009: Instructor, Intensive Trial Advocacy Workshop, Osgoode Hall Law School.

1987: Clerkship, High Court of Justice, Supreme Court of Ontario.

Affiliations

Ontario Bar Association

The Advocates' Society

Metro Toronto Law Association

Called to the Bar

Ontario (1986)

Education

Osgoode Hall Law School
LL.B. 1984

York University
B.A. 1981