Jill Dougherty

Partner

Toronto
416.947.5058

Jill Dougherty

Experience

Practice Areas

Jill Dougherty is Chair of the firm's Professional Regulatory Bodies Practice Group. She has over 20 years of experience acting on behalf of both private and public sector clients. Jill 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 has been recognized as a leading practitioner in the Canadian Legal Lexpert® Directory. She is also repeatedly 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.).

Awards

  • Repeatedly recognized in Best Lawyers in Canada as a leading lawyer in Administrative and Public Law and Health Care Law
  • Recognized in the 2018 Canadian Legal Lexpert Directory as a leading lawyer in Litigation–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.
Called to the Bar
  • Ontario (1986)

Education
  • LL.B., Osgoode Hall Law School, 1984
  • B.A., York University, 1981
Affiliations
  • Ontario Bar Association
  • The Advocates' Society
  • Metro Toronto Law Association

Speaking Engagements

Panelist, "Freedom of Speech or Professional Breach? Regulating Professional Conduct Regarding Public Health Measures During a Pandemic”, CNAR 2021 Conference, October 14, 2021
Speaker, Council of Licensure, Enforcement and Regulation, 2018 Annual Education Conference, Philadelphia, PA, September 26-29, 2018.
Speaker, "Hot Topics in Regulation", Canadian Network of Agencies for Regulation, Toronto, ON, June 27, 2018.
Speaker, "Advanced Issues in Professional Regulation", Ontario Bar Association, Toronto, ON, May 14, 2018.
Speaker, "Unique Challenges for Regulators in Sexual Abuse Cases", WeirFoulds Professional Self-Regulatory Bodies Seminar, Toronto, ON, April 20, 2018.
Speaker, "Current Developments in Screening Committees", RegPro2018 - Professional Regulation & Discipline, Toronto, ON, April 11, 2018.
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.

Publications

Legend: GeneralLitigationPropertyCorporateGovernment

News

Legend: GeneralLitigationPropertyCorporateGovernment

In the Media

Legend: GeneralLitigationPropertyCorporateGovernment

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