Jeremy Martin

 jmartin@casselsbrock.com
Telephone: 416 860 2929
Fax: 416 640 3188
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Toronto
Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON
Canada
M5H 3C2

Jeremy Martin is a lawyer in the Litigation Group. His practice focuses on class actions, with particular experience in product liability, fraud recovery and commercial disputes, as well as some specialized experience in electoral law.  He has appeared as lead counsel before all levels of court in Ontario. 

Jeremy sits on the Ontario Bar Association’s Class Actions Section executive and is a six-time co-author of Ontario’s leading publication on developments in civil procedure.
 
Jeremy’s advice is often sought on novel or complex issues, or where a dispute requires an ‘outside the box’ solution.  He is frequently consulted when it is not clear what legal options are available to a client, or where the client would prefer litigation to be considered as a last resort.  A significant part of his practice consists of managing developing situations and applying his creativity and expertise in civil procedure to ensure they either resolve early or come into court on the best possible terms.
 
Due in part to that strategic, proactive approach to litigation, clients have begun to retain Jeremy specifically to design and present targeted defence seminars for their in-house legal teams.  Recent topics have included:
 
  • Drafting Effective Limitation of Liability Clauses; 
  • Class Action Strategy 101; and
  • Class Action Strategy 201: Alternative Claims Process Design.
Despite his record of success in the courtroom, Jeremy’s best results have been obtained in resolving highly sensitive disputes outside of the courts and the media. 
 

Representative Cases:

  • McEwing v. Canada (Attorney General), 2013 FC 525 (the ‘Robocalls case’): Acted for seven Members of Parliament and prevented their elections from being overturned on the basis of misleading directions being communicated to voters.
  • CTS of Canada, Limited v. Wood et al., Docket No. M48994 (C64519) (Ont. C.A.): Successfully blocked a coalition of public interest groups adverse to a client from intervening in a class action before the Ontario Court of Appeal.
  • R. v. Smith, 2018 ONSC 1614: Successfully appealed orders in a criminal proceeding that threatened to destroy key evidence for creditors seeking to recover from the operators of a nine-figure international pyramid scheme.
  • Burk Steel, Inc. v. Steelcon Group Ltd., 2015 ONSC 2637 (Div. Ct.): Secured and personally executed a rare search and seizure order against a non-compliant judgment debtor, successfully defending the order on appeal.
  • Cardinal Meat Specialists Ltd. v. Jarvis et al., 2014 ONSC 1107: Secured a Mareva (asset-freezing) injunction despite full notice to the defendants in a complex corporate misappropriation case.
  • Anderson v. Canada (Attorney General), Case file no. 2007 01T4955 CP et al. (Nfld. T.D.): Secured an unconditional discontinuance of Newfoundland’s third-party claim against a religious order in a $500 million residential schools class action.
  • Sterling Tile & Carpet v. Sierra Building Group et al., Case file no. SC-12-92836-0000: Obtained judgment in full as lead counsel on a three-day trial in respect of a residential development dispute.
Representative Solutions:
 
  • Extracted a client facing bankruptcy from multi-party litigation prior to defending the case, by preparing the plaintiff’s own case against another defendant and trading those materials for a full release
  • Avoided regulatory proceedings for a publicity-sensitive client by preparing a ‘sneak preview’ of future court materials, reframing the dispute with the regulator and resolving on positive terms
  • Stayed six related contractual actions with a one-page statement of defence
  • Recovered an $8 million judgment in less than six months through creative use of civil procedure and fraud investigation techniques
  • Brought a complex real estate development dispute from claim to trial within two months by negotiating injunction terms and the trial of a narrow issue
  • Resolved several sensitive personal issues for clients out of court
  • Managed numerous product liability claims strategically to minimize the risk of a class action

Publications:

  • D. McKay, P. Henein and J.M. Martin, “Annual Survey of Developments in Civil Procedure”, in Watson and McGowan et al., Ontario Civil Practice (Toronto: Carswell and Thompson Reuters, 2012 to 2018).
  • J.M. Martin, “Waiver of Tort: An Historical and Practical Survey” (2012) 52:3 C.B.L.J. 473 (Special Supplement).
  • J. Phillips and J.M. Martin, “Manitoba Fisheries v. The Queen: The Origins of Canada’s De Facto Expropriation Doctrine”, in Tucker et al., eds., Property on Trial: Canadian Cases in Context (Toronto: Irwin Law, 2012) at 259.
  • G.M. Zakaib and J.M. Martin, “International Class Actions in the Canadian Context: Standing, Funding, Enforceability and Trial”, (2012) 79 Def. Counsel J. 296.
  • J.M. Martin, “Sui Generis: Common Law Solutions to Constitutional Problems in Multijurisdictional Class Proceedings”, (2012) 69 U.T. Fac. L. Rev. 1.
  • G.M. Zakaib and J.M. Martin, “Recent Developments in Product Liability Class Proceedings”, 2010 OBA Class Action Colloquium (Toronto: Ontario Bar Association). 

 

Call to the bar

Ontario, 2012

Associations

  • Canadian Bar Association
  • Ontario Bar Association
  • Advocates' Society
  • Osgoode Society for Canadian Legal History