Since his call to the bar 45 years ago, Gavin MacKenzie’s practice has focused on commercial litigation, civil appeals, arbitrations, judicial review applications, and professional responsibility, liability, and discipline. He has appeared as counsel in over 200 reported cases, before all levels of court including the Supreme Court of Canada and before many tribunals. He was honoured by induction as a Fellow of the American College of Trial Lawyers in 2000.
Bar of Ontario, 1977
B.A., Western University, 1972
LL.B., Osgoode Hall, 1975
LL.D. (Hon.), Law Society of Upper Canada, 2010
In recent years Mr. MacKenzie has repeatedly been approached to serve as an arbitrator of commercial and partnership disputes. He has served as both a sole arbitrator and as a member of a three-arbitrator panel. His experience as an arbitrator includes law firm partnership and costs disputes. He has been a member arbitrator at Arbitration Place since January 1, 2021, and has consistently been listed in Best Lawyers™ in Canada in the field of Alternative Dispute Resolution.
Mr. MacKenzie was elected as a Bencher of the Law Society of Ontario for four consecutive four-year terms, and was elected as Treasurer, the highest position in the Society, on three occasions between 2006 and 2008. He has also served as a Director of the Advocates' Society, the Medico-Legal Society of Toronto, and the Canadian Institute for the Administration of Justice.
Mr. MacKenzie is the author of Lawyers and Ethics: Professional Responsibility and Discipline, a leading authority on legal ethics and professional responsibility and liability issues for practitioners and the courts for the past 27 years (throughout which time it has been supplemented at least annually). The 6th student edition was published by Thomson Reuters (Carswell) in 2018. He has authored many other legal publications and has served as an Adjunct Professor of Legal Ethics at Osgoode Hall Law School.
Mr. MacKenzie is often retained as an expert witness on professional responsibility and litigation in Canada and in the United States. He recently testified in the Supreme Court of Singapore as an expert on Canadian commercial litigation. His practice has included a number of medical malpractice appeals and professional liability work in many industries, including health care (public hospitals and long term care facilities), financial services, and a wide variety of regulated professions.
Since 1993, Mr. MacKenzie has received the highest available peer review rating from Martindale-Hubbell for legal ability and adherence to high ethical standards. He is repeatedly recommended as a leading practitioner in the field of professional liability by the Canadian Legal Lexpert Directory, and, in addition to his recognition in the field of Alternative Dispute Resolution as mentioned above, he is consistently listed in Best Lawyers™ in Canada for his work in Appellate Law, Legal Malpractice Law, Administrative and Public Law, Alternative Dispute Resolution, Class Action Litigation, Corporate and Commercial Litigation, and Product Liability Law. Mr. MacKenzie has also been selected by American Lawyer Media and Martindale-Hubbell as a Top Rated Lawyer in Canada, and has been recognized by the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
In 2010, Mr. MacKenzie was awarded an honorary Doctor of Laws (LL.D.) degree from the Law Society of Upper Canada in recognition of his contributions to the legal profession.
Awards and Recognitions
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Inducted as a Fellow of American College of Trial Lawyers (2000)
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Recipient of “AV” (“Pre-eminent”) peer review rating by Martindale-Hubbell (the highest available rating for legal ability and adherence to high ethical standards) (1993-present)
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Admitted to degree of Doctor of Laws, Honoris Causa, by Law Society of Upper Canada (2010)
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Inducted as a Fellow, Litigation Counsel of America (2011)
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Named Toronto "Lawyer of the Year" in Appellate Law by Best Lawyers™ in Canada (2012)
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Listed in Best Lawyers™ in Canada for his work in Appellate Law, Legal Malpractice Law, Administrative and Public Law, Alternative Dispute Resolution, Class Action Litigation, Corporate and Commercial Litigation, and Product Liability Law (2012-present)
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Selected by American Lawyer Media and Martindale-Hubbell as a 2013 Top Rated Lawyer in Canada (2013)
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Named Litigation Star by Benchmark Canada (2014-present)
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Ranked by the Canadian Legal Lexpert® Directory as a leading practitioner in the field of Professional Liability (2015-present)
Memberships
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Past Director, Canadian Institute for the Administration of Justice
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Past Chair, LibraryCo Inc., the library system of Ontario Law Associations
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Past Director, Medico-Legal Society of Toronto
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Past Director, The Advocates' Society
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Member, Canadian Bar Association
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Member, Osgoode Society
Community Involvement & Other Activities
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Distance running, including 13 consecutive Boston Marathons (2002-2014)
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Former Director and Board Chair, York Region Rose of Sharon