Practice Areas: Corporate-Commercial & Civil Litigation, Criminal Law, Constitutional Litigation
Law School: Osgoode Hall, LL.B.; University of Leicester, LL.M.
Bar Admission: Ontario, 1987
Email: jmorton@smhilaw.com

James Morton is the head of our litigation group. He is past President of the Ontario Bar Association.  His practice focuses on commercial, criminal and constitutional litigation in all levels of court, from Tribunals through to the Supreme Court of Canada. He is a certified specialist of the Law Society of Upper Canada in the area of Civil Litigation and the Treasure's Medalist for 1988.

Some cases of note in which James has acted include:

Biggs v. Lambert (2006) Superior Court decision on legal fees and entitlements

 R. v. Sazant (2003): Ontario Court of Appeal on criteria for proceeding with charges at preliminary inquiry and reviews of such criteria.

Minott v. O'Shanter (1999): Ontario Court of Appeal on finality of tribunal determinations and issue estoppel.

Leroux v. TransCanada (1997): Federal Court of Appeal on aboriginal issues and rights of appeal.

R. v. Black (1992): Ontario Court of Appeal on criminal elements of bankruptcy fraud.

Labelle v. Labelle (1990): Ontario Court of Appeal on unequal division of family property on divorce.

James takes an active role in the field of legal education, lecturing in the area of evidence and advanced evidence at Osgoode Hall Law School of York University and Thomas M. Cooley Law School at Lansing, Michigan. James also teaches Estate Administration at the Law Clerks Institute, and has taught in the areas of Civil Litigation, Professional Responsibility, Bankruptcy and Business Law of the Bar Admission Course.

James graduated from Osgoode as Silver Medallist, clerked with the Chief Justice of Ontario, stood first in the Bar Admission Course, and practiced with Tory Tory DesLauriers & Binnington prior to joining our firm.

James has published extensively, and some of his titles include:

Presumption of Innocence (Carswell 1987)

Limitation of Civil Actions (Carswell 1988)

Search and Seizure Law in Canada (Carswell 1990)

Canadian Encyclopedic Digest, Limitation of Actions (Carswell 1994)

Strategies in Civil Litigation (Butterworths, 1998)

Guide to Costs in Ontario (CCH, 2002)

A Pocket Guide to Evidence (2d ed) ( Butterworth's, 2002)

Ontario Superior Court Practice (CCH, 2003/4), together with Justice Killeen and Andrew James

Cases and Materials for Advanced Evidence York University, 2001 (co-editor with Mr. Justice Archibald)

Written Advocacy Butterworths 2001 (co-author with Michael Freeman

Ontario Superior Court Practice (2001) August 2000, CCH Co-author with Mr. Justice Killeen and Andrew James (Annotated Rules of Superior Court Practice – Annual)

Pocket Guide to Evidence Butterworths 2000

Procedural Strategies For Litigators Butterworths 1998 co-author with Michael Iacovelli (Special Western Canada Edition released Butterworths 2001)

Evidence: Cases and Materials York University, 1997 (editor)

Limitation of Actions Canadian Encyclopedic Digest (Ontario) and Canadian Encyclopedic Digest (Western) (1995)

Search and Seizure Law in Canada Carswell, 1990 co-author with Scott Hutchison

Limitation of Actions Canadian Encyclopedic Digest (Ontario) (1998)

Limitation of Civil Actions Carswell 1988

Presumption of Innocence Carswell 1987 co-author with Scott Hutchison