Hilary E. Clarke

Partner


Toronto

Tel : 416.865.7286
Fax : 416.865.7048

Email : hilary.clarke@mcmillan.ca
VCard : vcard

Professional Experience

Hilary Clarke is a senior partner in the Litigation Group at McMillan. Her practice focuses on complex commercial litigation with an emphasis on banking and financial services, bankruptcy and insolvency, corporate governance/shareholder remedies and environmental litigation. Hilary has represented clients in a wide range of disputes including class actions, claims of negligence, breach of contract, breach of fiduciary duty, lender liability, auditors' negligence, fraud, misrepresentation, and breach of trust, in priority disputes and in actions to recover debt. She has also acted for clients in a number of Canada's most significant insolvency and restructuring proceedings, both domestic and cross-border, including, Canwest, Nortel, Air Canada, Irwin Toy and Philip Services.

She has appeared before all levels of court and before a wide variety of administrative boards and tribunals. Hilary also has extensive experience in alternative methods for resolving disputes, like mediation and arbitration.

Hilary has written articles and lectured at conferences organized by the Canadian Bar Association, the Law Society of Upper Canada, the American Bar Association, Osgoode Hall Law School, International Women's Insolvency and Restructuring Confederation and to other industry and professional groups. Hilary has taught a course on alternative methods of dispute resolution at Queen's University Law School.

In 1986, Hilary served as a law clerk to the Chief Justice of Ontario and thereafter joined McMillan.

publications and presentations
December 2011
Avoid "Courting" Disaster – How Best to Manage Litigation Risk
Corporate Counsel Series, McMillan LLP
November 2011
The Weakest Link: Supreme Court of Canada Rules Against Defamation by Hyperlink
Commercial Times, Number 532
October 2011
the weakest link: Supreme Court of Canada rules against defamation by hyperlink
litigation bulletin
October 2011
Whose Bank Account is it Anyway? A Bank's Right to Close an Account Against the Customer's Will
National Banking Law Review, Lexis Nexis, Volume 30, Number 5


  • banking and financial services
  • bankruptcy and insolvency
  • corporate governance
  • electricity
  • litigation and dispute resolution
  • restructuring

  • Advocates' Society
  • Canadian Bar Association
  • International Women's Insolvency and Restructuring Confederation
  • International Bar Association
Ontario Bar - 1985

Osgoode Hall Law School, LLB - 1983

Queen's University, BA (Hons.) - 1980