K. Scott McLean LL.B., M.A., B.A. (Hons.), Partner

Scott practises predominantly in the area of corporate and commercial litigation. Since 1977, he has appeared at all trial and appellate levels in Ontario, as well as at all federal levels, including several appearances before the Supreme Court of Canada. Scott has also been involved in complex commercial matters in Alberta, Manitoba, the Northwest Territories and Quebec. In addition to his commercial trial and appellate experience, he has regulatory experience before tribunals in Ontario and Federal jurisdictions, including the Ontario Energy Board, the Ontario Human Rights Commission and the Canadian Human Rights Commission, representing employers in senior employment litigation.

Scott represents corporate interests in the financial, high tech and business sectors.

Scott has particular expertise in the conduct of complex commercial litigation against governments at all levels, and statutory bodies.

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Scott has 30 years of trial and appellate experience. He is considered to be among the top commercial litigators and is engaged actively across the province. Scott is often retained by other lawyers and law firms to represent their interests or the interests of their clients where his expertise can assist.

Scott has a reputation as an experienced strategist in the structure and conduct of complex commercial litigation.

In recent years, Scott has acted on and has developed an expertise in disputes involving companies offering a full suite of domain registration, web hosting and email services, and he has litigated interests that include .COM, .NET, .ORG, and .CA domains.

Publications
"Doing the Best It Can": A Damages Survey paper delivered at the County of Carleton Law Association
"Anton Piller KG: Lessons from Celanese" paper delivered at the County of Carleton Law Association Civil Litigation Update, Mont Ste. Marie, Quebec
“Some Basic Contract Principles Revisited”, paper delivered at the County of Carleton Law Association
CCLA 23rd Annual Civil Litigation Updated Conference “Practical Skills for the Litigator”, November 2003, Château Montebello, Québec
“The Exercise of Judicial Discretion and Costs”, paper delivered at the County of Carleton Law Association Civil Litigation Update November 1989, Mont Ste. Marie, Québec
“Recent Developments in Banking Law”, paper delivered at the County of Carleton Law Association, Mont Ste. Marie, Québec, 1987
“Treating the New Summary Judgment Procedure under Rule 20 of the New Rules of Practice”, paper delivered at the 1985 March Special Lectures conducted by the Law Society of Upper Canada, Toronto, April 1985
Teaching Roles
Lecturer, Carleton University in Law and Public Administration (commencing in 1975 and current)
Former Director, Skills Program at the Bar Admission Course (Ottawa)
Former Lecturer, Programs sponsored by the Law Society of Upper Canada
Lecturer, Programs sponsored by the Carleton County Law Association
Prior Speaking Engagements
Presenter on special invitation to Master's Association Annual Meeting
Presenter, “The Paper Chase: E-Discovery”, Workshop 402 - Canadian Corporate Counsel Association CCCA 2006 National Spring Conference, Ottawa, ON, April 25, 2006
Participant, “Tips From the Trenches: Motions and Appeals: The Spotlight’s on You”, Ottawa Joint CLE, May 2003
Participant, “Civil Litigation: Tips From the Trenches Part 2: Preparing and Conducting Trials”, Ottawa Joint CLE, Ottawa, September 2002
Participant, “Advocacy in the Courts of Appeal”, Advocates’ Society Courthouse Series 2001 – Ottawa, February 22, 2001
Presenter, “Preparing for Business Litigation (Discovery)”, Canadian Bar Association, Ontario, April 1984, Ottawa
Contact Information
Ottawa
+1 613 783 9665
scott.mcLean@fmc-law.com
Year of Call
1977 (Ontario)
Education
University of Windsor, M.A. (First Class Honours, Political Science), 1976
University of Windsor, LL.B. (Second Class Honours), 1975
Carleton University, B.A. (Hons., Political Science), 1973
Languages Spoken
English