Neil has a general practice in public law and civil litigation, with a particular focus on administrative and constitutional law matters. Before joining Olthuis van Ert, he was an associate at a national firm. Prior to that, he clerked at the Supreme Court of Canada for Chief Justice McLachlin and Justice Martin and the Federal Court of Appeal for Justice Gleason. Neil graduated from the University of Toronto Faculty of Law. Before he became a lawyer, Neil worked for several years as a senior economist and policy advisor for the federal government.
Ontario (2017), British Columbia (2021)
BA (Queen’s), MPA (Dalhousie), JD (Toronto)
Supreme Court of Canada (McLachlin CJ and Martin J, 2017–2018)
Federal Court of Appeal (Gleason JA, 2016–2017)
English, French
he/him
Neil handles a variety of public law matters including constitutional challenges, judicial reviews and statutory appeals of administrative decisions, and appeals. He has acted or advised in matters involving the division of powers, human rights, public sector accountability, and land use planning.
Selected cases
Canada (Attorney General) v. Power, 2024 SCC 26: Neil acted for the David Asper Centre for Constitutional Rights, intervening, in this appeal in which the Supreme Court of Canada affirmed the availability of Charter damages for losses caused by the application of unconstitutional laws.
Teksavvy Solutions Inc. v. Bell Media Inc., 2021 FCA 100: Neil acted for the intervener the British Columbia Civil Liberties Association, arguing the adverse Charter implications of an unprecedented injunction that required internet service providers to block access to certain websites.
British Columbia (Attorney General) v. Le, 2023 BCCA 200: Neil supported Gib van Ert on behalf of the Trial Lawyers Association of British Columbia in its successful administrative law challenge of a regulation imposing a cap on disbursements in motor vehicle claims.
Rorison v Insurance Corporation of British Columbia, 2022 BCSC 624, 2023 BCCA 474, 2024 BCSC 834: Neil supports Gib van Ert on behalf of the plaintiffs in this certified class action against ICBC and the Province of British Columbia for losses to catastrophically injured motorists and ratepayers as a result of a scheme whereby ICBC purports to reimburse the Province for the cost of doctors’ visits. The action was certified in respect of the accident victims in 2022 and in respect of the ratepayers in 2024. It will now proceed to a common issues trial. The litigation continues.
British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20 and Nova Scotia (Attorney General) v. Judges of the Provincial Court and Family Court of Nova Scotia, 2020 SCC 21: Neil acted for the Canadian Bar Association, intervening, in this appeal in which the Supreme Court of Canada addressed disclosure obligations in judicial reviews of decisions about judges’ compensation.
Selected mandates
Neil acted as counsel to the Rt. Hon. Beverley McLachlin in her 2019 investigation into alleged misconduct by public officials of the Legislative Assembly of British Columbia.
Neil has provided ad hoc in-house legal advisory support for the British Columbia Civil Liberties Association and the West Coast Prison Justice Society.
Neil has been engaged by parties arguing appeals before the Supreme Court of Canada to provide drafting support and/or to act as moot opposing counsel, including for Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, and Canadian Council for Refugees v. Canada (Citizenship and Immigration), 2023 SCC 17.
Neil provided advice to a federal Minister called to testify before a legislative committee.
Neil acts as general counsel to arbitral tribunals and as counsel to private parties in arbitrations.
Selected cases
Neil acts as general counsel to an arbitral tribunal of the Permanent Court of Arbitration comprised of two former national chief justices and another former national apex court justice in a natural resources dispute between a sovereign nation and private corporations.
Neil acted for a private party to a commercial arbitration involving contract and commercial law. The party was entirely successful and was awarded substantial indemnity costs by the arbitrator.
Neil acts in a variety of private law matters including employment litigation, breach of contract claims, tort claims, and property disputes.
Selected cases
Rovi Guides, Inc. v. Videotron G.P., 2019 FC 1220, 2019 FCA 321: Neil acted for a foreign third party that successfully opposed a motion (and the appeal of the motion order) for it to produce documents and be examined in a Federal Court patent dispute.
City of Ottawa v. ClubLink Corporation ULC, 2021 ONSC 1298: Neil acted as junior counsel on behalf of the City of Ottawa in a dispute involving the interpretation and application of multiple historical land use agreements.
Neil provides advisory opinions on complex criminal law matters including criminal proceedings at first instance and on appeal.
Selected cases
R. v. Young, 2023 ONSC 4300: Neil and his co-counsel successfully argued on appeal that the trial judge erred in his treatment of the accused’s and complainant’s contradictory testimony.
Meng extradition proceedings: as part of the team resisting extradition of the Huawei chief financial officer, Meng Wanzhou, to face fraud charges in the USA, Neil provided support to Gib van Ert on the question of whether the US extradition request was contrary to the customary international law of state jurisdiction and the Charter. The US abandoned the proceedings before judgment was rendered.
Selected mandates
Neil has advised clients on criminal and constitutional law issues relating to conditions of incarceration, Criminal Code provisions, and the electronic gaming sector.