Clare Elizabeth Burns

Clare Burns is an experienced litigator who acts in complex and highly sensitive matters. Her practice focuses on trusts, estates and capacity litigation. In 2014, Clare received the Lexpert Zenith Award for her demonstrated excellence and thought leadership in trusts and estates.

Clare served as the Children’s Lawyer for the Province of Ontario from 2003 to 2008 pursuant to an Order-in-Council appointment.

As the Children’s Lawyer, Clare’s office was responsible to investigate, advocate, protect and represent persons under the age of 18 in proceedings before the courts and tribunals of Ontario. In this role, she supervised more than 11,000 cases including variations of trust, will challenges, passings of accounts, guardianships and all kinds of dependant’s relief matters. She also developed expertise in personal injury matters.

As the Children’s Lawyer, Clare appeared in the Ontario Superior Court and the Court of Appeal for Ontario on behalf of children. Notably she was counsel for the child in A. (A.) v. B. (B.), the case which determined that a child could have more than two parents.

Prior to her appointment as the Children’s Lawyer, Clare’s private practice was restricted to civil litigation. She appeared at the Ontario Superior Court (including many appearances at the Estates List), the Court of Appeal for Ontario, the Tax Court of Canada, the Federal Court of Canada, the Supreme Court of Canada and on various matters dealt with by way of ADR both in Ontario and internationally, pursuant to ICC Rules.

Significant commercial litigation briefs included: Bank of Montreal ats Bourgeois (concerning allegations related to the operation of the Bank’s managed futures business), Nesbitt Burns Inc. ats Ukrainain (Fort William) Credit Union Limited (concerning allegations of negligent derivates trading); Exxon Chemical Company ats Lubrizol (motor oil patent infringement); and Lurgi AG ats Cominco (concerning allegations of negligent construction of a lead smelter).