Education

University of Manitoba, BA, 1985, with distinction McGill University, LLB/BCL, 1989, with honours 

Bar Admissions

Ontario, 1991

Richard B. Swan

Partner
Co-Head of Commercial Litigation Practice

T: 416.777.7479 / E: swanr@bennettjones.com

Toronto

A Fellow of the American College of Trial Lawyers, Richard Swan is Co-Head of the firm's Commercial Litigation Practice Group and carries on a focused litigation, arbitration and dispute resolution practice. He has comprehensive and extensive trial and appellate experience, regularly appearing before a range of tribunals, arbitral bodies and courts, including all levels of court in Ontario and the Federal Court.

Richard was named by Benchmark Canada as its 2015 Ontario Litigator of the Year.

Richard was a successful counsel in the Waxman litigation, one of the best known, most extensive and factually complex commercial proceedings in Ontario.

Richard's practice focuses on corporate, commercial and public law disputes. He has experience in matters pertaining to corporate, shareholder, oppression, securities, partnership, commercial contract, real property, injunction, domestic and international arbitration, technology, intellectual property, licensing, restructuring, project development, fiduciary duty, and professional negligence disputes, among others.

Richard is recognized for his expertise and standing in the areas of corporate and commercial litigation and dispute resolution by Chambers Global: The World's Leading Lawyers for Business, The Best Lawyers in Canada, Benchmark Canada, Euromoney Litigation Expert Guide and Lexpert (Canada's Leading Litigation Lawyers). Chambers Global observes that his courtroom presentation "leaves judges and even opposing counsel wide-eyed with admiration". In 2002, Richard was named by Lexpert as one of the Top 40 Under 40 Lawyers in Canada.

As well, he regularly speaks on corporate, civil, administration and regulatory law at professional conferences.

Richard joined Bennett Jones from another leading national law firm. Previously, he clerked at the Federal Court of Appeal in Ottawa.

Select Experience

• Former directors of Sears Canada Inc., in defence of multiple actions arising from the Board's approval of a $509-million dividend in 2013 and Sears' ultimate insolvency filing in 2017
• Alliance Atlantis Communications Inc., in the sale of Movie Distribution Income Fund's 49 percent indirect interest in Motion Picture Distribution LP

Recent Recognitions

• Chambers Canada
  
  Ranked, Litigation: General Commercial – Ontario
• Chambers Global
  
  Band 2, Dispute Resolution: Litigation
  
  
• The Legal 500 Canada
  
  Recognized as a Leading Lawyer, Dispute Resolution
  
• Canadian Legal Lexpert Directory
  
  Consistently Recommended, Litigation - Corporate Commercial
  Repeatedly Recommended, Litigation - Directors' & Officers' Liability
  
  
• Benchmark Litigation: Canada
  
  Recognized as a Litigation Star
  Recognized as one of the Top 50 Trial Lawyers
  
  
  
• Best Lawyers in Canada
  
  Recognized for Corporate and Commercial Litigation
  
  
• Euromoney Litigation Expert Guide
  
  Recognized as a leading litigation lawyer
  
• Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
  
  Ranked, Litigation - Corporate Commercial
• Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
  
  Recognized as one of Canada's leading dispute resolution lawyers
  
  
• Lexpert Special Edition: Litigation
  
  Recognized as one of Canada's leading lawyers in litigation
• Lexpert Special Edition: Technology and Health
  
  Recognized as one of Canada's leading lawyers in Technology and Health

Recent Insights, News & Events

• Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure
  Blog / May 08, 2025
  In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to reducing delay in the Ontario judicial system and fostering greater access to justice.
• Bennett Jones Lawyers Named Among Canada’s Top Litigators By Benchmark Canada
  Announcements / May 01, 2025
  Thirty-seven Bennett Jones lawyers have been recognized in the Benchmark Canada 2025 rankings, including 30 Litigation Stars and 10 Future Stars. Five of our lawyers were also named among the Top 50 Trial Lawyers in Canada.
• Chambers Global Ranks Bennett Jones Lawyers in 2025 Guide
  Announcements / February 13, 2025
  Bennett Jones has been recognized in the Chambers Global Guide 2025, with 49 lawyers ranked across 19 practice areas. Clients in Canada and around the world trust us to navigate their most complex legal matters. Our inclusion in Chambers Global Guide 2025 highlights our commitment to an exceptional client experience, deep industry knowledge and long-standing client relationships.
• Bennett Jones Recognized as Top-Tier Firm in Legal 500 Canada Rankings
  Announcements / November 14, 2024
  Bennett Jones has once again been recognized as a top-tier firm in five practice areas in the 2025 Legal 500 Canada guide. Known for our deep knowledge and client-focused approach, we consistently deliver strategic solutions that help clients solve their most complex legal matters. This recognition highlights our commitment to excellence and our dedication to achieving the best results for our clients.
• Bennett Jones Top Ranked in Chambers Canada 2025
  Announcements / September 26, 2024
  Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year. 
• Bennett Jones Partners Lead Benchmark Top 50 Trial Lawyers in Canada 2024 Rankings
  Announcements / May 03, 2024
  Bennett Jones has six lawyers ranked in Benchmark's Top 50 Trial Lawyers in Canada for 2024, more than any other firm. 
• Chambers Global Ranks Bennett Jones Lawyers in 2024 Edition
  Announcements / February 15, 2024
  Bennett Jones has 49 lawyer rankings across 19 practice areas in Chambers Global 2024. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering 49 detailed rankings and insight into the world's leading lawyers. 
• Bennett Jones Top Ranked in Chambers Canada 2024
  Announcements / September 28, 2023
  Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
• Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
  Announcements / August 24, 2023
  104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
• Bennett Jones Partners Lead Benchmark Top 50 Trial Lawyers in Canada Rankings
  Announcements / May 03, 2023
  Bennett Jones has five lawyers ranked in Benchmark's Top 50 Trial Lawyers in Canada for 2023, more than any other firm. 
• Forty Bennett Jones Lawyers Recognized In Benchmark Canada 2023
  Announcements / April 26, 2023
  Bennett Jones is Highly Recommended in the 2023 Benchmark Canada rankings, with 40 individual lawyers ranked this year—30 Litigation Stars and 10 Future Stars. Benchmark Litigation's law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients as well as analysis of the market’s most important cases and firm developments.
• Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On
  Blog / March 24, 2023
  Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. The significant commercial impact brought on by the COVID-19 pandemic—and resultant government shutdowns and restrictions—appeared ripe to trigger these clauses and spawn significant litigation.
• Bennett Jones Shines In Legal 500 Canada Rankings
  Announcements / November 09, 2022
  Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
• Bennett Jones Highly Recommended in Benchmark Canada 2022
  Announcements / April 28, 2022
  Bennett Jones is Highly Recommended as a firm in the 2022 Benchmark Canada rankings, with 38 individual lawyers ranked this year—30 are Litigation Stars, with 5 ranked as a Top 50 Trial Lawyer, and 8 are Future Stars.
• Twenty-Four Bennett Jones Lawyers in 2022 Lexpert/ALM 500 Directory
  Announcements / January 06, 2022
  Twenty-four Bennett Jones lawyers are recognized in the 2022 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
• Bennett Jones: "Top Tier" in Chambers Canada 2022
  Announcements / September 16, 2021
  Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
• Bennett Jones' Best Lawyers in Canada 2022
  Announcements / August 26, 2021
  146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
• Bennett Jones Leads Benchmark Top 50 Trial Lawyers in Canada Rankings
  Announcements / May 06, 2021
  Bennett Jones has five lawyers ranked in Benchmark's Top 50 Trial Lawyers in Canada for 2021, more than any other firm. 
• Bennett Jones Highly Recommended in Benchmark Canada 2021
  Announcements / May 04, 2021
  Bennett Jones is Highly Recommended as a firm in the 2021 Benchmark Canada rankings, with 37 individual lawyers ranked this year—29 are Litigation Stars, 8 are Future Stars and 5 are Top 50 Trial Lawyers.
• 159 Lawyers in Canadian Legal Lexpert Directory
  Announcements / April 29, 2021
  159 Bennett Jones lawyers have been ranked in the annual edition of The Canadian Legal Lexpert Directory. 26 are in the highest category of Most Frequently Recommended.
• Twenty-Five Bennett Jones Lawyers in Lexpert/ALM 500 Directory
  Announcements / December 17, 2020
  Twenty-five Bennett Jones lawyers are recognized in the 2021 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.
• 40 Bennett Jones Lawyers in Lexpert's Special Edition on Litigation
  Announcements / November 26, 2020
  Forty Bennett Jones lawyers are ranked in the 2020 Lexpert Special Edition – Canada's Leading Litigation Lawyers. This annual feature profiles Lexpert-ranked lawyers in business-related litigation and appears in the December issue of the Globe and Mail’s Report on Business Magazine.
• Bennett Jones is Recognized in Chambers Canada 2021
  Announcements / September 10, 2020
  Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 115 lawyer rankings in Chambers Canada 2021.
• Richard Swan in CBC News on Kingsway Entertainment District
  In The News / June 30, 2020
  Richard Swan (who is acting for Gateway Casinos along with Andrew Jeanrie and Ian Thompson) appears in CBC News' coverage of Superior Court proceedings in a case involving Sudbury's Kingsway Entertainment District.
• Richard Swan on Tom Fortin v. The City of Greater Sudbury
  In The News / June 30, 2020
  Richard Swan (who is acting for Gateway Casinos along with Andrew Jeanrie and Ian Thompson) appears in sudbury.com's coverage of the Superior Court hearing on Tom Fortin v. The City of Greater Sudbury. The City and Gateway Casinos made their cases during day two of the hearing.
• Richard Swan and Gannon Beaulne in Canadian Mining Journal
  Articles / June 24, 2020
  Richard Swan and Gannon Beaulne write in the June edition of Canadian Mining Journal on the growing legal uncertainty for miners operating abroad, illustrated by the Araya v Nevsun Resources Ltd case [...]
• Christine Viney and Richard Swan on Insurance Issues and the Pandemic
  In The News / June 02, 2020
  Christine Viney and Richard Swan comment in Canadian Lawyer on what the COVID-19 pandemic might mean for insurance litigation and the insurance industry. Christine says, “Insurers, generally, are [...]
• Preet Gill and Richard Swan in Globe and Mail on Force Majeure and Coronavirus
  In The News / March 16, 2020
  As Canadian businesses begin to deal with the fallout of the novel coronavirus, many are evaluating whether their commercial contracts could be broken by force majeure clauses that cover events outside the parties’ control. Preet Gill and Richard Swan comments in this Globe and Mail story.
• Force Majeure Clauses and Risk Management in the Face of COVID-19
  Blog / March 06, 2020
  The novel Coronavirus (which causes COVID-19) was first reported from Wuhan, China, on December 31, 2019, and has been rapidly spreading since, with the outbreak now declared a global health emergency by the World Health Organization (WHO). A consideration that arises in the commercial sphere is whether a party whose performance of contractual or commercial obligations is affected by COVID-19 can utilize a "force majeure" clause within a contract to excuse its non-performance. Such clauses, when engaged, either permanently or temporarily relieve the affected party from the performance of contractual obligations, and from the consequences of a failure to perform those obligations, where performance is rendered effectively impossible by unforeseen, extraordinary events or circumstances beyond that party's control.
• Twenty-three Bennett Jones Lawyers in Leading 500 in Canada
  Announcements / December 13, 2019
  Twenty-three Bennett Jones lawyers are recognized in The 2020 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. 
• Bennett Jones: Canada’s Leading Litigation Lawyers
  Announcements / November 29, 2019
  Thirty-five Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Litigation Lawyers. 
• Bennett Jones' Leading Lawyers in Chambers Canada 2020
  Announcements / September 19, 2019
  Bennett Jones has been recognized as one of Canada’s leading law firms with over 100 recognized practitioners nationally in Chambers Canada 2020. Here are a few things clients have said: “The [...]
• Lexpert's 2019 Guide to U.S./Canada Cross-Border Lawyers
  Announcements / June 14, 2019
  Sixteen Bennett Jones lawyers are ranked in Lexpert’s 2019 Guide to U.S./Canada Cross-Border Lawyers in Canada.
• 136 Lawyers in Canadian Legal Lexpert Directory
  Announcements / May 06, 2019
  136 Bennett Jones lawyers have been ranked in the annual edition if the Canadian Legal Lexpert Directory in 49 practice areas in our offices across Canada. Bennett Jones received 26 lawyer rankings in the highest category of Most Frequently Recommended:
• 22 Bennett Jones Lawyers in Leading 500 in Canada
  Announcements / December 12, 2018
  Twenty-two Bennett Jones lawyers are recognized in The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. The directory profiles the most frequently recommended lawyers across Canada, identified via an extensive, annual peer survey.
• Bennett Jones—Lexpert’s Leading Canadian Litigation Lawyers
  Announcements / November 29, 2018
  27 Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Litigation Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in December’s Report on Business Magazine in the Globe and Mail.
• Lexperts 2018 Guide to U.S. Canada Cross-Border Lawyers in Canada
  Announcements / June 27, 2018
  Twelve Bennett Jones lawyers are ranked as Most Frequently Recommended in Lexpert’s 2018 Guide to U.S./Canada Cross-Border Lawyers in Canada.  
• 120 Lawyers in Canadian Legal Lexpert Directory
  Announcements / April 16, 2018
  120 Bennett Jones lawyers have been ranked in the annual edition of The Canadian Legal Lexpert Directory in 26 practice areas in our offices across Canada. 29 lawyers are individually ranked in the highest category of Most Frequently Recommended...
• Bennett Jones Litigation Lawyers—Lexpert’s Canadian Leaders
  Announcements / November 24, 2017
  18 Bennett Jones lawyers are ranked in the Lexpert special edition of Canada's Leading Litigation Lawyers. The edition appears in the December edition of the Globe and Mail’s Report on Business Magazine.
• Bennett Jones US/Canada Cross-Border Litigation Lawyers—Canadian Leaders
  Announcements / November 24, 2017
  Twenty Bennett Jones lawyers are ranked in Lexpert’s Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada. The guide profiles peer-ranked lawyers in Competition/Antitrust Law, Insolvency and Financial Restructuring, Corporate Commercial, Securities, Intellectual Property, Corporate Tax, Defamation and Media, Product Liability and Class Actions as well as International Commercial Arbitration, Class Actions, and International Trade Regulation.
• The Supreme Court of Canada Clarifies the Personal Liability of Directors in Oppression Cases
  Blog / July 17, 2017
  In Wilson v. Alharayeri, 2017 SCC 39 [Alharayeri], the Supreme Court of Canada in a unanimous decision provides significant guidance as to when directors ought to be held personally liable for oppressive [...]
• Richard Swan in Lawyers Daily on Representation in Court
  In The News / May 12, 2017
  Richard Swan comments in The Lawyer's Daily on the growing trend of non lawyers representing defendants in provincial court cases. The R. vs. Allahyar case is the latest example of this. Richard says, “Allahyar is very current and purposive. It is sensitive to access to justice and access to representation issues in the modern swirl of everyday provincial offences court . . . although representation by a friend or relative doesn’t apply in higher level civil or criminal matters, the court here is signalling that where it is permissible, it should not be discouraged unless the proposed representative is not competent or his or her involvement will clearly interfere with the proper administration of justice."
• Bennett Jones Acts in Lexpert Top 10 Business Decision of 2016
  In The News / February 14, 2017
  Richard Swan, Richard Orzy and Gavin Finlayson acted for the Ad Hoc Group of Bondholders in Nortel Networks Corp. (Re) (OCA), one of Lexpert's Top 10 Business Decisions of 2016. The cross-border insolvency proceedings relating to Nortel Networks Corp. are described as “one of the most complex trans-national legal proceedings in history” and "truly precedential" because the case went to appellate courts in Canada and the United States, whose individual decision had an impact on the other.
• Any Amendment Must be in Writing Signed by the Parties
  Updates / June 01, 2016
  The English Court of Appeal recently held that an express clause in a contract requiring that any amendment be in writing and signed by the parties does not preclude oral or unsigned amendments to the contract. In holding that an oral amendment could be effective notwithstanding an “anti-oral amendment” clause, the Court of Appeal settled divergent English case law on the point, and provided persuasive authority for a similar result in Canada.
• Richard Swan Discusses Landlord Position in Target Canada Insolvency in the Globe and Mail
  In The News / July 31, 2015
  In Marina Strauss's Globe and Mail article, "Landlords Call on Target to Release Inter-company Claims Information," Richard Swan is quoted talking about his clients' (RioCan Real Estate Investment Trust and KingSett Capital Inc.) position in Target Canada's insolvency: "We just want to make sure that the creditors are not in any way prejudiced."
• Bennett Jones Receives Top Honours in Four Practice Areas by Chambers Global Rankings
  Announcements / March 18, 2015
  The 2015 Chambers Global Rankings have been published and once again Bennett Jones LLP remains one of the top ranked law firms in the country, with 18 rankings out of 28 categories and 60 individually ranked lawyers.
• Richard Swan Addresses the Ontario Bar Association
  Announcements / May 10, 2013
  On May 9th, Bennett Jones partner Richard Swan joined the OBA's conference on Business Law for Trust and Estate Lawyers to address shareholder remedies in estate planning and questions regarding judicial succession planning.
• Effective Succession Planning to Minimize the Risk of Litigation
  Speaking Engagements / May 09, 2013
  Richard Swan presents "Shareholder Remedies" at the OBA Professional Development Business Law for Trust and Estates Lawyers program Effective Succession Planning to Minimize the Risk of Litigation held on Thursday, May 9, 2013.
• Richard Swan Provides Tips for New Litigators in Canadian Lawyer
  In The News / April 03, 2013
  In the Canadian Lawyer article by Heather Gardiner, "Be A Litigation Star," Richard Swan provides tips on what to do and what not to do during discovery, examination in chief and cross-examination.
• Effective Examinations - Things They Never Told Us
  Speaking Engagements / February 07, 2013
  At the OBA's Institute 2013, Richard Swan participates in the Civil Litigation program "Effective Examinations - Things They Never Told Us".
• 19 Bennett Jones Lawyers Recognized in Benchmark Canada
  In The News / February 27, 2012
  19 of Bennett Jones' lawyers have been recognized in Legal Media Group's 2012 Benchmark Canada. The "local litigation star" recognition reflects individuals who were consistently recommended as reputable and effective litigators by clients and peers and "future star" reflects those who were consistently referenced by peers and clients as litigators who are likely to become "local litigation stars" in future editions of the guide.
• BCE, Bondholders and the Oppression Remedy
  Updates / March 11, 2008
  On March 7, 2008, the Québec Superior Court approved BCE's Plan of Arrangement and declined to create new covenants not found in bondholders' trust indenture.