Heather Devine

Partner

heather@isaacsco.ca
416.601.0610
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Practice Areas

  • Cross-Border
  • Transportation (Broker & Carrier – Air & Surface, (UAV Drone Certification)
  • Contracts
  • Product Liability – Class Actions
  • Regulatory Compliance
  • Condominium Law
  • Manufacturing
  • International Arbitration (ICC & AAA)
  • Intellectual Property Litigation
  • Civil and Commercial Litigation
  • Insurance Defence
  • Professional Liability
  • Maritime and Admiralty Law

 

Bar Admissions

  • Ontario, 1999
  • Nova Scotia, 1998

 

Education

  • J.D. (Queen’s University)
  • Master of Journalism with Distinction (Carleton University)

 

Heather Devine is one of Canada’s leading Transportation lawyers and Advocates.  Her most recent success in the Federal Court of Canada resulted in a permanent injunction being granted in one of Canada’s few mechanical patent trials, as well as clarification of the role of experts in the Federal Court.  Heather’s most recent cross examination of an expert at trial, led to him being described as having been “shredded on cross- examination” by Justice Manson.

During her fifteen years of practice, with appearances in all levels of Provincial and Federal Courts, in Ontario, Nova Scotia and Calgary, Heather frequently embraces complex, challenging matters where victory is not obvious.

Having gained a reputation as being a ‘fixer’ in the field of commercial litigation for businesses and insurers, she develops and implements the strategy, budgeting and case management of complex litigation for private and public, national and international clients.  Some of her significant victories, aside from the recent permanent injunction in the Federal Court of Canada, include an arbitration judgment of Euros 6 million against the Government of Libya at the ICC (Paris), and successful judicial review of an error by the Patent Commissioner, to compel the granting of a mechanical patent on a truck bumper.

In her role as a commercial litigator, Heather has defended product liability claims regarding pipes, medical devices, lighting fixtures, transformers and aerospace materials, among others.  She has also litigated claims involving property management issues, condominium law and commercial tenancy, which included removing directors from condominium board of directors, damages for breach of commercial lease, reserve fund claims, personal injury, environmental contamination and construction issues.

In 2009, Heather learned to fly single engine planes.  Her love and admiration of aviation led her to an interest in Transportation law.  Since 2013, Heather has been included in the peer reviewed publication Best Lawyers in Canada.   She combined her interest in technology, transportation, and intellectual property to advise brokers, freight forwarders, carriers, 3PLs, and 4PLs on all aspects of supply chain logistics and the movement of goods locally and internationally. She has advised clients generally regarding cargo claims, liens, warehousing, bills of lading, multi-modal, NVOCC issues, spoilage, and more specifically advised International manufacturer/shipper clients regarding Third Party Logistics Services, Cross Border Long Haul issues (incl. NAFTA) and customs.

In Halifax and Hamilton, Heather also advised hospitals, manufacturers and various carriers and brokers on issues regarding labour and employment law, conducting many successful labour arbitrations, advising re human rights issues, and  how to enforce (or bust) executive non-competition agreements.

Heather has obtained letters rogatory, enforced foreign judgments and won several injunctions and mandatory orders. She is very familiar with the issues of enforcement and contempt law and has litigated these issues through the all levels of the Courts; applying twice for leave to appeal to the Supreme Court of Canada.

Recently, Heather has capitalized on her understanding of litigation, and expanded her focus to assist clients with contracts and agreements to minimize their risk.  She ‘Canadianized’ the TIA shipper-broker, broker-carrier agreements as part of her work on the Transportation Intermediaries Association Contract Committee.  She has experience advising clients how to risk manage the movement of bulk commodities, foodstuffs, perishables and hazardous materials.  Whether last mile or movement of goods by sea, Heather enjoys all aspects of servicing clients in the transportation industry.

Heather continues to fly, C-152, C-172, Piper Supercub and performs simple aerobatics in the Pitts Special S-2A.  She also rides her MV Agusta when grounded.

Reported Cases

Uponor AB v. Heatlink Group Inc., 2016 FC 320 (CanLII) (Manson J.)

Bartley v. Canada (Commissioner of Patents), 2011 FC 873 (Hughes, J.)

Graci v. New Steel Roofers Inc., 2011 ONSC 4792

Sonnenberger et al v. Creamer et al, 2010 ONSC 1736

Redmond v. Hamilton (City), 2008 CanLII 67892 (ON SCDC) (Karakatsanis J.)

Hamilton Health Sciences Corporation v. Canadian Union of Public Employees, Local 4800, 2004 CanLII 54976 (ON LA)

Bajurny v. College of Denturists, 2004 CanLII 48683 (ON SCDC)

Dysart (Municipality) v. Reeve, 2000 CanLII 16841 (ON CA)

Publication and Speaking Engagements for H.C. Devine

  • Devine, M. Payne and S. Penninger, “Did you Hear the One About the Attorney?”, Presented to the Plenary Sessions at the Transportation Intermediaries Association, San Antonio, Tx, April 9, 2016.
  • Devine and G. Hearn, “The In’s and Out’s of Freight Brokering in Canada: It’s the Wild West up North”, Presented at the Transportation Intermediaries Association, San Antonio, TX, April 7, 2016.
  • Devine, B. Oland, C. Lockwooed and S. Block, “Cross-Border Issues in Warehousing”, Presented at the Canadian Transportation Lawyers Association, Kelowna, B.C., October 2, 2015.
  • Devine, “There is a Drone Outside My Window and I’m Going to Shoot It”, Presented at the Association of Transportation Law Professionals, Boston, MA, June 27-30, 2015.
  • Devine, “One If by Air, Two If By Sea (Three If by Rail): Cargo Does Not Only Move by Truck”, Moderated a panel at the Transportation Lawyers Association Annual Conference, Scottsdale, AZ, May 12-16, 2015.
  • Devine, N. Bluth and N. Saylor, “Protecting Your Company: An Overview of the Legal Landscape for Companies Transporting Cargo”, Presented at the Air Cargo Conference, New Orleans, LA, March 1-3, 2015.
  • Devine, S. Penninger, Know the Ropes When Flagging Your Vessel: A Comparison of the Three of the Worlds Du Jour Vessel Registries, Publication in the Transportation Lawyer, February 2015 Issue.
  • Devine, “There is a Drone Outside My Window and I’m Going to Shoot It”, Presented at the Transportation Lawyers Institute, St. Louis, MO, November 6-8, 2014.
  • Devine and R. Prisbach, “Electrical Cars and the Protections of Green Intellectual Property”, Presented at the Electrical Vehicle Symposium and Exhibition, Vancouver, BC, October 27-28, 2014.
  • Devine, “Rail Safety Regulations and Transport Broker Liability”, Presented at the Richard Lande Conference in Burlington, ON, October 5, 2014.
  • Devine, M. Brady, A. Yeboah and E. Zalud, “But you Said You Knew What You Were Doing”, Presented at the Claims Litigation Management Conference on Product Liability Conference, Columbus, OH, June 12-13, 2014.
  • Devine, “Electric Vehicles and Intellectual Property Protection“, Presented at the Translog Conference hosted by McMaster University, Burlington, ON, May 13-14, 2014.
  • Devine, “IP and How Intellectual Property Moves Your Business“, Presented at the Transportation Lawyers Association 2014 Annual Conference, St. Petersburg, FL, April 29-May 3, 2014.
  • Devine, “Nearshoring:  A Canadian Perspective“, Presented at the Transportation Intermediaries Association Meeting, Tucson, AZ, April 12, 2014.
  • Devine, “Controlling Your Destiny and Playing in Your Home Court: How Personal Jurisdiction, Venue, Choice of Forum and Choice of Law Can Minimize Your Product Liability Risk“,Presented at the Claims Litigation Management Conference, Boca Raton, FL, April 10, 2014.
  • Devine, “Examining Discoveries: Practical Tips to Success“, Presented at the Ontario Bar Association Conference on “Divine Discoveries: Building a Great Case”, Toronto, March 7, 2014.
  • Devine, “Getting Paid:  Taking Security for Fees“, Presented at the Hamilton Lawyers Association Conference, Hamilton, February 26, 2014.
  • Devine, “Update: Shipping Oil by Rail“, Presented at the Conference of Freight Counsel Meeting, San Francisco, January 25, 2014.
  • Devine, What Should a Transportation Lawyer Do? The Three C’s: Competence, Confidentiality, and Conflicts, Presented at the Transportation Lawyers Association Chicago Regional Seminar, Chicago, January 17, 2014.
  • Devine, Broker Liability: A Canadian Perspective, Eh? Presented at the Transportation Lawyers Association 2013 Annual Conference and Canadian Transportation Lawyers Association (CTLA) Mid-Year Meeting, Napa, CA, May 2013
  • Devine, T. Best, J. Shelonko and E. Zalud, Litigation Management – Avoiding the Dangers of Loss of Privilege in Cross-Border Litigation, And Other Pratfalls on the Litigation Highway Presented at the Claims Litigation Management Alliance (CLM) – Annual Conference, San Antonio, TX, 2013
  • Devine & H. Khanijoun, Preparation for Trial and Procedural Tips Presented H. Devine at the Ontario Bar Association Young Lawyers Division – Your First Civil Trial, Toronto, ON, 2013.
  • Devine & E. Rockefeller, “What Others Know About Your Client’s Case:  What you (Maybe) Have to Tell Opposing Counsel and Hot to Go About It”, presented by H. Devine at the Hamilton Law Association, 8th Annual Emerging Issues in Commercial Litigation Seminar, Hamilton, ON, 2013.
  • Devine, “Carrier Liability and Class Action Certification”, (2013) Presented at the Conference of Freight Counsel Winter Meeting, Dallas, TX, 2013.
  • Devine, J. Katsuno US Companies Can Protect their Confidential Information in Cross Border Litigation, published in the Transportation Lawyer, October 2012.
  • Devine, Modal Updates: Compliance with Canada’s Air Cargo Security Measures, Presented by H. Devine at The Canadian Transportation Lawyers Association Conference, Toronto, ON, 2012.
  • Devine, “Update: Costs and Security in International Freight Cases” (2012) Presented by at the Conference of Freight Counsel Conference, Baltimore, MA, 2012.
  • Devine “Five Key Canadian Developments Affecting Cross-Border Business” Presented at the Transportation Lawyers Association Annual Conference and Canadian Transportation Lawyers Association: Mid-Year Meeting, Naples, FL, 2012.
  • Devine, R. Maines “Protecting Trade Secrets in Cross Border Discovery, Presented at the Ontario – New York State Bar Association Conference: 1 Legal System + 2 Jurisdictions = Infinite Opportunity, Buffalo, NY, 2012.
  • Devine and E. Rockefeller “Bullies, Showboats and other bad apples: Dealing with Difficult Lawyers”, Presented at the Hamilton Law Association 7th Annual Issues in Commercial Litigation Seminar, Hamilton, ON, 2012.
  • Devine, In Canada, A Consignee May be Liable to Pay Twice for the Same Shipment of Goods, published in the Transportation Lawyer, October 19, 2011.
  • Devine Article 29 of the Warsaw Convention extinguishes a plaintiff’s claim commenced beyond the two-year limitation, 2011, published in The Transportation Lawyer, July 2011.
  • Devine & R. Campbell, “The Test of Litigation-Will Your Records Management Practices Stand Up to Close Scrutiny?” Presented at Document Retention and Destruction Conference, Toronto, Ontario, 2008.
  • Devine, “Faces of the City”, Hamilton Magazine, p.54, 2008
  • Devine & C. Porretta, “Enforcement of Interim Orders: Letters Rogatory and the Deemed Undertaking Rule”, Commercial Litigation Review, Volume 4, No. 1, 2006.
  • Devine and F. Ricci, “The Oppression Remedy: A Catalogue Of Oppressive Conduct” Presented at the OBA Conference “The Commercial List: What’s in the Future and What Litigators Need to Know”, 2006.
  • Devine, “How a Non-Director Guarantor Can Obtain Access to Corporate Records”, The Lawyers Weekly, Volume 26, No. 11, 2006.
  • Devine & C. Porretta, “Foreign Judgments in Hand?  How to collect in Canada”, Commercial Litigation Review, Volume 3, No. 4, 2005.
  • Devine, “Getting Results Sooner Than Later:  Motions Prior to Commencement of Proceedings, and Applications“, The Advocates’ Brief, Volume 16, No. 2, 2005.
  • Devine, “Reasonable Apprehension of Bias?” Ontario Bar Association, Young Lawyers’ Division, Volume 12, No. 2, 2004.
  • Devine, “Controlling Bad Memories: Proving Documents at Trial” Commercial Litigation, Volume 1 – Number 6, 2004.
  • Devine, “Controlling Bad Memories: Proving Documents at Trial”, The Advocates’ Brief, Volume 15, No. 2, 2003.
  • Devine, “Admissions to the OSC:  Protection Against Use in Subsequent Civil Proceedings” , In-house publication for Gowlings, 2003
  • Devine, “Payment of Benefits to Insured Pending Trial – A Matter of Proof and Circumstance”, In-house publication for Gowlings, 2003.
  • Devine, “Are There Limits to Disclosure of Experts’ Findings?” The Lawyers Weekly, Volume 23, No. 22, 2003.
  • Devine, “Judicial Trends in Insurance Law: Great Expectations” invited lecture Gowlings Insurance Conference, 2003.
  • Devine, “Use it or Lose it: Avoiding Class Actions By Means of Arbitration Clauses” invited lecture at CILS Conference: Media Technology & Communications in Austria, November 2002.
  • Devine, J.S.Leon and D. Hausman “Securities Law and Class Proceedings in Canada: Some Promise, Some Deliver”, Presented to CILS in Salzburg, Austria March 2001.
  • Devine, “Have You Considered Mediation!” In-house publication for clients, 2001.
  • Heather Devine, R. Macpherson and D. Palayew “The Use of Medical Evidence at Arbitration:  A Management Perspective” Labour Arbitration Yearbook Vol. II, p. 151-174, 1999-2000.
  • Devine, “Be Wary of Independent Contractors” Canadian Employment Law for U.S. Companies Vol. 5, No. 10 at p. 3; 1998.
  • Devine, “Writers: 1 Publishers: 0 Will a recent U.S. victory influence Canadian media law?” In-house publication for clients; 1998
  • Devine & N. Eber, “Defining Your Legal Obligation within the Context of Undue Hardship and Reasonable Accommodation” Infonex Seminar, 1998.
  • Devine & J. Noonan, “Using Computer and Video Surveillance to Monitor Employees: Are the benefits worth the cost?” In-house publication for clients; 1998.
  • Devine, E. Durnford and C. Gorman, &, “Consideration of Legal Importance of Employee Loyalty” in Executive Employment Vol. 5. No. 1 at p. 245; 1998.
  • Devine and G. MacDonald, “Super Liens: The Iron Fist of Revenue Canada”, Published in CBA Construction Law Conference Materials, May 1998.
  • Devine and R. Macpherson, “Safety and Seniority: the effects of accommodation on fellow workers” in Management Rights, 1998.