Derrick M. Fulton

Derrick practices within our litigation group and specializes in corporate, commercial litigation. He also has extensive expertise in many areas of Civil Litigation such as Construction Lien litigation and Condominium Law. He has appeared at all levels of Court in Ontario including the Divisional Court, the Ontario Court of Appeal, the Federal Court of Canada, the Tax Court and Tribunals, including the Ontario Municipal Board. He is a Certified Specialist of the Law Society of Upper Canada in the area of Civil Litigation.

Some cases of note in which Derrick has acted include:

• Guillevin v Skrotzki (1996): One of the frist cases in Ontario establishing that overhead expenses cannot be deducted from funds which constituted a trust fund as defined under the Construction Lien Act.
• Bahadoor v. YCC 82 (2007): The first reported case in Canada setting out the legal framework for the termination of a court appointed Administrator in a Condominium Corporation.
• Salna v. Hie (2008): The first reported case in Canada deciding that a structured settlement can be set aside under the Fraudulent Conveyance Act.
• Montgomery v. Van (2009): A Court of Appeal decision overturning the finding of the trial Judge. The Court of Appeal found that a provision in the Conditions of Lease executed by a tenant regarding snow removal was void as contrary to the Tenant Protection Act.
• Davies v Corporation of Clarington (2011): The first case in Ontario dealing with the ability of a class member under the Class Proceedings Act to obtain an Order amending the Statement of Claim in a class action.

Derrick has lectured at Mohawk College, teaching their Civil Procedure class as part of the Institute of Law Clerks of Ontario.

Derrick graduated from the University of New Brunswick, obtaining the law faculty prize for academic achievement. He completed his Master of Laws at Osgoode Hall Law School in 2006 and wrote his Masters thesis on the emerging law of the “Duty of Good Faith” in commercial contracts.

When not practicing law, Derrick is an active squash and soccer player. His first academic degree was in music and he still keeps busy playing the piano and guitar in his spare time. He is an avid photographer and has travelled extensively in the Far East and Central America completing many photo projects.