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Our Lawyers
Falconer Practice Group
Julian N. Falconer
Julian Falconer, a senior partner, has been practicing law since 1989. His practice has gained prominence in both civil and criminal courts across the province. While the focus of Julian’s practice has been public interest litigation, he maintains a conventional practice involving civil and criminal litigation on behalf of a wide range of clients including families of these who have died in state custody, various professionals (including teachers, lawyers and police officers) and institutional clients. Julian has authored legal articles and a book on the Coroner’s system. He is a recipient of Pride Magazine’s African Canadian Achievement Award; the Vision of Justice Award by the Black Law Students Association of Canada; and the Urban Alliance Race Relations Medal. Julian was also honoured by the University of Toronto as one of the twentieth century’s 100 most notable graduates for his work on social change in the context of Coroners Inquests. Julian recently acted for Maher Arar in resolving his litigation which made Canadian legal history as the largest human rights settlement allotted to an individual plaintiff/family.
Elisabeth Widner
Elisabeth Widner is a graduate of the Faculty of Law, University of Toronto and was called to the Ontario bar in 1989. She practiced criminal law for six years before joining Falconer Charney LLP in 1995 and now practices in the areas of civil, constitutional and criminal law. Elisabeth has appeared as counsel at trials, coroner's inquests, mental health hearings and before various administrative tribunals. She has appeared before the Court of Appeal for Ontario on criminal and civil matters. She is co-president of AIDWYC (Association in Defence of the Wrongly Convicted).
Julian K. Roy
Julian Roy is a graduate of the Faculty of Law, University of Toronto. He was called to the Ontario bar in 1995, and practiced exclusively criminal law before joining Falconer Charney LLP in 1999. Since joining the firm, Julian has maintained a diverse litigation practice in the areas of civil, constitutional and criminal law. Julian recently acted as co-counsel to Aboriginal Legal Services of Toronto before the Ipperwash Inquiry. Julian was also a part of the legal team on Maher Arar’s lawsuit against the Canadian Government.
Sunil S. Mathai
Sunil Mathai is a graduate of the Faculty of Law, University of Ottawa and was called to the Ontario bar in 2004. He practiced First Nation and commercial litigation at Blake, Cassels & Graydon LLP before joining Falconer Charney LLP in 2005. Sunil has acted on several Police misconduct hearings and regularly appears before the Ontario Superior Court of Justice. He recently appeared as counsel for the Association in Defence of the Wrongly Convicted at the Supreme Court of Canada in the leading case on negligent police investigation, Hill v. Hamilton Wentworth Police.
Charney Practice Group
Theodore P. Charney
Ted Charney is a partner at Falconer Charney LLP where he heads up the firm’s insurance and personal injury law group. Ted practices as general litigation counsel with an emphasis on the following practice areas: class actions; personal injury; insurance claims; insurance defence; product liability; food contamination; commercial; real estate and employment law litigation.
He has conducted numerous trials and appeals, including jury trials throughout the province and has represented clients in over 50 reported decisions of the Superior Court of Ontario and the Financial Services Commission of Ontario, spanning a wide range of practice areas.
Recent Notable Cases:
- Acted for the families of injured and deceased pets in a trans-national class action, commonly known as the Menu Foods pet food contamination class action (Settlement pending 2008). Falconer Charney was part of the Ontario Consortium of Law Firms selected by the Superior Court of Justice to act as plaintiff’s counsel in this class action. In delivering reasons, the Court stated “The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group, Whiting et al v. Menu Foods Income Fund [2007] O.J. No. 3996; 53 C.P.C. (6th) 124.
- Acted as co-counsel (with my law partner), representing Maher Arar and his family in their civil litigation claim against the Federal Government. (Resolved 2007). Largest human rights settlement in Canadian history.
- Acted for debenture holders in international class action proceedings against a Canadian bank, to recover outstanding bonds issued by its bankrupt South American subsidiary (Resolved 2007). Leading case on international class action litigation Yordanes v. Bank of Nova Scotia, 78 O.R. (3d) 590; 15 B.L.R. (4th) 220; 23 C.P.C. (6th) (Decision on Rule 21 motions); Yordanes v. Bank of Nova Scotia, [2006] O.J. No. 1553, [2006] O.T.C. 81, 20 B.L.R. (4th) 167, 35 C.P.C. (6th) 86, 147 A.C.W.S. (3d) 560, 2006 CarswellOnt 2344.
- Acted for a number of insurance companies defending national class action proceedings to recover automobile insurance deductibles. Longest certification hearing in Canadian history (Resolved 2006). McNaughton Automobile Ltd. v. Co-Operators General Insurance Co., [2001] O.J. No. 2312 (and 30 related actions, including Segnitz v. Royal Sun Alliance Insurance Co. of Canada) (2000), 50 O.R. (3d) 300, 23 C.C.L.I. (3d) 214, 6 M.V.R. (4th) 297 (S.C.J.).
- Acted for the family of a young girl in a claim against a multi-national corporation for food tampering. (Resolved 2006). Jama (litigation guardian of) v. McDonald’s Restaurants of Canada Ltd., [2003] O.J. No. 2247, [2003] O.T.C. 502 (Wilton-Siegel J.); [2001] O.J. No. 1068 (Nordheimer. J.).
- Acted as counsel on a leading arbitration decision at the Financial Services Commission of Ontario, consisting of a test case to determine circumstances where victims of automobile accidents are entitled to rehabilitation and medical benefits. Amoa-Williams, FSCO A97-001864, where the hearing arbitrator said: “Mr. Charney conducted the Applicant’s case in an exemplary and efficient manner, which was to the benefit of all concerned, his clients, the Insurer and myself alike”. Amoa-Williams, FSCO A97-001864 (Arbitration) (June 5, 2000); Amoa-Williams, FSCO P01-00052 (Appeal); Amoa-Williams, FSCO A97-001864 (Expenses October 24, 2001).
- Acted for an insurance company on first case to consider the application of Blank v. Canada (Minister of Justice), [2006] C.C.S. No. 11208, [2006] S.C.J. No. 39, 2006 SCC 39, to claims for litigation privilege in the context of a bad faith insurance claim. Leading decision on the test for litigation privilege in bad faith litigation. Mamaca (Litigation Guardian), [2007] O.J. No. 1190, 47 C.C.L.I. (4th) 288, 156 A.C.W.S. (3d) 313, 2007 CarswellOnt. 1828; Mamaca (Litigation Guardian of) v. Coseco Insurance Co., [2008] C.C.S. No. 708, [2007] O.J. No. 4899, 162 A.C.W.S. (3d) 578, 56 C.C.L.I. (4th) 103, 50 C.P.C. (6th) 194, 2007 CarswellOnt 8133 (J.Macdonald J.).; Mamaca (Litigation Guardian of) v. Coseco Insurance Co., [2008] O.J. No. 2508 (R.W.M. Pitt J.).
Articles and Reports:
- Commissioned by the Canadian Coalition Against Insurance Fraud to conduct a study and report on appropriate procedures to be followed by adjusters when investigating potential fraudulent claims.
- The Canadian Institute’s 7th Annual National Forum on Litigating Class Actions - Litigating Transnational Mass Torts in the Context of Class Proceedings. Parent Corporation Liability for Acts of its Subsidiaries.
- Contribute articles to the Lawyers Weekly.
Education:
1982 - McGill University, Bachelor of Arts (with distinction)
1985 - Osgoode Hall, York University, LL.B.
1987- Called to the Ontario Bar
Rachel Hepburn Craig
Rachel Hepburn Craig is an associate at Falconer Charney LLP. Rachel has an LL.B from Dalhousie University (2002) and an Honours B.A. from the University of Toronto in Economics and Political Science (1999). Rachel was admitted to the Law Society of Upper Canada in 2003 and maintains a broad civil litigation practice with emphasis on personal injury, insurance defence, commercial and class action litigation. Rachel regularly appears before the Superior Court of Justice and the Financial Services Commission of Ontario.
Charlena T. Claxton
Charlena T. Claxton graduated from the Faculty of Law, Dalhousie University in 2004.
She was called to the Nova Scotia bar and the Ontario bar in 2005. Charlena recently joined Falconer Charney, where she will be practicing in the areas of personal injury law, insurance defence, commercial litigation, class action lawsuits and criminal defence.
Prior to joining Falconer Charney, Charlena practiced in the area of criminal law. Most notably, during her tenure as a criminal lawyer, she assisted the Superior Court of Justice of Ontario and a self-represented accused in her capacity of amicus curiae for a lengthy and complicated murder trial.
Currently, Charlena is an appointed Board member of the Young Barristers Society of Canada. Charlena is also a member of the Canadian Bar Association, Ontario Bar Association and the Nova Scotia Barristers Society. In addition, she held the position of President of the Black Law Students’ Association of Canada from 2002 to 2004.
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