Donald R. Fiske joined Pace Law Firm in April, 2008, in order to establish and head the firm’s Civil and Commercial Litigation department. The team which he has assembled addresses a variety of issues relating to corporate recovery, insolvency, partnership disputes, construction litigation, civil fraud, wrongful act conspiracy, Aboriginal commercial claims, breach of contract and claims against the Crown.
Don is a graduate of Dalhousie Law School and was called to the Ontario bar in 1977. In 2007 he was called to the bar in British Columbia. Don established his own litigation firm in 1982 and, over the course of the next 26 years, he specialized in matters pertaining to corporate collections, complex debtor/creditor litigation, insolvency, bankruptcy, and construction litigation matters.
Don’s roster of clients has included multinational corporations representing the manufacturing, financial, and communications sectors. In addition, he has also acted on behalf of numerous small business owners and entrepreneurs regarding various types of civil litigation, with a particular emphasis on debtor/creditor disputes. Recently he has also represented First Nations people in commercial disputes and currently provides consulting services with respect to First Nations commercial issues for members at Akwesasne, near Cornwall, and Whitesand First Nation in Northern Ontario.
Don has received his accreditation as a Certified Specialist in Civil Litigation from the Law Society of Ontario. With over 40 years of experience in commercial litigation, he possesses a wealth of knowledge and expertise, with a proven record of success, on which he draws in offering clients his unique expertise. Don is frequently consulted by lawyers in other law firms to provide advice as to approach and strategy and also to assist in ongoing litigation. He has extensive experience as a trial lawyer and also has conducted appeals at the Ontario Court of Appeal.
Two lawyers who worked with Don on trial matters have obtained their Certified Specialist status in Civil Litigation and another lawyer who worked with him has appeared as lead Counsel at the Supreme Court of Canada. Don possesses a unique skill set and resources to aid other lawyers who may wish to make a referral as a result of a conflict, or are seeking assistance in proceeding with an action which may require a more experienced hand. He often works with other law firms in preparing for trial and will assist at trial, if called upon.
The Civil Litigation Department believes in the words of retired Justice Joseph W. Quinn that “Trial lawyers try cases. Trial lawyers who settle their cases are social workers”.
- Dalhousie Law School, Halifax, Nova Scotia, Canada (LL.B.)
Professional Associations And Memberships
Canadian Bar Association
British Columbia, Law Society
Law Society of Ontario
Toronto Lawyers Association
Cases Of Note
PricewaterhouseCoopers v. Rohwedder Automated Systems Inc.  O.J. No. 4715
GMC Distribution Ltd. v. Canada  T.C.J. No. 216
1505986 Ontario Inc. v. Surma (2010) O.J. No. 3139
1505986 Ontario Inc. v. Surma (2010) O.J. No. 5549
Benedict v. Ohwistha Capital Corp. (2011) 329 D.L.R. (4th) 758
Benedict v. Ohwistha Capital Corp. (2014) 372 D.L.R. (4th) 484
Walters v. Ontario, 2015 O.J. No. 4137
Walters v. Ontario, 136 O.R. (3rd) 53
Walters v. Ontario  S.C.C.A. No. 100
Dovbush v. Mouzitchka, 2014 ONSC 6480
Lloyd Benefit v. Continental Casualty Company, 2016 ONSC 7205