BA (McGill), LLB (McGill) (Silver Medal), LLM (Harvard)
Neil Finkelstein is a partner in the Litigation Group of McCarthy Tetrault LLP. He has a national practice, having appeared in major cases in eight of Canada’s ten provinces, and has been lead counsel in numerous leading Canadian competition, securities, constitutional, pension, commercial cases at every level of court up to and including many appeals in the Supreme Court of Canada. Mr. Finkelstein has been counsel in 23 appeals in the Supreme Court of Canada, 50 appeals in courts of appeal across Canada, and 97 major trials and hearings in courts and senior administrative tribunals across Canada. He has acted as successful counsel in five of the six contested merger cases decided under the Competition Act.
Mr. Finkelstein was law clerk to the Right Honourable Bora Laskin, Chief Justice of Canada, in 1980–81, and senior policy advisor to the attorney general of Ontario in 1985-86. He is a life bencher of The Law Society of Upper Canada, a fellow of the American College of Trial Lawyers and an honorary fellow of COMBAR (UK). He became an advocacy advisor to the Supreme Court Advocacy Institute in January 2007.
He has advised both federal and provincial governments on constitutional reform and taught constitutional law courses at Osgoode Hall Law School and the University of Toronto Faculty of Law. As well, Mr. Finkelstein was co-counsel to the Gomery Commission into Sponsorships and Advertising by the Government of Canada in 2004-05. In that capacity, he examined Prime Minister Paul Martin, the first time a sitting prime minister of Canada had been examined at a public inquiry since Sir John A. MacDonald at the Canadian Pacific Railway Commission in 1873.
Mr. Finkelstein has lectured extensively on various legal topics and published extensively in the areas of constitutional, administrative and competition law. His publications include Finkelstein, Laskin’s Canadian Constitutional Law (5th edition), Finkelstein and Finkelstein, Constitutional Rights in the Investigative Process and The Laskin Legacy: Essays in Commemoration of Chief Justice Bora Laskin (as co-editor).