Edward (Ted) Marrocco

Practice Areas

Clients come to Ted for his ability to help them out of difficult or sensitive situations. His accomplishments as a litigator have been recognized in both Benchmark Canada and Best Lawyers®. In 2020, Ted was added to Benchmark’s “40 and Under Hotlist” which seeks to identify the best young talent in the Canadian litigation community.

Ted is a trusted advisor with a wide range of courtroom experience. He is known for his sound judgement, his strategic approach to litigation and an ability to think creatively in a crisis. He has acted on commercial and civil disputes, professional discipline matters, coroner’s inquests, and national public inquiries.

As counsel, Ted has a unique combination of courtroom skill and tech expertise. He is regularly retained to assist with matters involving computer-based evidence including social media evidence and electronic data privacy.  In 2022, Ted was counsel on the Continental Bank case where a complex computer forensic investigation resulted in the permanent stay of an $80 million dollar commercial action. This decision was recognized with an award as a National Impact Case and upheld by the Ontario Court of Appeal. It is currently a leading authority on the law of abuse of process.

In addition to his commercial work, Ted has a well established public and regulatory law practice. In late 2023, Ted acted for the family of Soleiman Faqiri at the landmark coroner’s inquest into Soleiman’s death at the hands of correctional staff at the Central East Correctional Centre. In 2019, he was lead counsel for an organization with standing at the National Inquiry into Missing and Murdered Indigenous Women and Girls. In 2016, he successfully represented a collective of police parties at the highly publicized Seven Fallen Feathers inquest in the City of Thunder Bay. Ted was also one of four lawyers at Stockwoods designated by the Chief of the Toronto Police Service to prosecute the Service’s discipline hearings arising out of the events of the 2010 G20 Summit. In that role, he prosecuted dozens of cases of alleged unlawful arrest including the successful regulatory prosecution of the Toronto Police Service Superintendent who ordered the mass arrest or “kettling” of hundreds of individuals in downtown Toronto during the G20 weekend.

Ted is a co-author of Digital Privacy: Criminal, Civil and Regulatory Litigation (LexisNexis, 2018) and has published articles in many international publications including the Law and Financial Markets Review (UK), the Canadian Journal of Administrative Law and Practice and ACAMS Today. He has been a presenter for The Advocates’ Society, the Law Society of Ontario, the Canadian and Ontario Bar Associations, the Ontario Crown Attorneys Association and The Canadian Institute. Ted serves as faculty for Osgoode Professional Development and is a Team Leader for the Intensive Trial Advocacy Workshop (ITAW).

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Representative Work

  • Re: Soleiman Faqiri (2023)
    Counsel for the family of Soleiman Faqiri as parties with standing at the inquest into Soleiman’s 2016 death at the hands of prison guards at the Central East Correctional Centre. This was a landmark inquest in which the jury returned a homicide verdict and directed 57 systemic recommendations to the province of Ontario to expedite reform in corrections and prevent future deaths.
  • Re: Moses Beaver (2023)
    Lead counsel for Ornge air ambulance at the inquest into the death of prominent Oji-Cree artist Moses Beaver. Among the jury’s 63 recommendations to strengthen mental health crisis support in remote communities was a request directed to the Ministry of Health to increase funding to Ornge for expansion of Ornge’s dedicated mental health transport program.
  • Continental Bank of Canada v. Continental Currency Exchange Canada Ltd. 2022 ONSC 647 (aff’d 2023 ONCA 61)
    Successfully obtained a permanent stay of proceedings for the defendants in a complex commercial litigation matter arising out of a venture to create a new chartered bank in Canada.
  • National Inquiry into Missing and Murdered Indigenous Women and Girls [MMIWG] (2017-2019)
    Counsel for a municipal police service with standing at the National Inquiry into Missing and Murdered Indigenous Women and Girls.
  • Re: Raposo (2019)
    Counsel for a commercial party with standing at a Coroner’s inquest into a construction site fatality in downtown Toronto.
  • Ontario College of Pharmacists v. Khalil, 2018 ONCPDC 34 (aff’d 2019 ONSC 3738)
    Successfully prosecuted a member of the Ontario College of Pharmacists for ODB billing fraud. This case confirms the power of the College to impose ownership and directorship restrictions in respect of pharmacy corporations upon a finding of professional misconduct.
  • Andersson v. Aquino, 2018 ONSC 743
    Counsel for one of two co-defendants in a complex commercial shareholder dispute in which the defendants successfully moved to have the plaintiff found in contempt.
  • Re: Anderson [Seven Fallen Feathers Inquest] (2016)
    Counsel for the Thunder Bay Police Service, Chief of Police, Deputy Chief of Police, Former Chief of Police and the Thunder Bay Police Services Board at a joint Coroner’s inquest into the deaths of seven First Nations youths in the city of Thunder Bay.  The inquest was one of the longest in Ontario’s  history.  After more than seven months of evidence from more than 140 witnesses, the jury issued verdicts and recommendations consistent with the police positions in all seven cases.
  • Toronto Police Service v. Supt. Mark Fenton (2015)
    Successfully prosecuted a Superintendent of the Toronto Police Service for ordering the mass arrest of multiple groups of civilians during the 2010 G20 summit.
  • G20 Prosecutions (2013)-(2014)
    Successfully prosecuted multiple disciplinary hearings convened pursuant to the Police Services Act alleging the unlawful arrest of civilians during the weekend of the 2010 G20 summit.
  • Toronto Police Service v. Steven Izzett (2013)
    Successfully prosecuted a high profile police disciplinary matter involving multiple counts of misconduct by a senior officer of the Toronto Police Service.
  • R. v. Nedelcu [2012] 3 S.C.R. 311
    Co-counsel in the representation of an intervener before the Supreme Court of Canada.
  • R v. JTI-Macdonald Corp. (2006-2010)
    Part of the litigation defence team that successfully resolved a multi-billion dollar corporate criminal prosecution against a Canadian tobacco manufacturer. This case remains one of the largest corporate criminal settlements completed in Canada.
  • IN THE MATTER OF AN INQUIRY COMMITTEE CONSTITUTED PURSUANT TO SECTION 63 OF THE JUDGES ACT R.S.C. 1985, as amended, into the conduct of the Honourable Theodore Matlow of the Superior Court of Justice of Ontario, (July 21, 2008)
    Supported presenting counsel at a special meeting of the Canadian Judicial Council.
  • IN THE MATTER OF A HEARING ORDERED UNDER SECTION 11(15) OF THE JUSTICES OF THE PEACE ACT, R.S.O. 1990, c. J.4, as amended, Respecting the Conduct of Justice of the Peace Jorge Barroilhet, Justice of the Peace in the Toronto Region (February 28, 2008).
    Supported presenting counsel at a hearing involving complaints and allegations of judicial misconduct made against a Toronto Justice of the Peace.
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Additional Info

Awards and Recognition

Benchmark Litigation, “40 & Under Hotlist” (2020)

Benchmark Litigation, “Future Star” (2019) (2020) (2021) (2022) (2023)

Best Lawyers®, Corporate and Commercial Litigation (2021) (2022) (2023) (2024)

Best Lawyers®, Administrative Law and Public Law (2020) (2021) (2022) (2023) (2024)

Publications

  • Co-Author, Social Media Evidence in Administrative Proceedings, The Six Minute Administrative Lawyer, Law Society of Ontario, 2020
  • Author, Digital Evidence (Chapter 7), Digital Privacy: Criminal, Civil and Regulatory Litigation, LexisNexis, 2018
  • Co-Author, Using Social Media Evidence in Civil and Administrative Proceedings, Law Society of Ontario Social Media and Litigation Course, 2018
  • Co-Author, Protecting Yourself from Allegations of Incompetence – Advice from Defence Counsel, Canadian Bar Association Immigration Section Annual Conference, 2016
  • Co-Author, Penner’s Paradox Continued, Canadian Journal of Administrative Law and Practice, 27 CJALP 69-80, 2014
  • Co-Author, Federation of Law Societies v. Canada (Attorney General), Case Comment, White Collar Crime Portal (UK), 2013
  • Co-Author, Penner’s Paradox: Standard of Proof in Police Discipline Cases, Canadian Institute, Law of Policing, 2013
  • Co-Author, Disclosure and Particulars in Professional Discipline Cases, Osgoode Professional Development, 2013
  • Co-Author, The Constitution and Administrative Proceedings, Canadian Institute, Fundamentals of Administrative Law & Practice, 2012
  • Co-Author, Criminal Cases Involving Police Officers, Insight Information, Law Enforcement Services, 2012
  • Co-Author, Proper Uses of Investigative Information, Canadian Institute, Conducting Regulatory Investigations, 2011
  • Co-Author, Key Cases, Legislation and Issues in the Law of Policing, Canadian Institute, Law of Policing, 2011
  • Author, Watching Shadows: The Voluntary Regulation of Stored Value Cards, University of Toronto, 2009 (AAT MR55755)
  • Author, Networks and Blacklists Part 2 – Stored Value Cards in the Commercial Marketplace, ACAMS Today, Vol. 8 (3), June 2009, 16-19, 2009
  • Author, Networks and Blacklists Part 1 – Stored Value Cards in the Commercial Marketplace, ACAMS Today, Vol. 8 (2), March 2009, 12-13, 2009
  • Co-Author, Organized Crime in the City, Law and Financial Markets Review, 2 L.F.M.R. 4, 311-320, 2008

Teaching & Speaking Engagements

  • Panelist, Navigating Social Media and Internet Data: Risk Management for Clients and Law Firms, ABIL (January 25, 2024)
  • Panelist, Digital Assets and Estate Planning in The Modern Era, Ontario Bar Association (November 2, 2023)
  • Panelist, Top Tips for Advocates, Toronto Lawyers Association (June 22, 2023)
  • Faculty, Advanced Oral Advocacy – Dealing with Experts, Osgoode Professional Development (January 30, 2023)
  • Panelist, Cyber Breach: How to Mitigate the Impact on Your Practice, Law Society of Ontario Immigration Law Summit (November 22, 2022)
  • Faculty, Advanced Impeachment Techniques, Osgoode Professional Development (January 27, 2022)
  • Panelist, Managing Evidentiary Challenges, Osgoode Professional Development Advanced Certificate in Adjudication (October 13, 2021)
  • Panelist, When Things Go Wrong – Essential Tools for Helping your Clients, Canadian Bar Association Immigration Law National Symposium (June 17, 2021)
  • Faculty, Mastering Examinations In-Chief, Osgoode Professional Development (March 24, 2021)
  • Panelist, Social Media Evidence in Tribunal Proceedings, The Six Minute Administrative Lawyer (March 3, 2020)
  • Panelist, Expert Evidence in Civil Litigation, Thunder Bay Law Association (October 2019)
  • Panelist, Lawyers as Agents of Change, Advocacy Module, Colloquium 2019 (October 2019)
  • Panelist, Advertising by Lawyers, Canadian Bar Association Annual Program on Advertising and Marketing Law (October 2019)
  • Panelist, Managing Clients in the Connected World, Law Society of Ontario, Professionalism and Practice Management in Administrative Law (September 2019)
  • Panelist, Evidentiary Issues in Tribunal Proceedings, Osgoode Professional Development (January 28, 2019)
  • Panelist, Experts and the Admissibility of Social Media and Digital Evidence, Ontario Crown Attorneys Association, Crown Summer School (August 2018)
  • Speaker, Using Social Media Evidence in Civil and Administrative Proceedings, Social Media and Litigation CPD, Law Society of Ontario (May 8, 2018)
  • Speaker, Authentication of Social Media Evidence, 11th National Symposium on Tech Crime and Electronic Evidence (February 9, 2018)
  • Speaker, Privacy and Data Security, Unmanned Systems Canada Conference (November 2, 2017)
  • Speaker, Electronic Evidence and Digital Privacy, The Canadian Institute Advanced Administrative Law and Practice Forum (October 25, 2017)
  • Speaker, Understanding Coroners’ Inquests, The Canadian Institute Advanced Administrative Law and Practice Forum (October, 2016)
  • Instructor, Osgoode Professional Development, Intensive Trial Advocacy Workshop (ITAW) (2016 to present)
  • Panelist (with Sam Robinson), Avoiding and Responding to Law Society Complaints, Canadian Bar Association Immigration Law Conference (April, 2016)
  • Faculty, Osgoode Professional Development, IPTI Certificate Expert Evidence in Property Valuation Disputes (November, 2015)
  • Faculty, Osgoode Professional Development, IPTI Certificate Writing Expert Reports in Property Valuation Disputes (May, 2015)
  • Speaker, The Advocates’ Society, Top Cases in Administrative Law (January, 2014)

Associations

  • Member, The Advocates’ Society
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, American Bar Association
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