Edward (Ted) Marrocco

Practice Areas

Clients come to Ted for his ability to help them out of difficult or sensitive situations. He is known for his sound judgement, his strategic approach to litigation and an ability to think creatively in a crisis. Ted has a broad range of courtroom experience litigating commercial and civil disputes, prosecuting and defending professional discipline matters, and acting on coroner’s inquests and public inquiries. He acts for both corporations and individuals and appears before all levels of court in Ontario, the Federal Court, and the Supreme Court of Canada.

Ted is a trusted advisor with particular expertise in matters involving computer forensics and electronic data privacy. He is regularly retained to assist with matters involving computer-based evidence including social media evidence. Ted has both used and consulted on digital evidence to litigate civil fraud matters, shareholder disputes, breach of privacy cases, and contract and employment cases. He also helps clients to conduct internal investigations.

As counsel, Ted has a unique combination of courtroom litigation skill and technological expertise which enable him to coordinate and execute case strategies for clients all the way from the investigation phase to a decision at trial. In 2022, Ted was part of the Stockwoods team that successfully litigated the Continental Bank case which was a commercial matter where a complex computer forensic analysis resulted in the permanent stay of an $80 million dollar action. This decision was recently recognized with an award as a National Impact Case.

Ted’s accomplishments as a litigator have been recognized by both Benchmark Canada and the Best Lawyers directory. In 2020, Ted was named to Benchmark’s “40 and Under Hotlist” which seeks to identify the best young talent in the Canadian litigation community. One notable case saw him acting for the family of Soleiman Faqiri on a widely reported civil action for constitutional damages. Soleiman tragically died while being restrained by a group of correctional officers in an Ontario jail.

Ted also successfully represented a collective of police parties at the highly publicized Seven Fallen Feathers inquest in the City of Thunder Bay and appeared as counsel for an organization with standing at the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG). Ted was 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 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 continues be recognized annually by both Benchmark and Best Lawyers for his well-established corporate/commercial, public law and administrative law practice.

Ted holds law degrees from the University of Toronto, the London School of Economics, and the University of London. He 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 Bar Association, the Ontario Crown Attorneys Association and The Canadian Institute. Ted serves as faculty for Osgoode Professional Development and is an instructor for the Intensive Trial Advocacy Workshop (ITAW).

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Representative Work

  • Penfound v. Sprott Continental Holdings Ltd. et al 2022 ONSC 647
    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.
  • Faqiri v. Ontario
    Counsel for the Faqiri family in a civil action which arose out of the death of Soleiman Faqiri at the Central East Correctional Facility in Ontario.
  • National Inquiry into Missing and Murdered Indigenous Women and Girls [MMIWG] (2017-2019)
    Counsel for a municipal police service at the National Inquiry into Missing and Murdered Indigenous Women and Girls.
  • 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.
  • Re: Raposo (2019)
    Counsel for a commercial party with standing at a Coroner’s inquest into a construction site fatality in downtown Toronto.
  • 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)

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

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

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

  • 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, Criminal Lawyers’ Association
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, American Bar Association
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