Ewa Krajewska

Ewa Krajewska  


Executive Summary

Ewa Krajewska is a partner at Borden Ladner Gervais and Co-Chair of the Appellate Advocacy Group. She maintains a broad and diverse practice including commercial litigation, estates law, mental health law and public and administrative law. Ewa has conducted plans of arrangement, acted in complex estates disputes, and arbitrations involving real estate holdings. Her clients have included corporations, individuals and trust companies in estates matters, administrative tribunals, public officials and hospitals.

Ewa maintains an appeal practice having argued appeals at the Ontario Court of Appeal and appeared for an intervener before the Supreme Court of Canada. She is a frequent writer and speaker on the administrative tribunals' jurisdiction to grant Charter remedies.

Ewa has been an active executive member of the Ontario Bar Association's Constitutional, Civil Liberties and Human Rights Section. She is also a board member of the Young Alumni of McGill Faculty of Law.

Prior to joining the Firm, Ewa served as law clerk to the Honourable Justice Rosalie Silberman Abella of the Supreme Court of Canada.

Ewa is fluent in both French and Polish.

Representative Work

  • Acted for the Canadian Chamber of Commerce and the Canadian Federation of Business at the Supreme Court of Canada in R v Comeau, 2018 SCC 15, a decision that dealt with interprovincial free trade.
  • Acted for the HIV AIDS Legal Clinic Ontario and the Income Security Advocacy Centre in S.A. v Metro Vancouver at the Supreme Court of Canada, a case that addressed the use and merits of Henson trusts for persons with disabilities.
  • Acts in complex estates matters involving will challenges, alleged breach of fiduciary duties, oppression claims, derivative actions, including a novel application for an interim equalization of net family property in an estate proceeding (Skrobacky v. Frymer, 2012 ONSC 4277) and applying the estoppel doctrine to strike a will challenge (Neuberger v. York, 2014 ONSC 6706)
  • Acts in real estate arbitration involving the dissolution of a partnership.
  • Appellate work in mental health law matters (Re Haye 2011 ONCA 700) and medical liability matters (Mangal v. WOHS et al, 2014 ONCA 639).
  • Appeared on behalf of the Canadian Civil Liberties Association before the Supreme Court of Canada in Amaratunga v. Northwest Atlantic Fisheries Organization, 2013 SCC 66
  • Struck out a claim that sought to set aside the awarding of a hydro-electric project — Tribute Resources Inc. v. Parks Canada Agency, 2012 ONSC 5480
  • Defended the constitutionality of a Criminal Code provision (Re Kobzar (2012), 110 OR (3d) 670).
  • Represented a trust company in a passing of accounts (Vano (Re), 2011 ONSC 1429).
  • Brought motions for summary judgment in medical malpractice matters.
  • Defended a municipal councillor against conflict of interest allegations (Lorello v. Meffe, 2010 ONSC 1976).

Publications & Presentations

Ewa is the editor in chief of "The Exchange: BLG's Financial Institutions Litigations Blog". This Blog is geared towards issuers, dealers, insurance and trust companies, banks and other financial institutions.
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  • Co-Author, "A rejection of Charter values as a framework on judicial review?," BLG Publications, June 2017.
  • Co-Author, "Review of Personal Constitutional Exemption Applications for Physician-Assisted Death," Ontario Bar Association, May 2016.
  • Co-Author, "Physician-Assisted Death In Canada: The Next Four Months", Health Law Bulletin, January 2016.
  • Co-Author, "The Yukon Decision and Reasonable Apprehension of Bias," Regulatory Boards and Administrative Law Litigation Volume XII, No. 4, 2015.
  • Author, "Fact Witness as Experts: Westerhof v Gee Estate, 2015 ONCA 206," BLG Commercial Litigation Bulletin, April 2, 2015.
  • Mentioned, "CCLA welcomes Supreme Court decision on assisted dying," Canadian Civil Liberties Association, Exchange Magazine, February 6, 2015.
  • ​Co-Author, "Doré: All That Glitters Is Not Gold" (2014), 67 SCLR (2d).
  • Author, "Certification of BMO Overtime Class Action," BLG Class Actions Bulletin, August 2013.
  • Speaker, "The Niqab in the courtroom: N.S. v. R.," McGill Continuing Legal Education program, March 19, 2013
  • Speaker, "Will Challenges: From Suspicious Circumstances to Capacity — How a Will Can be Challenged," Institute of Law Clerks of Ontario, January 2013.
  • Guest Lecturer, The Forensic Legal System, Waterloo University, Abnormal Psychology, March 2013.
  • Guest Lecturer, The Forensic Legal System, Queen's University, Graduate Student Seminar in Clinical Psychology, February 2013.
  • Speaker, "R v. Conway: New Frontiers for Administrative Tribunals," The Six-Minute Administrative Lawyer, February 2012.
  • Co-Author, "R v. Conway, UnChartered Territories for Administrative Tribunals" (2011) 54 SCLR 451.
  • Co-Author, "R v. Conway: Simplifying the Test for Administrative Tribunals' Jurisdiction to Consider Charter Issues" (2011) 29.2 National Journal of Constitutional Law 135.