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Scott K. Fenton

Firm: Fenton Smith
Country: Canada

Practice Area: Investigations

  • 235 King Street East, 2nd Floor,
    Toronto, ON,
    M5A 1J9
Scott K. Fenton obtained his B.A. (Hons.) in Political Science from the University of Western Ontario in 1983, where he was the Gold Medalist. He obtained his LL.B. from the University of Toronto in 1986 and was called to Bar of Ontario, 1988.

Scott is a Fellow of the American College of Trial Lawyers. Since 2006, he has been recognized as one of the top criminal lawyers in Canada in Best Lawyers in Canada®.

Scott is recognized as senior criminal litigation counsel with broad experience conducting trials, appeals, special prosecutions and advisory work. His practice is primarily directed to criminal and regulatory defence. In particular, Scott has represented corporations, directors and senior officers in corporate/commercial crime, income tax evasion, anti-trust (competition), securities, police, gaming, proceeds of crime and regulatory prosecutions.

Scott has had extensive experience dealing with local, national and cross-border corporate crime investigations, including files with the Toronto Police Services, Ontario Provincial Police (Anti-Rackets Division), Royal Canadian Mounted Police (Integrated Market Enforcement Teams and Commercial Crime Divisions), Ontario Securities Commission, Competition Bureau, Mutual Fund Dealers Association, Financial Services Commission of Ontario and in cross-border cases with U.S. defence counsel pertaining to matters with the U.S. Securities and Exchange Commission, United States Attorney’s Offices (including Anti-Trust Division) and United States Department of Justice.

Scott was an associate at McCarthy & McCarthy, later McCarthy Tétrault, LLP between 1988 and 1990; Crown Counsel with the Federal Department of Justice, Criminal Prosecutions between 1990 and 1996, and associate and partner at Fasken Martineau DuMoulin LLP between 1996 and 2000.

Scott has been counsel on countless trials, many appeals in Court of Appeal for Ontario and several appeals to the Supreme Court of Canada, including R. v. Farinacci, [1994] 1 S.C.R. 469, R. v. Silviera, [1995] 2 S.C.R. 297, R. v. Dikah (Naoufal), [1995] 3 S.C.R. 1020, R. v. Goldhart, [1996] 2 S.C.R. 463, R. v. Stillman, [1997] 1 S.C.R. 607 and R. v. Jarvis (2002), 169 C.C.C. (3d) 1, R. v. Ling (2002), 169 C.C.C. (3d) 46 and R. v. Harrison, [2009] S.C.J. No. 34.

Scott is a co-author of Wiretapping and Other Electronic Surveillance: Law and Procedure, Canada Law Book: Toronto, March 2000. He is a member of Canadian Bar Association, American Bar Association (Criminal & Anti-Trust), Criminal Lawyers’ Association (Ontario), National Association of Criminal Defense Lawyers, Law Society of Upper Canada, The Advocates' Society.

Scott is a frequent speaker in continuing legal education programs across Canada.

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