Canada: Audrey Boctor Quebec Court Appeal Judge, McHaffie to Federal Court

• Audrey Boctor has been appointed a puisne judge of the Court of Appeal of Quebec in Montreal.
• Nicholas McHaffie has been appointed a judge of the Federal Court of Appeal.
• Justice Boctor previously served on the Superior Court of Quebec and was a prominent litigator at IMK s.e.n.c.r.l./LLP.
• Justice McHaffie was formerly a judge of the Federal Court and specialized in intellectual property and administrative law.
• Both new appellate judges clerked for former Chief Justice Beverley McLachlin of the Supreme Court of Canada.

Understanding the professional trajectories and academic contributions of both Justice Boctor and Justice McHaffie can be a valuable component of litigation strategy for counsel appearing before their respective courts, informing how cases might be presented and argued.

Canada's federal justice minister and attorney general, Sean Fraser, has announced significant judicial appointments to two of the nation's appellate courts. Audrey Boctor has been named a puisne judge of the Court of Appeal of Quebec, based in Montreal, while Nicholas McHaffie joins the Federal Court of Appeal as a judge. These appointments fill crucial vacancies, with Justice Boctor succeeding Justice Stéphane Sansfaçon, who transitioned to a supernumerary judge role on March 3. Justice McHaffie steps into the position previously held by Justice Richard Boivin, who resigned on September 1, 2023.

Minister Fraser, who also holds the portfolio for the Atlantic Canada Opportunities Agency, conveyed his confidence in both appointees, extending his best wishes as they embark on their new judicial responsibilities. These federal judicial appointments underscore a continued effort to bolster the judiciary with experienced legal professionals, bringing diverse backgrounds and expertise to the appellate benches.

The appointment of Audrey Boctor as a Quebec Court Appeal judge follows a distinguished career marked by significant legal practice and academic contributions. Prior to this elevation, Justice Boctor had recently been appointed to the Superior Court of Quebec for the Montreal district in June 2024, where she replaced Justice Judith Harvie, who herself was elevated to the Quebec Court of Appeal in December 2023. Her extensive experience includes joining IMK s.e.n.c.r.l./LLP in Montreal in 2010, where she became a partner in 2016. During her time in private practice, she appeared before all levels of court and argued numerous cases before the Supreme Court of Canada.

Justice Boctor's professional footprint extends beyond litigation. She practiced and taught law in New York for a period and has contributed to legal education in Canada, teaching civil procedure at both McGill University and the Université de Montréal. Her leadership roles include serving as president of the Canadian Bar Association (CBA)–Quebec and sitting on the boards of CBA–National and the Canadian Civil Liberties Association. A fellow of the American College of Trial Lawyers, she was admitted to the Quebec bar in 2010 and the Ontario bar in 2006. Notably, she clerked for former Chief Justice Beverley McLachlin of the Supreme Court of Canada, a path also shared by Justice McHaffie. Her academic credentials include civil and common law degrees from McGill University Faculty of Law and an undergraduate degree from Western University. Her impactful work includes being co-counsel in *Boily v. Canada, 2022 FC 1243*, where in August 2022, the Federal Court ordered the Crown to pay $500,000 in damages to a Canadian plaintiff who was extradited to Mexico and subsequently tortured by correctional officers. In 2020, while a partner at IMK, Canadian Lawyer recognized her as one of the Top 25 Most Influential Lawyers.

Nicholas McHaffie brings a wealth of experience in federal law to his new role on the Federal Court of Appeal. He most recently served as a judge of the Federal Court, an appointment he received in 2019. During his tenure on the Federal Court, Justice McHaffie was a member of the court's Intellectual Property and Competition Chambers since their establishment in March 2023, highlighting his specialized expertise. Before his judicial career, he practiced law at Stikeman Elliott LLP, working from both their Ottawa and Toronto offices. His practice primarily focused on complex litigation matters involving intellectual property, public law, and administrative and regulatory issues.

Beyond his legal practice, Justice McHaffie has also been involved in legal education, teaching administrative law and civil procedure at the University of Ottawa, as well as civil trial advocacy at Queen's University. He was called to the Ontario bar in 1996. Like Justice Boctor, he gained invaluable experience clerking for former Chief Justice Beverley McLachlin of the Supreme Court of Canada. His academic background includes an LLB from the University of British Columbia, obtained in 1994, and a BSc in molecular genetics and molecular biology from the University of Toronto, earned in 1990.

The appointments of Justice Audrey Boctor to the Quebec Court of Appeal and Justice Nicholas McHaffie to the Federal Court of Appeal introduce seasoned legal minds to critical appellate benches. Lawyers practicing before these courts should take note of their extensive professional backgrounds, which offer insights into their potential judicial approaches. Justice Boctor's deep experience in civil litigation, including numerous Supreme Court appearances and her recent Superior Court tenure, suggests a robust understanding of trial-level complexities and appellate advocacy.

Similarly, Justice McHaffie's specialized background in intellectual property, public law, and administrative matters, coupled with his prior service on the Federal Court, indicates a strong grasp of the specific legal areas frequently adjudicated by the Federal Court of Appeal. Understanding the professional trajectories and academic contributions of both Justice Boctor and Justice McHaffie can be a valuable component of litigation strategy for counsel appearing before their respective courts, informing how cases might be presented and argued.

Lawyers practicing before the Quebec Court of Appeal and the Federal Court of Appeal should note these new judicial appointments. Understanding the professional backgrounds of Justice Boctor and Justice McHaffie can offer insights into their potential judicial approaches, which may inform litigation strategy.

Source: Original reporting via Canadian Lawyer magazine