416.865.7948
- Represent plaintiff financial institution in trademark litigation before United States Court of Appeals.
- Counsel aerospace leader in cross-border contractual dispute resulting in appeals to the Quebec Court of Appeal and the Supreme Court of Canada.
- Represent contractor in litigation and mediation under the Construction Act in relation to delay and deficiency claims arising during trunk sanitary sewer rehabilitation.
- Defend owner in Construction Act adjudication requiring expert quantification evidence for claims related to residential construction project.
- Represent landowner before Ontario Superior Court in soil contamination dispute.
- Counsel U.S. subsidiary of transnational oil company with respect to climate change litigation in the United States and Europe.
- Defend Caribbean nation against investor-state arbitration brought by utility company pursuant to international investment treaty.
- Represent South American oil company and manage cross-border document discovery in two languages in litigation brought by shareholders in New York following the expropriation of the company’s capital stock.
- Represent design build joint venture in P3 project in relation to numerous delay and cost overrun disputes arising during construction of light rail project, including storm conditions, soil contamination, strikes, supply chain disruptions, and COVID-19.
- Represent buyer in dispute concerning environmental remediation of air contamination at the property and management of dedicated escrow funds.
- Advise commercial service provider in construction defect dispute post-substantial completion pursuant to dispute resolution procedures of applicable Facility Management Agreement.
- Represent financial services company in investigations conducted by U.S. regulators related to information security and cryptocurrency.
- Counsel U.S. retailer on data breach response, including reporting obligations and forensic investigation management.
Emily Hush
She/Her
Language(s) Spoken
- English
- French
- Spanish
Emily Rebecca Hush is a talented lawyer building her litigation practice with a focus on complex civil disputes and construction law. Emily’s vast legal experience includes legal research, cross-border discovery, and oral and written advocacy in complex commercial litigation, investor-state arbitration and bankruptcy proceedings.
Prior to joining McMillan, Emily practised law in New York representing domestic and international clients in complex disputes involving climate change litigation, trademark rights, international investment treaties, shareholder disputes, and constitutional law. From 2021 to 2022, she clerked for the Honorable Wendy Beetlestone at the United States District Court for the Eastern District of Philadelphia.
Emily is admitted to practice law in Ontario and in New York. She is also admitted to appear before the United States District Court for the Southern District of New York and the United States Court of Appeals for the Ninth Circuit.
Expertise
Industries
Practices
Representative Matters
Speaking Engagements
Environmental Case Law and Regulatory Update at the Ontario Legal Conference: Municipal, Planning & Environmental Law
February 2023The Future of Sustainable Development in the Comprehensive Economic and Trade Agreement and New Generation FTAs, a presentation to the American College of Environmental Lawyers
October 2018Rankings & Recognitions
- Winner, European Law Moot Court 2016
- James Kent Scholar, Columbia Law School
- Harlan Fiske Stone Scholar, Columbia Law School
- Lawrence S. Greenbaum Prize for best oral presentation at Columbia Law School Harlan Fiske Stone Moot Court
- Edwin Parker Prize, Columbia Law School
- Wilfred Feinberg Prize, Columbia Law School
- Simon H. Rifkind Prize, Columbia Law School
- Stephen E. Herrmann Environmental Writing Award, American College of Environmental Lawyers
Education & Admissions
2023
Called to Ontario Bar
2019
Called to the New York bar
2018
JDColumbia Law School
2011
Bachelor of Music in French Horn Performance (B. Mus.), Minor in Langue et littérature françaisesMcGill University
Publications
- “You Don’t Know What You’re Missing — How to Define and Exclude Consequential Damages,” by Emily Hush, Jason J. Annibale, and Charlotte Conlin, CCCL Law Journal (2024)
- “Is the Cannabis Act nipping competition in the bud?“. Co-Authored with Joshua Chad & Karandeep Lall, Law 360 Canada (September 28th, 2023)
- “You Don’t Know What You’re Missing“, The Canadian Bar Association (August 23, 2023)
- “Parody Chew Toys and the First Amendment,” Landslide Magazine 13:3 (2021)
- “Comments on the Environmental Protection Agency’s Proposed Action ‘National Ambient Air Quality Standards for Particulate Matter,’” New York City Bar (June 26, 2020)
- “Ninth Circuit Set to Clarify Aesthetic Functionality Doctrine,” IP Watch Dog (January 17, 2020)
- “Let’s Talk About Sex Discrimination at the Supreme Court,” Debevoise Women’s Review (December 6, 2019)
- “Brave Your Fear,” Debevoise Women’s Review (July 12, 2019)
- “The Valuation of Ecosystem Services in International Investment Arbitration,” Environmental Claims Journal 30:4 (2018)
- “Where No Man Has Gone Before: The Future of Sustainable Development in the Comprehensive Economic and Trade Agreement and New Generation FTAs,” Columbia Journal of Environmental Law 43:1 (January 2018)
- “Developing a European Model of International Protection for Environmentally-Displaced Persons: Lessons from Finland and Sweden,” Columbia Journal of European Law Blog (September 7, 2017)
- “Trade, Investment, and Sustainable Development in CETA,” Columbia Journal of European Law Blog (March 26, 2017)
Insights (8 Posts)View More
Competition Bureau Releases Draft Greenwashing Enforcement Guidelines: A Pragmatic Approach
The bulletin highlights key elements of the Competition Bureau's draft greenwashing guidelines in respect of June 2024 amendments to the Competition Act.
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Jan 13, 2025
“Public Importance”: The Gateway to the Supreme Court of Canada
Overview of the legislative framework governing applications for leave to appeal to the Supreme Court.
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Dec 13, 2024
Managing Climate Risk with Insurance and Contractual Provisions
Carefully crafted contractual clauses and tailor-made insurance can help effectively manage the escalating risks posed by extreme weather.
Read More
Dec 11, 2024
Legal Risk Assessments – An Essential Risk Management Tool
The best way to address the legal issues that arise in any business is to focus on their identification and resolution before they become legal problems.
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May 9, 2024
Environmental Law: Recent Developments in Canada
Join McMillan on Tuesday, April 16th for a webinar highlighting recent developments in the Canadian environmental law landscape.
Details
Tuesday, April 16, 2024
Administrative Monetary Penalties: Regulators “AMP-ing” up the Pressure on Businesses
Administrative Monetary Penalties are increasingly used to sanction regulatory non-compliance in Canada. What are they and what should you do if faced with one?
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Mar 19, 2024
Competition Bureau gets into the weeds of the Cannabis Act
The Competition Bureau's submission to support Health Canada's legislative review of the Cannabis Act investigates the competitive dynamics of cannabis industry
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Sep 6, 2023
Broadening the Environmental Enforcement Toolkit: Ontario Expands Administrative Monetary Penalty Regime for Environmental Violations
Ontario is broadening its existing administrative monetary penalties (AMPs) regime for environmental violations.
Read More
Feb 28, 2023
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