About Clare
Clare E. Burns: Leading Trusts and Estates Litigation Attorney in Ontario
Clare E. Burns is a distinguished and highly experienced trusts and estates litigator recognized for her profound expertise in complex estate disputes, will challenges, and trust administration matters. With a career spanning decades and encompassing both private practice and a pivotal role as the Children’s Lawyer for the Province of Ontario, Ms. Burns brings an unparalleled depth of knowledge and a steadfast commitment to protecting the rights and interests of individuals and families navigating sensitive legal issues. She is a dedicated legal counsel specializing in providing strategic guidance and vigorous representation in high-stakes litigation.
For over two decades, Ms. Burns has consistently delivered exceptional results, earning her widespread recognition and numerous accolades. Her tenure as the Children’s Lawyer for Ontario (2003-2008) was defined by her leadership in supervising over 11,000 cases, including intricate variations of trust, will challenges, passings of accounts, guardianship proceedings, and various dependant’s relief matters. This demanding role honed her skills in courtroom advocacy, strategic planning, and meticulous investigation – skills she continues to leverage in her private practice.
Notably, Ms. Burns was counsel for the child in A. (A.) v. B. (B.), a landmark case that affirmed a child’s right to have more than two legal parents, demonstrating her commitment to advancing legal precedents and protecting vulnerable individuals. Prior to her government role, she cultivated a robust civil litigation practice, appearing before numerous courts across Canada and internationally, including the Supreme Court of Canada, the Tax Court of Canada, the Federal Court of Canada, and through Alternative Dispute Resolution (ADR) processes governed by the International Chamber of Commerce (ICC) Rules.
Ms. Burns's experience encompasses a wide array of complex commercial litigation briefs, including cases involving allegations of Bank of Montreal’s managed futures business operations, negligent derivatives trading by Nesbitt Burns Inc., patent infringement related to Exxon Chemical Company’s motor oil, and negligent construction of a lead smelter by Lurgi AG. In trust and estate litigation, she has represented estate trustees in navigating massive asset passings of account exceeding Cdn $1 billion, and defended major trust corporations against allegations of inadequate trustee investment returns. Her work consistently showcases her ability to dissect complex financial and legal issues and develop compelling defense strategies.
Recognition of Ms. Burns’s outstanding abilities includes being designated as a “Leading Practitioner of Estate Litigation” by Lexpert in 2003, 2009, and 2019. Her dedication extends beyond her legal practice, actively contributing to the profession and the broader community. She has served as a Director of The Advocate’s Society and Vice President of the National Association of Public Trustees and Guardians, showcasing her commitment to professional development and advocacy. Furthermore, she has lectured extensively at leading Canadian law schools – University of Toronto Law School, Osgoode Hall Law School, and the University of Western Ontario Law School – sharing her expertise in estates law, children’s law, and trial advocacy.
Beyond her legal career, Ms. Burns is deeply involved in community initiatives. She has served as a Past Director of World Literacy of Canada and About Face Craniofacial Family Society. Her commitment to service has been formally recognized with an Ontario Volunteer Award in 2002.
Practice Areas
- Trusts & Estates Litigation
- Will Contests
- Trust Disputes
- Probate Litigation
- Estate Administration Litigation
- Dependent’s Relief
- Personal Injury Litigation (Related Cases)
- Alternative Dispute Resolution
Awards
- Lawyer of the Year: Trusts and Estates, Toronto, Canada (2026)
- Lawyer of the Year: Trusts and Estates, Toronto, Canada (2019)
- Recognized: Alternative Dispute Resolution
- Recognized: Trusts and Estates
- Recognized as a leading practitioner in the 2015 Canadian Legal Lexpert® Directory
Education & Credentials
- Bar Admissions: Ontario, Canada
- Lexpert Leading Practitioner: Designated 2003, 2009, 2019
- Active Involvement: Director – The Advocate's Society, Vice President – National Association of Public Trustees and Guardians
- Teaching Experience: Estates, Children’s Law, Trial Advocacy – University of Toronto, Osgoode Hall, Western Ontario Law Schools
Contact: To discuss your legal needs regarding trusts, estates, or complex litigation, please contact Clare E. Burns today for a confidential consultation.
