Khrystina McMillan

Tel: 647.725.2604kmcmillan@babinbessnerspry.comvCard

Khrystina McMillan joined Babin Bessner Spry LLP as an Associate in 2017. Prior to joining Babin Bessner Spry LLP, Khrystina worked for several years with a major Canadian law firm, Stikeman Elliott LLP, where she developed a broad litigation practice. During her articles, also at Stikeman Elliott LLP, Khrystina completed a secondment at a major Canadian bank. 

Khrystina has been involved in a variety of litigation proceedings including complex corporate commercial disputes, regulatory investigations, insurance defence, administrative proceedings, insolvency matters, employment matters, class action defence and competition litigation. Khrystina has appeared before administrative tribunals and the Ontario Superior Court of Justice (Civil and Commercial List), and has participated in matters before all levels of court in Ontario. 

Khrystina completed her J.D. at University of Toronto Law School. While at law school, Khrystina was a finalist in the Callaghan Memorial Moot and received Best Appellant's Factum award. Khrystina also volunteered at a legal aid clinic where she represented clients in administrative proceedings.

Khrystina has advanced proficiency in written and verbal Spanish, and working knowledge of French.


Representative Work
Khrystina’s experience includes acting for:
  • A renowned employee association conducting an independent internal investigation into allegations of fraud and money laundering. 
  • One of Canada’s top banks in successfully obtaining the dismissal of a multi-hundred million dollar claim for breach of representation and warranty in connection with the sale of a business. 
  • A major pharmaceutical company defending a multi-million dollar class action regarding alleged misrepresentations in advertisements for a product.
  • A tenant in a dispute with the landlord over damages for the tenant’s early termination of a commercial lease resulting in the sale of the property. 
  • A leading healthcare company engaged in disputes with a number of franchisees alleging breaches of the franchisor’s duty of good faith and fair dealing.
  • A product distributor regarding a claim for product liability for allegedly supplying defective pipes and gaskets for a large Alberta water pipeline project. 
  • An international mining company regarding secondary market liability under the Securities Act for alleged misrepresentations in the company’s public disclosure. 
  • An investment company allegedly involved in a fraudulent foreign exchange investment scheme.
  • The directors and officers of a large company regarding potential personal liability for the company’s alleged environmental violations in a foreign country.
  • An international company seeking to establish operations in a terra nullius (a territory that is not under the control and authority of any sovereign state). 
  • A major Canadian insurer defending various claims for benefits. 
  • Various corporate entities, both plaintiffs and defendants, engaged in contractual disputes.
  • Various companies and individuals regarding wrongful dismissal claims and other employment matters.
  • Numerous creditors in bankruptcy proceedings.
Publications & Events
  • Khrystina McMillan, "Monsters and Explosions: Who Knew that Legal Limitations Issues Could Sound so Hollywood?", Babin Bessner Spry Blog (10 April 2018).
  • Khrystina McMillan and Shakaira John, "Manitoba Joins Emerging Trend of Granting More Legal Authority to Investment Industry Regulators, but is Investor Protection Really the Bottom Line?", Babin Bessner Spry Blog (26 March 2018).
  • Khrystina McMillan, "Pencils in Space: Why Targets for Women in Corporate Leadership Should no Longer be a Debate", Babin Bessner Spry Blog (12 February 2018).
  • Khrystina McMillan, “When You Ought to Have Known: Court of Appeal Upholds Liability Against Successive Tippees Who Lacked Actual Knowledge of the Source of the Inside Information”, Babin Bessner Spry Blog (29 January 2018).
  • Khrystina McMillan, “British Columbia Court of Appeal Leaves the Door Open for Deceptive Practices Claims Without Reliance on the Alleged Misrepresentation”, Babin Bessner Spry Blog (4 December 2017).
  • Khrystina McMillan and Shakaira John, “OSC to Focus on Raising Awareness of Whistleblower Protections Amidst Doubt over the Efficacy of these Protections”, Babin Bessner Spry Blog (20 November 2017).
  • Khrystina McMillan, “Court of Appeal Allows Ontario Class Action to Include Absent Foreign Claimants: Part 2”, Babin Bessner Spry Blog (30 October 2017). 
  • Khrystina McMillan, “Court of Appeal Allows Ontario Class Action to Include Absent Foreign Claimants: Part 1”, Babin Bessner Spry Blog (23 October 2017). 
  • Khrystina McMillan, “Court of Appeal Clarifies Availability of Defences Based on Clear and Credible Evidence at Securities Leave Motions”, Babin Bessner Spry Blog (25 September 2017). 
  • Khrystina McMillan, “Forcing Class Actions Plaintiffs to Cherry Pick from a Single Tree: Nova Scotia Court of Appeal finds abuse of process in duplicative class actions”, Stikeman Elliott Class Actions Blog (27 April 2015). 
  • Daniel S. Murdoch and Khrystina McMillan, “Recent Developments in Maintaining Solicitor-Client Privilege”, Advocates’ Quarterly (February 2015) Vol. 43, No. 4.
  • Patrick Duffy and Khrystina McMillan, “Court of Appeal allows offshore wind claim to proceed on narrow grounds”, Stikeman Elliott Energy Law Blog (15 November 2013). 
Affiliations and Education

Professional Affiliations:

  • Law Society of Upper Canada
  • Canadian Bar Association
  • Ontario Bar Association
  • The Advocates’ Society    

Bar Admission:

  • Ontario, 2014


  • University of Toronto, J.D., 2013 
  • University of Western Ontario (Western University), B.A. Hons. Spanish Language and Literature, 2010 (gold medal winner; with distinction)


Personal and Community Involvement

Khrystina does pro bono work with the Refugee Sponsorship Support Program and Lifeline Syria, assisting claimants with their refugee applications. She is also a volunteer adjudicator with the Matthew House Refugee Hearing Program to help prepare refugee claimants for their hearings before the Immigration and Refugee Board of Canada. She also volunteers with Toronto Lawyers Feed the Hungry.

Outside of law, Khrystina enjoys long-distance running and choral singing. She also appeared in Nightwood Theatre’s Lawyer Show 2016 and 2017 productions of Guys and Dolls and Legally Blonde: The Musical.