Brendan argues cases before all Ontario and Federal courts, as well as administrative tribunals. He has acted as counsel in a variety of specialized fields, including professional and securities regulation, competition/antitrust law, class actionsintellectual property litigationjudicial reviews and appeals, First Nations litigation, corporate and contractual disputes and commercial arbitrations. He has regularly been retained to advise and represent government agencies, such as police services, industry regulators, and professional discipline tribunals; in that role, he frequently acts as outside prosecution counsel in difficult cases or in response to judicial reviews and civil litigation.

As part of his intellectual property litigation practice, he is cross-appointed as counsel to the leading patent & trademark firm of PCK IP, with offices in Toronto, Waterloo and Washington, D.C.

Brendan is Adjunct Professor of Law at Osgoode Hall Law School, where he has taught Administrative Law since 2008. Previously, he lectured at Queen’s University Faculty of Law. He continues to regularly speak and write at professional conferences on a variety of subjects.

He has been recognized by Lexpert with a “Rising Star” award as one of Canada’s leading lawyers under 40.  He is ranked by Chambers Global and Benchmark Litigation as a leading litigation counsel, recognized in Best Lawyers in Administrative & Public Law, and was recognized by Precedent magazine with its Precedent-Setter award for excellence in the first 10 years of law practice.

Prior to joining Stockwoods, Brendan served as a law clerk to Mr. Justice Iacobucci of the Supreme Court of Canada.  He holds a B.A. (Hons.) in Classics and an LL.B., both from the University of Toronto.

Brendan is a member of The Advocates’ Society, Toronto Lawyers’ Association, and Ontario Bar Association.

Examples of his pro bono and public interest work include representing the B.C. Civil Liberties Association in a series of Charter challenges to the Fair Elections Act as well as in extradition matters; acting (with Katherine Hensel) for Attawapiskat First Nation in its successful challenge to the imposition of third-party management by the Federal Government; representing journalist Stevie Cameron in successfully resisting subpoenas to produce documents and/or testimony before the Oliphant Commission into the relationship between Karlheinz Schreiber and Brian Mulroney; and representing the Parkdale Residents’ Association in ongoing litigation against the City of Toronto arising from the City’s failure to send notices of rent reduction to rooming house tenants in Parkdale.

 
Representative Work
  • Wenger S.A. et al. v. Travelway Group. Representing the makers of the genuine Swiss Army knife in proceedings for a trademark injunction against a luggage manufacturer selling goods which employ an alleged confusingly similar trade-mark.
  • Pennyfeather v. Timminco Inc.  Acting for a defendant, Photon Consulting, in this securities class action, which alleges that the defendant Timminco misrepresented information concerning its silicon production methods, leading to a wrongly inflated market price.  Successfully obtained a landmark ruling from the Court of Appeal in 2012, strictly limiting the time periods in which plaintiffs may pursue statutory secondary market liability under the Securities Act.
  • Toronto Police G20 Discipline Prosecutions.  Part of the team of Stockwoods lawyers appointed as independent prosecutors of alleged disciplinary violations by officers of the Toronto Police Service during the G20 summit in Toronto in June, 2010.
  • Ontario Securities Commission v. Sextant Capital Management Inc.  Acted for the OSC, successfully prosecuting the Respondent hedge fund and its principals for an estimated $100M fraud. The fraud involved the investment of the vast majority of the funds invested into an Icelandic company specializing in glacier water, of which the hedge fund manager was an undisclosed principal.
  • Alberta (Minister of Education) v. Access Copyright.  
    Acted as counsel to a coalition of writers' organizations in advancing their position on "users rights" and fair use for educational purposes, in this important copyright appeal before the Supreme Court of Canada.
  • Toronto Police Service v. Staff Inspector Steven Izzett  
    An ongoing, highly publicized prosecution of a senior Toronto police officer alleged to have destroyed evidence and sexually harassed an inferior officer within the Intelligence Unit of which he was the commanding officer.
  • Ontario Racing Commission v. Ontario Harness Horse Association
    Represented the Commission in a major challenge to its jurisdiction to shift purse monies between different Ontario race tracks, which it did in an effort to encourage competition and the economic viability of racing.
  • Isomers Laboratories Inc. v. MainMast International Inc.
    Action on behalf of a well-known cosmetics manufacturer against a potential Chinese distributor who, it is alleged, wrongfully registered the client’s trade-marks in China. This litigation seeks to use the Ontario Courts to compel the distributor to assign the rights to the Chinese trade-marks.
  • Chippewas of Rama v. Ontario
    Acted as co-counsel for the Chippewas of Rama First Nation at trial and on appeal, in their action against the Ontario Government for their claimed 35% share of the net revenues of Casino Rama, located on their reserve lands.
  • Belle River District Minor Hockey Assn. v. City of Windsor
    Acting as co-counsel to the City of Windsor and the neighbouring Town of Tecumseh in a class action seeking to recover tens of millions of dollars in charitable gaming license fees collected since 1969.
  • Canada Post Corp. v. Spring Global Mail.
    Acted for Spring, a consortium of the Dutch, British and Singaporean postal services, which provides international mail delivery services world-wide. Canada Post sued Spring, alleging that these services violated its monopoly rights and were illegal. After a lengthy battle in the courts, Parliament was persuaded to amend the Canada Post Corporation Act to protect Spring’s business in 2010.
  • Market Regulation Services Inc. v. Northern Securities Inc. et al.
    Acted for Market Regulation Services, then the regulator of the TSX and numerous other Exchanges, in this major challenge to its jurisdiction. The challenge alleged that the TSX had failed to properly “spin off” its regulatory functions to RS as part of the demutualization process in the early 2000s, and that therefore no effective regulatory authority existed.
Publications
  • "Recent Developments of Importance: Corporate-Commercial Litigation" (with Paul Le Vay and Justin Safayeni), in The 2013 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
  • "The Real Federalism Problem with Crime Legislation", Maclean's, November 15, 2011
  • "Making and Writing Effective Tribunal Decisions and Reasons" (with Brian Gover and Johanna Braden), Fundamentals of Administrative Law and Practice, Canadian Institute, 2004 (delivered and republished in updated form in 2005, 2006, 2007, 2008, 2009)
  • "CEO in the Crosshairs: Representing Chief Executive Officers in Regulatory Proceedings" (with Brian Gover), presented to The Advocates’ Society Fall Convention, 2004
  • "Protecting Commercial Confidentiality With Sealing Orders After Sierra Club", 2003 (IX: 2 Commercial Litigation 463)
  • "Liability of Certifying Officers Under Sarbanes-Oxley and Bill 198: Preserving Actual Knowledge", 2003 (VII:4 Corporate Liability 443)
Teaching & Speaking Engagements
  • Adjunct Professor, Osgoode Hall Law School (Administrative Law), 2008 to present
  • Co-Chair, Osgoode Annual National Forum on Administrative Law & Practice (with Lorne Sossin and Sean Gaudet), 2012 through 2016.
  • Panelist, "Current Plaintiffs' Issues", OBA 8th Annual Class Action Colloquium, 2016
  • Lecturer, "Lessons from the G20 Toronto Police Discipline Prosecutions", 14th Annual Police Adjudicators & Prosecutors Seminar, 2016
  • Panelist, Philippe Kirsch Institute Expert Forum on International Comity in Canadian Law, 2016
  • Speaker, "Essential Considerations for Using Expert Witnesses", OBA Evidence for Litigators conference, 2015
  • Speaker, Association of Law Officers of the Crown Conference, 2012-2014
  • Speaker, OBA Annual Conference on Constitutional Law, 2014
  • Panelist (with Joseph Markson and Gary Melanson), "Efficiency in Tribunal Hearings", Canadian Institute Conference on The Law of Policing, 2013
  • Panelist (with Sarit Batner and Brandon Kain), "Judicial Review of Commercial Decisions", Osgoode National Forum on Administrative Law and Practice, 2012
  • Panel Moderator (with the Hon. Mr. Justice Evans, Chris Bredt and Robert Danay), "The Erosion of the Simplicity of Dunsmuir: Shifts and Drifts in the Standard of Review", Osgoode National Forum on Administrative Law & Practice, 2012
  • Coach, SOAR/Osgoode Certificate in Adjudication Program for tribunal members, 2012
  • Panelist, Panel Discussion on Expert Witnesses after the Goudge Report, Association of Law Officers of the Crown Conference, 2011
  • Panelist, Panel Discussion on Concurrent Civil and Regulatory Proceedings, Canadian Institute Conference on Securities Litigation and Enforcement, 2011
  • Speaker, Lecture on Witness Preparation and Cross-Examination Pitfalls, Ontario Securities Commission Enforcement Branch Training, 2011
  • Panelist, Panel Discussion on the Crown’s Duty to Consult Aboriginal Communities, Osgoode Professional Development Conference on Crown Liability, 2011
  • Speaker, Presentation on Emerging Issues in Police Liability to Employees, Canadian Institute Conference on The Law of Policing, 2010
  • Panelist (with Lorne Sossin, David Stratas and Freya Kristjanson) Panel Presentation “Recent Developments in Administrative Law”, Conference of Ontario Boards and Agencies, 2009
  • Panelist, Panel Discussion on Disclosure Issues (with David Hausman and Mary Thomson), Osgoode Professional Development Conference on Prosecuting and Defending Professional Discipline Cases, 2009
  • Trainer/Presenter, Joint Session of License Appeal Tribunal and Ontario Racing Commission members, Training on Adjudicating Charter and Human Rights Code Issues in Tribunal Hearings, 2008
  • Adjunct Faculty, Queen’s University Faculty of Law (Administrative Law), 2006-2007
  • Instructor, Legal Ethics First-Year Bridge programme, University of Toronto Faculty of Law, 2006-2009, 2012
Associations
  • Member, The Advocates’ Society
  • Member, Ontario Bar Association
  • Member, Toronto Lawyers’ Association
Awards/Recognition
  • Ranked in Dispute Resolution – Ontario by Chambers Global and Chambers Canada, 2012 to present
  • The Best Lawyers in Canada - named for Administrative & Public Law, 2013 to present
  • Named a "Future Star" in commercial litigation by Benchmark Litigation, 2014 to present
  • Lexpert/American Lawyer Guide to the Leading US/Canada Cross-Border Litigators, "Litigators to Watch", 2012
  • Precedent-Setter Award, Precedent Magazine, 2011
  • Lexpert Rising Stars - Leading Lawyers Under 40, Lexpert Magazine, 2011
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