Kent E. Thomson

Partner

Kent Thomson

Kent E. Thomson

Partner

Bar Admissions
  • Ontario, 1984

“Kent is the best of the best. His advocacy skills are unmatched, his writing is sharp, and his advice is practical and sound. He’s a once-in-a-generation lawyer.”
Client – Chambers Canada

Kent practises complex, high-stakes litigation across a wide range of areas. Recognized repeatedly as one of Canada’s leading trial and appellate counsel, Kent is trusted by clients to act on their most critical matters.

Kent appears regularly in courts at every level throughout Canada. He also acts before a number of tribunals in Canada, including the Ontario Securities Commission and the Competition Tribunal.

Lead counsel in many of Canada’s most closely watched cases, Kent has achieved numerous precedent-setting decisions in areas as diverse as oppression, plans of arrangement, class actions, corporate law, securities law, tort law, competition law, tax law, voting law and defamation. The Supreme Court of Canada has decided a number of these cases in favour of Kent’s clients. He has also succeeded in complex domestic and international arbitrations for clients in proceedings in Canada, the U.S., Europe, Australia and Africa.

As one client says, Kent “has such dexterity in his ability to formulate and identify winning arguments. It’s impressive to watch how quick his mind can work and the execution is flawless.” (Chambers Canada)

Kent E. Thomson

Partner

“Kent is the best of the best. His advocacy skills are unmatched, his writing is sharp, and his advice is practical and sound. He’s a once-in-a-generation lawyer.”
Client – Chambers Canada

Kent practises complex, high-stakes litigation across a wide range of areas. Recognized repeatedly as one of Canada’s leading trial and appellate counsel, Kent is trusted by clients to act on their most critical matters.

Kent appears regularly in courts at every level throughout Canada. He also acts before a number of tribunals in Canada, including the Ontario Securities Commission and the Competition Tribunal.

Lead counsel in many of Canada’s most closely watched cases, Kent has achieved numerous precedent-setting decisions in areas as diverse as oppression, plans of arrangement, class actions, corporate law, securities law, tort law, competition law, tax law, voting law and defamation. The Supreme Court of Canada has decided a number of these cases in favour of Kent’s clients. He has also succeeded in complex domestic and international arbitrations for clients in proceedings in Canada, the U.S., Europe, Australia and Africa.

As one client says, Kent “has such dexterity in his ability to formulate and identify winning arguments. It’s impressive to watch how quick his mind can work and the execution is flawless.” (Chambers Canada)

BCE Inc.

Acted for BCE Inc. and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by Justice Silcoff of the Quebec Superior Court following a lengthy and highly expedited trial.

Casey Hill

Acted for the plaintiff, Casey Hill, in a successful appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal in a libel case against the Church of Scientology and its lawyer, Morris Manning. This case resulted in one of the largest jury awards in Canadian history in favour of Mr. Hill, rendered following the conclusion of a lengthy trial, and remains one of the leading decisions of the Supreme Court in the areas of defamation and punitive damages.

Continental Bank of Canada

Acted for Continental Bank of Canada and its subsidiary Continental Bank Leasing Corporation in successful appeals to the Supreme Court of Canada from decisions of the Federal Court of Appeal concerning the proper tax treatment of complex partnership transactions entered into at the time of the winding-up of Continental Bank. The Federal Court of Appeal had set aside a decision rendered in favour of the Bank and its subsidiary by the Honourable Mr. Justice Bowman following the conclusion of a lengthy trial in the Tax Court of Canada. This remains one of the leading decisions of the Supreme Court in the areas of tax law and partnerships.

Government of Canada

Acted for the Government of Canada in an appeal to the Supreme Court of Canada in a controversial case involving legislative changes to Canada's compulsory licensing regime governing the production, marketing and sale of generic pharmaceutical products.

Thomson Newspapers Limited

Acted for Thomson Newspapers Ltd. in an appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal concerning the constitutional validity of the investigative provisions of the Combines Investigation Act (now, the Competition Act). This case gave rise to a rare application to the Supreme Court by both parties to the appeal for reconsideration of the Court's original decision.

Apotex Inc.

Acted for Apotex Inc. in defending successfully at trial in the Superior Court of Ontario claims made by Alcon Canada Inc. concerning an alleged settlement of claims between the parties arising from patent disputes in the United States and Canada. Alcon's claims were dismissed by a Justice of the Commercial List in Toronto following the conclusion of an expedited trial.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in defending eight multi-billion dollar class actions commenced in jurisdictions across Canada pertaining to alleged breaches by Barrick of its disclosure obligations under the securities laws of Ontario and other provinces concerning Barrick's Pascua Lama mining project in Chile and Argentina.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in international tort litigation concerning the mining operations of an affiliate of Barrick in Africa, brought in the courts of Canada, the United Kingdom and Tanzania.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in defending successfully claims asserted against Barrick by Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and St. Andrew Goldfields Ltd. in respect of royalty and other agreements entered into in conjunction with the sale of a sizeable operating mine in Northern Ontario. The claims asserted against Barrick were dismissed following a highly expedited trial in the Superior Court of Ontario that was conducted in the absence of pleadings and discoveries.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in defending successfully litigation in the Ontario Superior Court concerning its pre-bid agreement with Goldcorp Inc. to dispose of certain assets acquired by Barrick in its takeover bid for Placer Dome Inc. and in the subsequent disposition of US$1.6 billion of assets to Goldcorp.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in an appeal to the British Columbia Court of Appeal from a decision reached at the conclusion of a four-month trial pertaining to a failed commercial transaction involving the proposed acquisition of an operating mine in Québec.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in class action and other litigation in the United States and Canada arising from the Bre-X debacle, in which Bre-X was found to have perpetrated a $6-billion fraud involving a non-existent gold deposit in Busang, Indonesia.

Bayer Inc.

Acted for Bayer Corporation in successfully opposing in the Ontario Divisional Court and Ontario Court of Appeal certification of a proposed national class action concerning alleged price fixing in the supply of iron oxide, a colourant in bricks and paving stones. This case, known as Chadha v. Bayer, is one of the leading decisions in Canada concerning the certification of antitrust class actions.

Beaverbrook (U.K.) Foundation

Acted for the Beaverbrook (U.K.) Foundation in closely watched trial and appellate arbitration proceedings that were held in public in New Brunswick concerning the ownership of numerous valuable works of art acquired by the Beaverbrook (U.K.) Foundation between 1954 and 1965 that are currently housed at the Beaverbrook Art Gallery in Fredericton. This case was the subject of extensive media coverage throughout Canada, including a lengthy book written by a reporter from the Canadian Broadcasting Corporation.

Zimmer Biomet Holdings, Inc.

Acting for Zimmer Biomet Holdings, Inc. in defending class action proceedings in the Superior Court of Ontario concerning alleged defects in Biomet's metal-on-metal hip replacement and resurfacing devices.

Canada Life Company

Acted as counsel to Canada Life in a significant appeal argued recently in the Court of Appeal for Ontario concerning the proposed rectification of a complex corporate transaction that gave rise to an unintended tax liability measured in the tens of millions of dollars. The appeal is under reserve.

Canada Pipe Company Ltd.

Acted for Canada Pipe Company Ltd. before the Competition Tribunal, Federal Court of Appeal and Supreme Court of Canada with respect to the only fully contested abuse of dominance case to be decided in Canada in more than 15 years. This matter was decided in favour of Canada Pipe following a lengthy trial in the Competition Tribunal and against Canada Pipe in the Federal Court of Appeal. The matter was eventually resolved through a negotiated Consent Agreement in December 2007.

CIBC World Markets Inc.

Acted for CIBC World Markets, the financial advisors to the Special Committee of Magna International Inc., in connection with litigation before the Ontario Securities Commission and the Superior Court of Ontario arising from the elimination by Magna of its dual-class share structure and the creation by Magna of a single class of equity securities by way of a plan of arrangement.

Commissioner of Competition

Acted for the Commissioner of Competition, the Head of the Canadian Competition Bureau, in the first challenge ever brought under the civil price maintenance provisions of the Competition Act alleging that the merchant rules of Visa and MasterCard are unlawful. This is one of the most significant proceedings to be brought before the Competition Tribunal in recent years, and resulted in a lengthy trial before the Tribunal.

Fido Solutions Inc.

Acted for Fido Solutions Inc. in the Superior Court of Ontario and Ontario Court of Appeal in defending successfully a $160-million claim commenced against it by Unique Broadband Wireless Services, Inc. relating to an alleged breach of contract, breach of confidence and breach of fiduciary duty.

General Motors of Canada Limited

Acted for General Motors of Canada Limited in defending successfully claims asserted against it for approximately $1 billion in a class action before the Ontario Superior Court on behalf of approximately 180 former dealers of GMCL who were eliminated from GMCL's dealer network during the restructuring of the company in 2009. This case resulted in a lengthy trial in the Ontario Superior Court and appeals to the Ontario Court of Appeal. All claims asserted against GMCL were dismissed by the trial judge. The Ontario Court of Appeal upheld the trial judge's decision dismissing all claims against GMCL. This has been described by legal commentators as "one of the highest profile cases in Canadian franchise history".

General Motors of Canada Limited

Acted for General Motors of Canada in defending claims asserted against it in the Ontario Superior Court of Justice for approximately $250 million by approximately 20 Buick GMC dealers who were retained by GMCL following the restructuring of the company in 2009. The claims asserted were resolved consensually on the eve of trial.

General Motors of Canada Limited

Acted for General Motors of Canada Limited in defending claims asserted against it in the Ontario Superior Court for approximately $400 million by approximately 20 dealers in the Toronto area arising from changing market conditions in the period following the restructuring of GMCL in 2009.

HudBay Minerals Inc.

Acted for Jaguar Financial Corporation, a shareholder of HudBay Minerals Inc., in its successful and precedent-setting application to the Ontario Securities Commission to set aside a decision of the Listing Committee of the Toronto Stock Exchange and compel HudBay to obtain shareholder approval in respect of HudBay's proposed $550-million acquisition of Lundin Mining Corporation. This case led to the termination of the proposed transaction and ultimately to the removal from office of members of the Board of Directors of HudBay.

Kemira Chemicals Canada Inc.

Acted for Kemira Chemicals Canada Inc. in its defence of multiple class actions across Canada alleging a price fixing conspiracy in respect of hydrogen peroxide.

Liquor Control Board of Ontario

Acted for the Liquor Control Board of Ontario in defending claims asserted against it for approximately $1.5 billion in antitrust class action proceedings pending in the Ontario Superior Court against the LCBO, Brewers Retail Inc. and a number of major brewers. In March 2018, Justice Perell of the Ontario Superior Court granted summary judgment dismissing all claims asserted against the LCBO and the other defendants. The decision of Justice Perell granting summary judgment in favour of the LCBO was affirmed by the Ontario Court of Appeal in April 2019.

Eugene Melnyk

Acted for Eugene Melnyk, the founder of Biovail and the owner of the Ottawa Senators, in defending enforcement proceedings before the Ontario Securities Commission arising from an "earnings warning" issued by Biovail in 2003. This case resulted in a lengthy trial before the OSC, following which many of the allegations made against Mr. Melnyk were dismissed.

MI Developments Inc.

Acted for a subsidiary of Magna International Inc. in defending successfully a precedent-setting oppression application brought against it before the Ontario Superior Court by Greenlight Capital Corporation and its founder, David Einhorn. Magna prevailed at trial, as well as on appeal in the Divisional Court of Ontario and Ontario Court of Appeal.

MI Developments, Inc.

Acted for MI Developments, Inc. (MID) in its successful defence of applications made by minority shareholders of MID to the Ontario Securities Commission by seeking orders denying MID the use of various securities law exemptions and seeking to require MID to obtain minority shareholder approval before proceeding with proposed related party transactions with Magna Entertainment Corp.

National Hockey League

Acted for the National Hockey League and a number of teams in defending dozens of arbitrations in the United States and Canada involving the National Hockey League Players Association.

Nevsun Resources Ltd.

Acted for Nevsun Resources Limited in defending cross-border securities class actions in Canada and the United States. This litigation was resolved successfully following mediations in New York and Los Angeles.

Ontario Lottery and Gaming Corporation

Successfully acted for the Ontario Lottery and Gaming Corporation in a judicial review application concerning the selection process for an operator of the Niagara gaming bundle. This litigation arose out of the Ontario Provincial Government's modernization of gaming in Ontario. The City of Niagara and Region of Niagara had alleged that they had been given insufficient input and/or control over the selection process.

Ontario Securities Commission

Acted as counsel to the Chairman and Enforcement Branch of the Ontario Securities Commission in connection with enforcement proceedings against a number of the senior officers and directors of Research in Motion concerning a stock option backdating scheme. This case resulted in the imposition of some of the most severe sanctions ever levied in enforcement proceedings by Securities Commissions in Canada.

Osprey Media Income Fund

Acted for Osprey Media Income Fund in defending successfully takeover bid litigation in the Superior Court of Ontario concerning competing bids for Osprey by Quebecor and Black Press. This transaction was valued at approximately $600 million.

Patheon Inc.

Acted for the Special Committee of Patheon Inc. in defending successfully at trial claims of unlawful proxy solicitation made by JLL Partners Inc. in connection with its hostile bid for Patheon. This is now one of the leading cases in Canada in the area of proxy solicitation.

Pershing Square Capital Management, L.P.

Acted for Pershing Square Capital Management, L.P. and other shareholders in trial and appellate proceedings before the Ontario Securities Commission, Ontario Divisional Court and Ontario Court of Appeal concerning a coercive insider bid for Sears Canada Ltd. made by its controlling shareholder, Sears Holdings. Pershing Square prevailed before the OSC, as well as in the Divisional Court and Court of Appeal.

Potash Corporation of Saskatchewan

Acted for Potash Corporation of Saskatchewan in prosecuting complex commercial claims before the Courts of Saskatchewan. This was a multi-billion dollar dispute over the ownership of potash reserves in the world's largest potash mine in Esterhazy, Saskatchewan, and gave rise to more than 100 days of discovery, numerous interlocutory motions as well as an appeal to the Saskatchewan Court of Appeal. This case was settled shortly before the commencement of a lengthy trial in Saskatoon.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in opposing successfully a widely publicized Application for injunctive relief brought by indigenous leader Douglas Cardinal that, if granted, would have had the effect of preventing Rogers from broadcasting any Major League Baseball game involving The Cleveland Indians, including the American League Championship Series against The Toronto Blue Jays and The World Series against The Chicago Cubs. Cardinal objected to the use by Cleveland of the team's name and logo. His Application was dismissed from the bench by the Honourable Mr. Justice McKeown of the Ontario Superior Court in October 2016.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in connection with its successful defence in closely watched misleading advertising proceedings in the Ontario Superior Court brought by the Commissioner of Competition. The case concerned comparative performance-based advertising used by Rogers in connection with its launch in 2010 of Rogers' Chatr brand. This case gave rise to a lengthy trial fought over many weeks, and involved complex expert evidence concerning the testing and operation of wireless networks as well as constitutional challenges to the misleading advertising provisions of the Competition Act.

Rogers Communications Inc.

Acting for Rogers Communications Inc. in connection with numerous multi-billion dollar class action proceedings across Canada to recover "system access fees" charged to consumers by wireless service providers in Canada in the period since 1987. These are some of the largest class actions in Canadian history and have given rise to numerous trial level and appellate decisions in favour of Rogers in various provinces in Canada, including Saskatchewan, Manitoba, Québec, Nova Scotia, Alberta and British Columbia.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in defending successfully a consumer class action seeking damages of more than $100 million alleging, among other things, that certain cable services of Rogers were not made available as advertised.

Rogers Communications Inc.

Acting for Rogers Wireless Inc., Fido Solutions Inc. and other Rogers and Fido companies in their defence of a proposed national class action in the courts of Saskatchewan in respect of 911 fees charged by wireless service providers.

Robert Schad and Athena Automation Limited

Acted for Robert Schad and his company Athena Automation Limited in defending successfully a series of claims asserted against them for damages and injunctive relief arising from their alleged misuse of confidential information and the breach by Mr. Schad of his non-compete and non-solicitation obligations owed to Husky Injection Molding Systems Limited, a company founded by Mr. Schad half a century ago. All claims asserted by Husky against Mr. Schad and Athena in this "bet the company" case were dismissed by Justice Newbould of the Ontario Superior Court in April 2016, following a lengthy trial in the Commercial List.

Royal Group, Inc.

Acted for Royal Group, Inc. in its successful defence of a wrongful dismissal action commenced by its former Chief Financial Officer. The action was dismissed by Justice Myers of the Ontario Superior Court of Justice in July 2017, following a three-week trial in the Commercial List. Royal Group prevailed on every issue, proving that the Plaintiff's role in certain related party transactions gave rise to cause for dismissal notwithstanding that the Plaintiff had previously been acquitted of criminal charges brought against him in respect of those transactions.

Sears Canada Inc.

Acted for Sears Canada Inc. in defending claims for approximately $100 million asserted against it by Canadian Premier Life Insurance Company arising from the termination of arrangements between the parties. This case was settled on the eve of trial in the Supreme Court of Ontario.

SONY BMG Music (Canada) Inc.

Acted for Sony BMG Music (Canada) Inc. in the successful defence of a national class action brought against Sony in the Ontario Superior Court concerning music copy protection software contained in CDs that were produced, marketed and sold by Sony.

Frank Stronach

Currently acting for Frank Stronach in pursuing a series of claims in the Ontario Superior Court pertaining to the administration and operation of a series of interlocking trusts, companies and other entities that comprise The Stronach Group which owns and operates a sizeable agricultural business as well as racehorse breeding operations, racetracks, online betting and other gaming operations in Canada, the United States and Europe.

Syndicate of underwriters

Acted for a syndicate of underwriters in defending a securities class action in the Superior Court of Ontario arising from the IPO of Zungui Haixi Corporation, a China-based issuer.

TransAlta Corporation

Acted for TransAlta Corporation in defending successfully "public interest" proceedings initiated against TransAlta by Mangrove Partners before the Ontario Securities Commission and Alberta Securities Commission in respect of the election of Directors of TransAlta at its Annual Meeting on April 26, 2019, and concerning a $750 million financing transaction entered into between TransAlta and Brookfield Renewable Partners.

Vale Canada Limited

Acted for Vale Canada Limited and its affiliates in defending contractual claims before the Supreme Court of Newfoundland and Labrador in an amount of almost $500 million that were asserted by the Plaintiff under an Option Agreement pertaining to the Voisey's Bay Nickel Project. This case was settled in September, 2018, at the end of the first week of a four month trial that would have involved dozens of lay and expert witnesses. This was the first "hybrid trial" and first electronic trial ever conducted in the Province of Newfoundland and Labrador.

Bruce Walter

Acted for Bruce Walter, a senior Canadian mining executive, in defending successfully enforcement proceedings brought against him by Staff of the Ontario Securities Commission in connection with a takeover bid for a public mining company. Every allegation made against Mr. Walter was rejected by the Ontario Securities Commission following a lengthy trial.

West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully claims asserted against it by The Catalyst Capital Inc. for more than $500 million arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. at a profit of approximately $1.3 billion. Every claim asserted by Catalyst against West Face was dismissed by Justice Newbould of the Superior Court of Ontario in August 2016, following the conclusion of a closely watched trial in the Commercial List. In February 2018, the Ontario Court of Appeal dismissed from the bench Catalyst's appeal from the decision of Justice Newbould.

West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully against a second claim asserted against it by The Catalyst Capital Inc., this time for more than $1.3 billion, arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. On April 18, 2018, Justice Hainey of the Ontario Superior Court of Justice determined that this second claim was essentially an attempt to re-litigate the same facts and issues that had previously been decided by Justice Newbould in the first such claim between Catalyst and West Face. As such, Justice Hainey dismissed the claim as against West Face, and all of the other defendants, as an abuse of process. Catalyst's appeal from the Order of Justice Hainey dismissing this action as an abuse of process was dismissed by the Ontario Court of Appeal in early May 2019.

Xstrata plc

Acted for Xstrata plc in complex takeover bid litigation, including in contested hearings at the Ontario Securities Commission associated with Xstrata's hostile $22-billion takeover bid for Falconbridge Inc. Xstrata succeeded in its efforts to cease trade the Shareholders Rights Plan of Falconbridge. As a result, Xstrata was able to proceed with its hostile bid, which was accepted by the shareholders of Falconbridge. This was at the time, and remains, one of the largest takeover bids in Canadian history.

Speaking Engagement

Panelist, The Advocates’ Society, Trial Advocacy in Action: The Rosenberg Spy Case, “The Art of Cross-Examination”; Toronto, ON

Sept. 10, 2019

Speaking Engagement

Faculty, The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2019, “Demonstration & Discussion: What Category of Expert Is Your Opponent Calling And Why Does It Matter?”; Toronto, ON

Apr. 24, 2019

Speaking Engagement

Faculty and panelist, Osgoode Professional Development, 16th National Symposium on Class Actions, “The Kings of Comity: When Should a Class Action Court Defer to a Case in Another Jurisdiction?”; Toronto, ON

Apr. 04, 2019

Speaking Engagement

University of Toronto, Faculty of Law, “Perspectives in Class Actions in Canada”; Toronto, ON

Apr. 03, 2019

Speaking Engagement

Queen’s University, Faculty of Law, “The Future of Corporate Litigation”; Kingston, ON

Feb. 04, 2019

Speaking Engagement

Faculty, The Advocates’ Society, Alternative Dispute Resolution Skills Certificate, “ADR Advocacy: Advanced Techniques”; Toronto, ON

Dec. 11, 2018

Speaking Engagement

Co-Chair, The Advocates’ Society, Civil Litigation Skills Certificate Program, “Evidence for Litigators”; Toronto, ON

Nov. 29, 2018

Speaking Engagement

Law Society of Ontario, Securities Law Update, “Securities Litigation Update”; Toronto, ON

Nov. 14, 2018

American College of Trial Lawyers—Fellow

International Society of Barristers—Fellow

International Academy of Trial Lawyers—Fellow

Expert Guides’ Best of the Best—Top 30 Litigators Worldwide

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 50 Trial Lawyers in Canada (2017-2019)

Chambers Global: The World’s Leading Lawyers for Business—Dispute Resolution (Band 1); Dispute Resolution: Class Action (Defence)

Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Class Action (Defence) (Band 1); Litigation, General Commercial: Ontario (Band 1); Litigation, Securities: Ontario

Chambers Canada Award—Litigation Firm of the Year (2018)

Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial Department: Ontario (Band 1)

The Legal 500 Canada—Dispute Resolution: Ontario (Leading Lawyer)

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Class Actions; Litigation: Corporate Commercial; Litigation: Directors’ & Officers’ Liability; Litigation: Securities

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Dispute Resolution

Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Competition Law; Corporate Commercial Litigation; Class Actions; Securities Litigation

Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada—Competition Law

Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers

Lexpert Special Edition Leading Canadian Lawyers in Global Mining

The Canadian Legal Lexpert Directory—Class Actions (Most Frequently Recommended); Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Directors’ & Officers’ Liability (Most Frequently Recommended); Litigation: Securities (Most Frequently Recommended); Competition Law

Expert Guides—Competition and Antitrust; Litigation

The Best Lawyers in Canada—Lawyer of the Year, Class Action Litigation (Toronto, 2020)

The Best Lawyers in Canada—Competition/Antitrust Law Lawyer of the Year (2013)

The Best Lawyers in Canada—Bet-the-Company Litigation; Class Action Litigation; Competition/Antitrust Law (Litigation); Corporate and Commercial Litigation; Securities Law

Global Competition Review’s The International Who’s Who of Competition Lawyers and Economists

Who’s Who Legal: Litigation; Who’s Who Legal: Canada—Commercial Litigation; Competition

Benchmark Canada Impact Case of the Year Award (2017, 2019)—Recipient

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 25 Trial Lawyers in Canada; Class Action (Litigation Star); General Commercial Litigation (Litigation Star); Competition Law (Litigation Star); Securities (Litigation Star)

Martindale-Hubbell—AV Preeminent: highest ranking for legal ability and integrity

Bar Admissions

Ontario, 1984

Education

Queen’s University, LLB, 1982
Queen’s University, BA (with Distinction), 1979

Professional Affiliations

American College of Trial Lawyers, Fellow
International Society of Barristers, Fellow
International Academy of Trial Lawyers, Fellow
The Advocates’ Society

Board Memberships

The Advocates’ Society, former Director

Community Involvement

American College of Trial Lawyers, current Vice-Chair of the General Committee on Judicial Independence; former Vice-Chair and Chair of the Judiciary Committee; Vice Chair and Chair of the Special Problems in the Administration of Justice Committee for Canada; Member of the Ontario Province Committee; Member of the American College Task Force on Judicial Independence; Principal author of the Report of the American College entitled “Working Smarter But Not Harder in Canada: The Development of a Unified Approach to Case Management in Civil Litigation” (2016)
Member of Chief Justice Strathy’s Task Force concerning improvements to case management in civil cases in Ontario
Queen’s University Faculty of Law, Advisory Council, former member
The Canadian Institute, Commercial & Business Litigation Review, Associate Editor
Various community, school-related and charitable activities
Coach of numerous children’s hockey, soccer and baseball teams

Teaching Engagements

Kent has been asked to deliver presentations on a wide variety of litigation-related topics, including in Canada, the United States, Mexico and the Cayman Islands. He has taught trial and appellate advocacy programs in Canada and the United States, and appeared as a guest lecturer at Queen’s University, York University, the University of Toronto and the University of Western Ontario.

“Kent is the best of the best. His advocacy skills are unmatched, his writing is sharp, and his advice is practical and sound. He’s a once-in-a-generation lawyer.”
Client – Chambers Canada

Kent practises complex, high-stakes litigation across a wide range of areas. Recognized repeatedly as one of Canada’s leading trial and appellate counsel, Kent is trusted by clients to act on their most critical matters.

Kent appears regularly in courts at every level throughout Canada. He also acts before a number of tribunals in Canada, including the Ontario Securities Commission and the Competition Tribunal.

Lead counsel in many of Canada’s most closely watched cases, Kent has achieved numerous precedent-setting decisions in areas as diverse as oppression, plans of arrangement, class actions, corporate law, securities law, tort law, competition law, tax law, voting law and defamation. The Supreme Court of Canada has decided a number of these cases in favour of Kent’s clients. He has also succeeded in complex domestic and international arbitrations for clients in proceedings in Canada, the U.S., Europe, Australia and Africa.

As one client says, Kent “has such dexterity in his ability to formulate and identify winning arguments. It’s impressive to watch how quick his mind can work and the execution is flawless.” (Chambers Canada)

BCE Inc.

Acted for BCE Inc. and Bell Canada in a successful appeal to the Supreme Court of Canada in a landmark commercial case involving the proposed $51.7 billion privatization of BCE. The decision of the Supreme Court in this case set the standard in Canada for approval of plans of arrangement and claims of oppression. It also clarified the law concerning the duties of directors of public companies faced with potential change of control transactions. This case also resulted in the fastest commercial appeal ever heard by the Supreme Court of Canada. The appeal was heard by the Court and decided unanimously in favour of BCE less than 30 days after BCE launched its application for leave to appeal from a decision of the Québec Court of Appeal revoking approval for BCE's proposed plan of arrangement that had been granted by Justice Silcoff of the Quebec Superior Court following a lengthy and highly expedited trial.

Casey Hill

Acted for the plaintiff, Casey Hill, in a successful appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal in a libel case against the Church of Scientology and its lawyer, Morris Manning. This case resulted in one of the largest jury awards in Canadian history in favour of Mr. Hill, rendered following the conclusion of a lengthy trial, and remains one of the leading decisions of the Supreme Court in the areas of defamation and punitive damages.

Continental Bank of Canada

Acted for Continental Bank of Canada and its subsidiary Continental Bank Leasing Corporation in successful appeals to the Supreme Court of Canada from decisions of the Federal Court of Appeal concerning the proper tax treatment of complex partnership transactions entered into at the time of the winding-up of Continental Bank. The Federal Court of Appeal had set aside a decision rendered in favour of the Bank and its subsidiary by the Honourable Mr. Justice Bowman following the conclusion of a lengthy trial in the Tax Court of Canada. This remains one of the leading decisions of the Supreme Court in the areas of tax law and partnerships.

Government of Canada

Acted for the Government of Canada in an appeal to the Supreme Court of Canada in a controversial case involving legislative changes to Canada's compulsory licensing regime governing the production, marketing and sale of generic pharmaceutical products.

Thomson Newspapers Limited

Acted for Thomson Newspapers Ltd. in an appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal concerning the constitutional validity of the investigative provisions of the Combines Investigation Act (now, the Competition Act). This case gave rise to a rare application to the Supreme Court by both parties to the appeal for reconsideration of the Court's original decision.

Apotex Inc.

Acted for Apotex Inc. in defending successfully at trial in the Superior Court of Ontario claims made by Alcon Canada Inc. concerning an alleged settlement of claims between the parties arising from patent disputes in the United States and Canada. Alcon's claims were dismissed by a Justice of the Commercial List in Toronto following the conclusion of an expedited trial.

Barrick Gold Corporation

Acting for Barrick Gold Corporation and certain of its former and existing officers and directors in defending eight multi-billion dollar class actions commenced in jurisdictions across Canada pertaining to alleged breaches by Barrick of its disclosure obligations under the securities laws of Ontario and other provinces concerning Barrick's Pascua Lama mining project in Chile and Argentina.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in international tort litigation concerning the mining operations of an affiliate of Barrick in Africa, brought in the courts of Canada, the United Kingdom and Tanzania.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in defending successfully claims asserted against Barrick by Newmont Mining Corporation (now known as Newmont Goldcorp Corporation) and St. Andrew Goldfields Ltd. in respect of royalty and other agreements entered into in conjunction with the sale of a sizeable operating mine in Northern Ontario. The claims asserted against Barrick were dismissed following a highly expedited trial in the Superior Court of Ontario that was conducted in the absence of pleadings and discoveries.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in defending successfully litigation in the Ontario Superior Court concerning its pre-bid agreement with Goldcorp Inc. to dispose of certain assets acquired by Barrick in its takeover bid for Placer Dome Inc. and in the subsequent disposition of US$1.6 billion of assets to Goldcorp.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in an appeal to the British Columbia Court of Appeal from a decision reached at the conclusion of a four-month trial pertaining to a failed commercial transaction involving the proposed acquisition of an operating mine in Québec.

Barrick Gold Corporation

Acted for Barrick Gold Corporation in class action and other litigation in the United States and Canada arising from the Bre-X debacle, in which Bre-X was found to have perpetrated a $6-billion fraud involving a non-existent gold deposit in Busang, Indonesia.

Bayer Inc.

Acted for Bayer Corporation in successfully opposing in the Ontario Divisional Court and Ontario Court of Appeal certification of a proposed national class action concerning alleged price fixing in the supply of iron oxide, a colourant in bricks and paving stones. This case, known as Chadha v. Bayer, is one of the leading decisions in Canada concerning the certification of antitrust class actions.

Beaverbrook (U.K.) Foundation

Acted for the Beaverbrook (U.K.) Foundation in closely watched trial and appellate arbitration proceedings that were held in public in New Brunswick concerning the ownership of numerous valuable works of art acquired by the Beaverbrook (U.K.) Foundation between 1954 and 1965 that are currently housed at the Beaverbrook Art Gallery in Fredericton. This case was the subject of extensive media coverage throughout Canada, including a lengthy book written by a reporter from the Canadian Broadcasting Corporation.

Zimmer Biomet Holdings, Inc.

Acting for Zimmer Biomet Holdings, Inc. in defending class action proceedings in the Superior Court of Ontario concerning alleged defects in Biomet's metal-on-metal hip replacement and resurfacing devices.

Canada Life Company

Acted as counsel to Canada Life in a significant appeal argued recently in the Court of Appeal for Ontario concerning the proposed rectification of a complex corporate transaction that gave rise to an unintended tax liability measured in the tens of millions of dollars. The appeal is under reserve.

Canada Pipe Company Ltd.

Acted for Canada Pipe Company Ltd. before the Competition Tribunal, Federal Court of Appeal and Supreme Court of Canada with respect to the only fully contested abuse of dominance case to be decided in Canada in more than 15 years. This matter was decided in favour of Canada Pipe following a lengthy trial in the Competition Tribunal and against Canada Pipe in the Federal Court of Appeal. The matter was eventually resolved through a negotiated Consent Agreement in December 2007.

CIBC World Markets Inc.

Acted for CIBC World Markets, the financial advisors to the Special Committee of Magna International Inc., in connection with litigation before the Ontario Securities Commission and the Superior Court of Ontario arising from the elimination by Magna of its dual-class share structure and the creation by Magna of a single class of equity securities by way of a plan of arrangement.

Commissioner of Competition

Acted for the Commissioner of Competition, the Head of the Canadian Competition Bureau, in the first challenge ever brought under the civil price maintenance provisions of the Competition Act alleging that the merchant rules of Visa and MasterCard are unlawful. This is one of the most significant proceedings to be brought before the Competition Tribunal in recent years, and resulted in a lengthy trial before the Tribunal.

Fido Solutions Inc.

Acted for Fido Solutions Inc. in the Superior Court of Ontario and Ontario Court of Appeal in defending successfully a $160-million claim commenced against it by Unique Broadband Wireless Services, Inc. relating to an alleged breach of contract, breach of confidence and breach of fiduciary duty.

General Motors of Canada Limited

Acted for General Motors of Canada Limited in defending successfully claims asserted against it for approximately $1 billion in a class action before the Ontario Superior Court on behalf of approximately 180 former dealers of GMCL who were eliminated from GMCL's dealer network during the restructuring of the company in 2009. This case resulted in a lengthy trial in the Ontario Superior Court and appeals to the Ontario Court of Appeal. All claims asserted against GMCL were dismissed by the trial judge. The Ontario Court of Appeal upheld the trial judge's decision dismissing all claims against GMCL. This has been described by legal commentators as "one of the highest profile cases in Canadian franchise history".

General Motors of Canada Limited

Acted for General Motors of Canada in defending claims asserted against it in the Ontario Superior Court of Justice for approximately $250 million by approximately 20 Buick GMC dealers who were retained by GMCL following the restructuring of the company in 2009. The claims asserted were resolved consensually on the eve of trial.

General Motors of Canada Limited

Acted for General Motors of Canada Limited in defending claims asserted against it in the Ontario Superior Court for approximately $400 million by approximately 20 dealers in the Toronto area arising from changing market conditions in the period following the restructuring of GMCL in 2009.

HudBay Minerals Inc.

Acted for Jaguar Financial Corporation, a shareholder of HudBay Minerals Inc., in its successful and precedent-setting application to the Ontario Securities Commission to set aside a decision of the Listing Committee of the Toronto Stock Exchange and compel HudBay to obtain shareholder approval in respect of HudBay's proposed $550-million acquisition of Lundin Mining Corporation. This case led to the termination of the proposed transaction and ultimately to the removal from office of members of the Board of Directors of HudBay.

Kemira Chemicals Canada Inc.

Acted for Kemira Chemicals Canada Inc. in its defence of multiple class actions across Canada alleging a price fixing conspiracy in respect of hydrogen peroxide.

Liquor Control Board of Ontario

Acted for the Liquor Control Board of Ontario in defending claims asserted against it for approximately $1.5 billion in antitrust class action proceedings pending in the Ontario Superior Court against the LCBO, Brewers Retail Inc. and a number of major brewers. In March 2018, Justice Perell of the Ontario Superior Court granted summary judgment dismissing all claims asserted against the LCBO and the other defendants. The decision of Justice Perell granting summary judgment in favour of the LCBO was affirmed by the Ontario Court of Appeal in April 2019.

Eugene Melnyk

Acted for Eugene Melnyk, the founder of Biovail and the owner of the Ottawa Senators, in defending enforcement proceedings before the Ontario Securities Commission arising from an "earnings warning" issued by Biovail in 2003. This case resulted in a lengthy trial before the OSC, following which many of the allegations made against Mr. Melnyk were dismissed.

MI Developments Inc.

Acted for a subsidiary of Magna International Inc. in defending successfully a precedent-setting oppression application brought against it before the Ontario Superior Court by Greenlight Capital Corporation and its founder, David Einhorn. Magna prevailed at trial, as well as on appeal in the Divisional Court of Ontario and Ontario Court of Appeal.

MI Developments, Inc.

Acted for MI Developments, Inc. (MID) in its successful defence of applications made by minority shareholders of MID to the Ontario Securities Commission by seeking orders denying MID the use of various securities law exemptions and seeking to require MID to obtain minority shareholder approval before proceeding with proposed related party transactions with Magna Entertainment Corp.

National Hockey League

Acted for the National Hockey League and a number of teams in defending dozens of arbitrations in the United States and Canada involving the National Hockey League Players Association.

Nevsun Resources Ltd.

Acted for Nevsun Resources Limited in defending cross-border securities class actions in Canada and the United States. This litigation was resolved successfully following mediations in New York and Los Angeles.

Ontario Lottery and Gaming Corporation

Successfully acted for the Ontario Lottery and Gaming Corporation in a judicial review application concerning the selection process for an operator of the Niagara gaming bundle. This litigation arose out of the Ontario Provincial Government's modernization of gaming in Ontario. The City of Niagara and Region of Niagara had alleged that they had been given insufficient input and/or control over the selection process.

Ontario Securities Commission

Acted as counsel to the Chairman and Enforcement Branch of the Ontario Securities Commission in connection with enforcement proceedings against a number of the senior officers and directors of Research in Motion concerning a stock option backdating scheme. This case resulted in the imposition of some of the most severe sanctions ever levied in enforcement proceedings by Securities Commissions in Canada.

Osprey Media Income Fund

Acted for Osprey Media Income Fund in defending successfully takeover bid litigation in the Superior Court of Ontario concerning competing bids for Osprey by Quebecor and Black Press. This transaction was valued at approximately $600 million.

Patheon Inc.

Acted for the Special Committee of Patheon Inc. in defending successfully at trial claims of unlawful proxy solicitation made by JLL Partners Inc. in connection with its hostile bid for Patheon. This is now one of the leading cases in Canada in the area of proxy solicitation.

Pershing Square Capital Management, L.P.

Acted for Pershing Square Capital Management, L.P. and other shareholders in trial and appellate proceedings before the Ontario Securities Commission, Ontario Divisional Court and Ontario Court of Appeal concerning a coercive insider bid for Sears Canada Ltd. made by its controlling shareholder, Sears Holdings. Pershing Square prevailed before the OSC, as well as in the Divisional Court and Court of Appeal.

Potash Corporation of Saskatchewan

Acted for Potash Corporation of Saskatchewan in prosecuting complex commercial claims before the Courts of Saskatchewan. This was a multi-billion dollar dispute over the ownership of potash reserves in the world's largest potash mine in Esterhazy, Saskatchewan, and gave rise to more than 100 days of discovery, numerous interlocutory motions as well as an appeal to the Saskatchewan Court of Appeal. This case was settled shortly before the commencement of a lengthy trial in Saskatoon.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in opposing successfully a widely publicized Application for injunctive relief brought by indigenous leader Douglas Cardinal that, if granted, would have had the effect of preventing Rogers from broadcasting any Major League Baseball game involving The Cleveland Indians, including the American League Championship Series against The Toronto Blue Jays and The World Series against The Chicago Cubs. Cardinal objected to the use by Cleveland of the team's name and logo. His Application was dismissed from the bench by the Honourable Mr. Justice McKeown of the Ontario Superior Court in October 2016.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in connection with its successful defence in closely watched misleading advertising proceedings in the Ontario Superior Court brought by the Commissioner of Competition. The case concerned comparative performance-based advertising used by Rogers in connection with its launch in 2010 of Rogers' Chatr brand. This case gave rise to a lengthy trial fought over many weeks, and involved complex expert evidence concerning the testing and operation of wireless networks as well as constitutional challenges to the misleading advertising provisions of the Competition Act.

Rogers Communications Inc.

Acting for Rogers Communications Inc. in connection with numerous multi-billion dollar class action proceedings across Canada to recover "system access fees" charged to consumers by wireless service providers in Canada in the period since 1987. These are some of the largest class actions in Canadian history and have given rise to numerous trial level and appellate decisions in favour of Rogers in various provinces in Canada, including Saskatchewan, Manitoba, Québec, Nova Scotia, Alberta and British Columbia.

Rogers Communications Inc.

Acted for Rogers Communications Inc. in defending successfully a consumer class action seeking damages of more than $100 million alleging, among other things, that certain cable services of Rogers were not made available as advertised.

Rogers Communications Inc.

Acting for Rogers Wireless Inc., Fido Solutions Inc. and other Rogers and Fido companies in their defence of a proposed national class action in the courts of Saskatchewan in respect of 911 fees charged by wireless service providers.

Robert Schad and Athena Automation Limited

Acted for Robert Schad and his company Athena Automation Limited in defending successfully a series of claims asserted against them for damages and injunctive relief arising from their alleged misuse of confidential information and the breach by Mr. Schad of his non-compete and non-solicitation obligations owed to Husky Injection Molding Systems Limited, a company founded by Mr. Schad half a century ago. All claims asserted by Husky against Mr. Schad and Athena in this "bet the company" case were dismissed by Justice Newbould of the Ontario Superior Court in April 2016, following a lengthy trial in the Commercial List.

Royal Group, Inc.

Acted for Royal Group, Inc. in its successful defence of a wrongful dismissal action commenced by its former Chief Financial Officer. The action was dismissed by Justice Myers of the Ontario Superior Court of Justice in July 2017, following a three-week trial in the Commercial List. Royal Group prevailed on every issue, proving that the Plaintiff's role in certain related party transactions gave rise to cause for dismissal notwithstanding that the Plaintiff had previously been acquitted of criminal charges brought against him in respect of those transactions.

Sears Canada Inc.

Acted for Sears Canada Inc. in defending claims for approximately $100 million asserted against it by Canadian Premier Life Insurance Company arising from the termination of arrangements between the parties. This case was settled on the eve of trial in the Supreme Court of Ontario.

SONY BMG Music (Canada) Inc.

Acted for Sony BMG Music (Canada) Inc. in the successful defence of a national class action brought against Sony in the Ontario Superior Court concerning music copy protection software contained in CDs that were produced, marketed and sold by Sony.

Frank Stronach

Currently acting for Frank Stronach in pursuing a series of claims in the Ontario Superior Court pertaining to the administration and operation of a series of interlocking trusts, companies and other entities that comprise The Stronach Group which owns and operates a sizeable agricultural business as well as racehorse breeding operations, racetracks, online betting and other gaming operations in Canada, the United States and Europe.

Syndicate of underwriters

Acted for a syndicate of underwriters in defending a securities class action in the Superior Court of Ontario arising from the IPO of Zungui Haixi Corporation, a China-based issuer.

TransAlta Corporation

Acted for TransAlta Corporation in defending successfully "public interest" proceedings initiated against TransAlta by Mangrove Partners before the Ontario Securities Commission and Alberta Securities Commission in respect of the election of Directors of TransAlta at its Annual Meeting on April 26, 2019, and concerning a $750 million financing transaction entered into between TransAlta and Brookfield Renewable Partners.

Vale Canada Limited

Acted for Vale Canada Limited and its affiliates in defending contractual claims before the Supreme Court of Newfoundland and Labrador in an amount of almost $500 million that were asserted by the Plaintiff under an Option Agreement pertaining to the Voisey's Bay Nickel Project. This case was settled in September, 2018, at the end of the first week of a four month trial that would have involved dozens of lay and expert witnesses. This was the first "hybrid trial" and first electronic trial ever conducted in the Province of Newfoundland and Labrador.

Bruce Walter

Acted for Bruce Walter, a senior Canadian mining executive, in defending successfully enforcement proceedings brought against him by Staff of the Ontario Securities Commission in connection with a takeover bid for a public mining company. Every allegation made against Mr. Walter was rejected by the Ontario Securities Commission following a lengthy trial.

West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully claims asserted against it by The Catalyst Capital Inc. for more than $500 million arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. at a profit of approximately $1.3 billion. Every claim asserted by Catalyst against West Face was dismissed by Justice Newbould of the Superior Court of Ontario in August 2016, following the conclusion of a closely watched trial in the Commercial List. In February 2018, the Ontario Court of Appeal dismissed from the bench Catalyst's appeal from the decision of Justice Newbould.

West Face Capital Inc.

Acted for West Face Capital Inc. in defending successfully against a second claim asserted against it by The Catalyst Capital Inc., this time for more than $1.3 billion, arising from the participation by West Face in the purchase and subsequent sale of Wind Mobile Inc. On April 18, 2018, Justice Hainey of the Ontario Superior Court of Justice determined that this second claim was essentially an attempt to re-litigate the same facts and issues that had previously been decided by Justice Newbould in the first such claim between Catalyst and West Face. As such, Justice Hainey dismissed the claim as against West Face, and all of the other defendants, as an abuse of process. Catalyst's appeal from the Order of Justice Hainey dismissing this action as an abuse of process was dismissed by the Ontario Court of Appeal in early May 2019.

Xstrata plc

Acted for Xstrata plc in complex takeover bid litigation, including in contested hearings at the Ontario Securities Commission associated with Xstrata's hostile $22-billion takeover bid for Falconbridge Inc. Xstrata succeeded in its efforts to cease trade the Shareholders Rights Plan of Falconbridge. As a result, Xstrata was able to proceed with its hostile bid, which was accepted by the shareholders of Falconbridge. This was at the time, and remains, one of the largest takeover bids in Canadian history.

Speaking Engagement

Panelist, The Advocates’ Society, Trial Advocacy in Action: The Rosenberg Spy Case, “The Art of Cross-Examination”; Toronto, ON

Sept. 10, 2019

Speaking Engagement

Faculty, The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2019, “Demonstration & Discussion: What Category of Expert Is Your Opponent Calling And Why Does It Matter?”; Toronto, ON

Apr. 24, 2019

Speaking Engagement

Faculty and panelist, Osgoode Professional Development, 16th National Symposium on Class Actions, “The Kings of Comity: When Should a Class Action Court Defer to a Case in Another Jurisdiction?”; Toronto, ON

Apr. 04, 2019

Speaking Engagement

University of Toronto, Faculty of Law, “Perspectives in Class Actions in Canada”; Toronto, ON

Apr. 03, 2019

Speaking Engagement

Queen’s University, Faculty of Law, “The Future of Corporate Litigation”; Kingston, ON

Feb. 04, 2019

Speaking Engagement

Faculty, The Advocates’ Society, Alternative Dispute Resolution Skills Certificate, “ADR Advocacy: Advanced Techniques”; Toronto, ON

Dec. 11, 2018

Speaking Engagement

Co-Chair, The Advocates’ Society, Civil Litigation Skills Certificate Program, “Evidence for Litigators”; Toronto, ON

Nov. 29, 2018

Speaking Engagement

Law Society of Ontario, Securities Law Update, “Securities Litigation Update”; Toronto, ON

Nov. 14, 2018

American College of Trial Lawyers—Fellow

International Society of Barristers—Fellow

International Academy of Trial Lawyers—Fellow

Expert Guides’ Best of the Best—Top 30 Litigators Worldwide

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 50 Trial Lawyers in Canada (2017-2019)

Chambers Global: The World’s Leading Lawyers for Business—Dispute Resolution (Band 1); Dispute Resolution: Class Action (Defence)

Chambers Canada: Canada’s Leading Lawyers for Business—Dispute Resolution: Class Action (Defence) (Band 1); Litigation, General Commercial: Ontario (Band 1); Litigation, Securities: Ontario

Chambers Canada Award—Litigation Firm of the Year (2018)

Chambers Canada: Canada’s Leading Lawyers for Business—Litigation, General Commercial Department: Ontario (Band 1)

The Legal 500 Canada—Dispute Resolution: Ontario (Leading Lawyer)

The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Class Actions; Litigation: Corporate Commercial; Litigation: Directors’ & Officers’ Liability; Litigation: Securities

Lexpert Guide to US/Canada Cross-Border Lawyers in Canada—Dispute Resolution

Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Competition Law; Corporate Commercial Litigation; Class Actions; Securities Litigation

Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada—Competition Law

Report on Business/Lexpert Special Edition Canada’s Leading Litigation Lawyers

Lexpert Special Edition Leading Canadian Lawyers in Global Mining

The Canadian Legal Lexpert Directory—Class Actions (Most Frequently Recommended); Litigation: Corporate Commercial (Most Frequently Recommended); Litigation: Directors’ & Officers’ Liability (Most Frequently Recommended); Litigation: Securities (Most Frequently Recommended); Competition Law

Expert Guides—Competition and Antitrust; Litigation

The Best Lawyers in Canada—Lawyer of the Year, Class Action Litigation (Toronto, 2020)

The Best Lawyers in Canada—Competition/Antitrust Law Lawyer of the Year (2013)

The Best Lawyers in Canada—Bet-the-Company Litigation; Class Action Litigation; Competition/Antitrust Law (Litigation); Corporate and Commercial Litigation; Securities Law

Global Competition Review’s The International Who’s Who of Competition Lawyers and Economists

Who’s Who Legal: Litigation; Who’s Who Legal: Canada—Commercial Litigation; Competition

Benchmark Canada Impact Case of the Year Award (2017, 2019)—Recipient

Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys—Top 25 Trial Lawyers in Canada; Class Action (Litigation Star); General Commercial Litigation (Litigation Star); Competition Law (Litigation Star); Securities (Litigation Star)

Martindale-Hubbell—AV Preeminent: highest ranking for legal ability and integrity

Bar Admissions

Ontario, 1984

Education

Queen’s University, LLB, 1982
Queen’s University, BA (with Distinction), 1979

Professional Affiliations

American College of Trial Lawyers, Fellow
International Society of Barristers, Fellow
International Academy of Trial Lawyers, Fellow
The Advocates’ Society

Board Memberships

The Advocates’ Society, former Director

Community Involvement

American College of Trial Lawyers, current Vice-Chair of the General Committee on Judicial Independence; former Vice-Chair and Chair of the Judiciary Committee; Vice Chair and Chair of the Special Problems in the Administration of Justice Committee for Canada; Member of the Ontario Province Committee; Member of the American College Task Force on Judicial Independence; Principal author of the Report of the American College entitled “Working Smarter But Not Harder in Canada: The Development of a Unified Approach to Case Management in Civil Litigation” (2016)
Member of Chief Justice Strathy’s Task Force concerning improvements to case management in civil cases in Ontario
Queen’s University Faculty of Law, Advisory Council, former member
The Canadian Institute, Commercial & Business Litigation Review, Associate Editor
Various community, school-related and charitable activities
Coach of numerous children’s hockey, soccer and baseball teams

Teaching Engagements

Kent has been asked to deliver presentations on a wide variety of litigation-related topics, including in Canada, the United States, Mexico and the Cayman Islands. He has taught trial and appellate advocacy programs in Canada and the United States, and appeared as a guest lecturer at Queen’s University, York University, the University of Toronto and the University of Western Ontario.