Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- University of Toronto (2003) JD (Honours Standing)
- McGill University BA (Honours - History)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Dena N. Varah (she/her)
Dena's practice has broad scope, encompassing corporate and commercial litigation, shareholder disputes and oppression claims, contract issues, professional negligence cases, employment/wrongful dismissal matters and administrative and insurance law. She has often appeared in the Ontario Superior Court of Justice and the Ontario Court of Appeal, as well as before administrative tribunals and in private arbitrations. She clerked for the judges of the Court of Appeal before joining Lenczner Slaght.
Dena has taught in continuing legal education programs presented by the Law Society of Ontario, The Advocates' Society and the Ontario Bar Association. She is also co-chair at the University of Toronto Academic Tribunal.
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WSIB Investments (Infrastructure) Pooled Fund Trust et al v Plenary Group (Canada) Ltd. et al
Successful trial counsel to two employee pension and injured workers funds in a breach of fiduciary duty and breach of contract claim with a manager of public infrastructure projects.
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Long Lake #58 First Nation v The Department of Fisheries and Oceans and Greenstone Gold Mines GP Inc
Counsel to Long Lake #58 First Nation in a judicial review of decisions of the Department of Fisheries and Oceans, which relates to among other things, environmental issues and alleged breaches of the duty to consult.
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Phyxiat Courier v Liquor Control Board of Ontario and Trillium Supply Chain Inc
Counsel to a defendant concerning a dispute alleging negligence in supply chain management.
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Counsel to the successful Defendant, Tecumseh, at trial for manufacturer of electric motors in product liability action.
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Counsel to the Respondent real estate information software company in successfully opposing a former executive’s application for breach of contract in respect of the exercise of disputed stock options.
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Re Investment Management Corporation of Ontario
Trial counsel to IMCO in a breach of contract claim with manager of public infrastructure projects.
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Orefinders Resources Inc. v Mistango River Resources Inc.
Counsel to the successful minority dissident corporate shareholder in various court applications involving a contested proxy battle.
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McCabe v Roman Catholic Episcopal Corporation
Counsel to the successful respondent before the Ontario Court of Appeal.
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Schives v Stewart Title Guaranty Company
Counsel to the defendant title insurer in a successful summary judgment motion arising from the applicability of the exclusion provisions of the insurance policy.
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Counsel to plaintiff University in a successful trial of an action arising from fraud by senior university executives in connection with construction and maintenance work.
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The Advocates' Society
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Canadian Bar Association
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Ontario Bar Association
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Severing a Single Sentence: The Interplay of the Employment Standards Act and Severability Clauses
Employers sometimes rely on severability clauses—which provide that any clauses that are found to be illegal or unenforceable are severed from the agreement and that the agreement otherwise remains in effect—to hedge against the risk that clauses in employment contracts could be found to run afoul of the Employment Standards Act and be unenforceable as a whole. However, in its recent decision in North v Metaswitch Networks Corporation, the Court of Appeal for Ontario signalled that these clauses have limited effect when parties include terms in agreements that contract out of minimum employment standards.
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Personal liability in the corporate context: open-ended, unclear and expansive
The Supreme Court of Canada’s recent decision in Wilson v Alharayeri, may have far reaching implications for corporate director liability. The unanimous decision affirmed an award for compensation for oppression directly against two directors of a corporation by relying on the leading case on the issue, Budd v Gentra.
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Deference gives way to procedural fairness in PEI decision
Administrative lawyers and regulators should take note: in Swart v. College of Physicians and Surgeons of Prince Edward Island the Prince Edward Island Court of Appeal provided express guidance in the prosecution of complaints against doctors.
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Interviewed by Canadian Lawyer, Dena Varah discusses our trial success in WSIB Investments (Infrastructure) Pooled Fund Trust v Plenary Group (Canada) Ltd, a decision that reinforces foundational fiduciary duties.
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Lenczner Slaght’s Trial Lawyers Successful in $259 Million Judgment for Public Sector Funds
In WSIB Investments (Infrastructure) Pooled Fund Trust v Plenary Group (Canada) Ltd, our expert litigators were successful in obtaining a $259 million judgment in disgorgement for our clients, two employee pension and injured workers funds, against the Defendants for breach of fiduciary duty, knowing assistance, and knowing receipt. The 7-week trial before the Manitoba Court of King’s Bench was the first fully electronic trial to be completed in the province.
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Lenczner Slaght Lawyers Recognized as Canada’s Leading Litigators
Following an in-depth peer review process across the legal profession, 21 Lenczner Slaght lawyers have been recognized in the 2024 Lexpert Special Edition: Canada’s Leading Litigation Lawyers guide for their extensive courtroom experience and subject-matter expertise.
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Chambers Canada Recognizes Lenczner Slaght’s Deep Bench of Expert Litigators
Canada’s leading litigation firm continues to advance their position in the latest edition of the world-renowned directory.
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Lenczner Slaght Litigators Recognized as the Best Lawyers in Canada
In the 2025 edition of Best Lawyers in Canada, Lenczner Slaght is proud to receive 168 total rankings, with 45 of our expert litigators recognized for their expertise across 25 practice areas.
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The 2024 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
Lenczner Slaght’s litigators continue to be recognized by their peers as the foremost practitioners in their fields.
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Lexpert Recognizes Lenczner Slaght’s Litigation Strength
An increasing number of our expert litigators continue to be recognized as the foremost lawyers in their fields by peers and senior members of the legal profession.
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Chambers Canada Recognizes Lenczner Slaght as a Top-Tier Litigation Firm
Canada’s leading litigation firm and its expert litigators continue to be recognized by world-renowned directory, Chambers & Partners.
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Lenczner Slaght Litigators Recognized as Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 41 of our expert litigators are recognized for their expertise across 24 practice areas. The following lawyers have also been recognized as “Lawyer of the Year” for receiving the highest overall peer-feedback in their practice areas in Toronto.
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Lenczner Slaght’s Litigation Excellence Recognized in 2023 Lexpert Directory
Following comprehensive peer review surveys and interviews with senior members in the legal profession, the 2023 Canadian Legal Lexpert Directory has recognized 31 of the firm’s expert litigators for their experience, knowledge, and precision, with 108 rankings spanning 17 practice areas.
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Examining and Cross-Examining Experts
Risa M. Kirshblum and Dena N. Varah were invited to present at The Advocates' Society's annual program on Examining and Cross-Examining Experts, which explored the ethical and practical issues relating to expert evidence, from deciding whether to retain an expert to qualifying and examining witnesses at trial.
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10th Annual Professionalism Issues for Business Lawyers
Dena N. Varah was co-chair of the OBA's 10th Annual Professionalism Issues for Business Lawyers, where expert panelists delved into emerging trends, key cases and developments on important ethical and practice management issues, and the resulting impacts to practice.
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Prosecuting and Defending Professional Discipline Cases 2022
Jaan Lilles and Dena N. Varah were invited to share their expertise at OsgoodePD's annual program on professional discipline hearings. Jaan presented on Assessing Duties and Powers, while Dena presented on Examinations, Interviews, Inquries.
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Corporate Oppression: Everything Employees Need to Know to Hold Directors to Account
Dena Varah's article Corporate Oppression: Everything Employees Need to Know to Hold Directors to Account was published by Lexpert. In this article, Dena explores the use of oppression remedy by employees against directors.
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8th Annual Professionalism Issues for Business Lawyers
Dena N. Varah presented at the OBA's 8th Annual Professionalism Issues for Business Lawyers program. Dena shared her expertise on the panel "From Shareholder Primacy to Stakeholder Governance? Implications for Directors' Duties and the Oppression Remedy".
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Ideas and Concrete Actions for Advancing Access, Equality, and Inclusion in Today’s Legal Profession
Dena N. Varah spoke at the inaugural Canadian Law Awards. Dena's panel discussed Ideas and Concrete Actions for Advancing Access, Equality, and Inclusion in Today’s Legal Profession.
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Litigating From Home: Managing Teams Remotely
Dena N. Varah spoke at The Advocates' Society's program Litigating From Home: Managing Teams Remotely. The panel discussed best practices for managing and motivating a team remotely.
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40th Annual Intensive Trial Advocacy Workshop
Risa Kirshblum, Monique Jilesen, Shara Roy, and Dena Varah taught at Osgoode Professional Development's 40th Annual Intensive Trial Advocacy Workshop on July 7-13, 2019.
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Litigating Complicated Medical Negligence Claims
Dena N. Varah presented at the Ontario Bar Association's program Litigating Complicated Medical Negligence Claims on the panel "Dealing with Experts". She shared her expertise on the standard of care and causation, advocacy, strategic planning, complying with ethical rules, draft reports, and bullet-proof expert opinions.
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Commercial Litigation PG: Diversity & Inclusion Breakfast
Dena Varah spoke at the Advocates' Society D&I Breakfast. The panel discussed the challenges of of balancing a litigation practice and parenting commitments.
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Benchmark Canada (2018-2024)
Litigation Star - Class Action, Commercial, Insurance, Securities
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Benchmark Litigation (2017-2019)
Under 40 Hotlist
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Best Lawyers in Canada (2014-2025)
Corporate & Commercial Litigation, Health Care Law, Medical Negligence
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Canadian Legal Lexpert® Directory (2017-2024)
Litigation - Corporate Commercial, Medical Negligence, Professional Liability
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Chambers Canada (2023-2025)
Healthcare: Contentious (Nationwide – Canada)
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Gale Cup Moot
Winner
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2023-2024)
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McCarthy Tetrault National Award for Academic Excellence