Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Queen's University (2010) JD (Dean's Honours List)
- Queen's International Study Centre (UK) (2008) Certificate in Public International Law (Dean's Honours List)
- University of Toronto (2007) BA (Honours - International Relations and Economics)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Brian Kolenda
is a partner at Lenczner Slaght.
Brian’s civil litigation practice includes a wide range of disputes, from complex business disputes to civil fraud and from professional negligence to defamation. His clients have included Canadian and foreign public and private companies (large and small), professionals (doctors, lawyers, auditors, accountants and securities professionals), non-governmental bodies, governments and regulators. He has a particular interest in cases involving fraud, securities and complex financial instruments.
Brian has experience prosecuting and defending claims at trial and on appeal. He has appeared before the Court of Appeal for Ontario, the Ontario Superior Court of Justice and the Federal Court as well as administrative tribunals.
A top student at Queen’s Law, Brian was the Editor-in-Chief of the Queen's Law Journal and earned two major academic awards and prizes for the highest standing in several courses. Brian was a member of the Queen’s Law Jessup International Law moot team and now coaches the Queen’s Law Ontario Trial Lawyers’ Association Moot team. He also regularly acts as a judge at the Jessup moot and teaches international law in the Department of Political Science at the University of Toronto.
For many years, Brian was among the firm's lawyers who assisted the Legal Aid Ontario's Refugee Law Office on behalf of clients seeking emergency stays of deportation.
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Urban Mechanical Contracting Ltd et al v Zurich Insurance Company Ltd
Counsel to Zurich in an appeal from several applications brought by the lenders and subcontractors on the St. Michael’s Hospital Redevelopment Project in Toronto. The lenders and subcontractors sought to prevent Zurich from seeking rescission of surety bonds worth nearly $300 million in a separate action. The Court of Appeal dismissed the appeal, allowing Zurich to continue with its action for rescission.
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Counsel to York University in judgment enforcement proceedings arising from a multi-million dollar fraud against the University. Most recently, successfully resisted an application by a judgment debtor which sought to drawn down equity in assets available to York for enforcement purposes.
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Counsel for Canopy Growth Corporation in an insolvency of PharmHouse Inc., a cannabis greenhouse joint venture.
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Defence of a product liability action including allegation of negligent design and manufacture of a multi-million-dollar electric arc furnace.
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Industrial Alliance Securities Inc v Kunicyn
Counsel to an investment advisor in an employment dispute arising from a regulatory investigation.
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Counsel to the defendant (plaintiff by counterclaim), Sof Surfaces Inc., in a bet-the-company commercial and intellectual property litigation, involving claims of trademark infringement and unfair competition claims under the Trademark Act and Competition Act and common law.
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Fiera Private Debt Inc et al v Private Debt Partners et al
Counsel to the defendants (plaintiffs by counterclaim) in an action alleging conspiracy and breach of fiduciary duties by former employees of a company. The counterclaim alleges that the plaintiffs have engaged in constructive dismissal and promulgated defamatory comments.
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Counsel to Zurich in an action to rescind surety bonds worth nearly $300 million, and to recover over $68 million, due to collusion and misrepresentations in the bidding process for the St. Michael’s Hospital Redevelopment Project in Toronto.
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Counsel to the defendant accounting firm in a claim alleging negligence and breach of trust against a former partner of the firm.
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Counsel to the plaintiff in a certified class action related to timing chain tensioners.
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The Advocates' Society - Member-at-Large of the Commercial Litigation Practice Group, +10 Standing Committee Member
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OTLA Trial Advocacy Moot, Queen's University - Coach
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Canadian Bar Association
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Ontario Bar Association
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University of Toronto - Sessional Lecturer (Department of Political Science) - International Law (Former)
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Annual Review of Insolvency Law Virtual Conference: 2022
On February 4, 2022, CAIRP held its 19th Annual Review of Insolvency Law. The conference brought together insolvency law practitioners from across Canada for a showcase of papers authored for the latest edition of the Annual Review of Insolvency Law publication. The journal itself is now available in full on CanLII. Each panel was anchored by an ARIL paper whose author(s) led spirited discussions on contested topics important to the future of the insolvency practice.
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There’s No Business Like Show Business: Cineplex Awarded $1.24 Billion in Busted Deal Lawsuit
At the outbreak of the COVID-19 pandemic, a buyer of any business, particularly a theater operation heavily affected by public health restrictions, might understandably ask themselves; “Can I walk away from the deal?”
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In its February 28, 2020 decision, Nevsun Resources Ltd v Araya, the Supreme Court of Canada allowed a claim by three Eritrean citizens against a British Columbia corporation operating in Eritrea to proceed. Canadian (and international) corporations with international operations in high risk jurisdictions should take note.
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Breach of privacy or plain old defamation? Ontario Court recognizes “false light” privacy tort
In the late 2019 decision in V.M.Y. v S.H.G., Justice Kristjanson of the Ontario Superior Court of Justice for the first time recognized the tort of “publicity placing a person in a false light” in Canadian law. But do we need yet another invasion of privacy tort?
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LCO recommendations point to meaningful change in class actions
The July 17, 2019 final report of the Law Commission of Ontario into class actions has the potential to impact significantly on the prosecution and defence of class actions in Ontario.
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Class Actions: Settling at the court’s discretion
Parties to class action settlements often settle, at least in part, to avoid the ordinary uncertainty of litigation. Courts have long emphasized that while they retain discretion to supervise payments of lawyers’ fees as part of a settlement, the settlement approval process will not entail the Court re-writing a settlement that it is not prepared to approve.
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Can you defame someone just by hitting "reply" to an email?
Pierre Lebel didn’t like that Miranda Dyck was following his daughter on Twitter. Mr. Lebel sent an email to Andre Picotte (and several others). Mr. Lebel asked Mr. Picotte to email Ms. Dyck asking that she un-follow Mr. Lebel’s daughter.
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SCC says "not yet" to further admin law reform
Yesterday’s decision from the Supreme Court of Canada in Wilson v. AECL will no doubt generate (and has already generated: e.g. here, here) significant commentary.
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Recent Decisions Create Uncertainty in State Immunity from Enforcement in Ontario
Foreign states are rarely sued in domestic courts. In Canada, that is generally so for a single, good, reason: the State Immunity Act, (“SIA”). That statute, implementing the international law doctrine of state immunity into Canadian law, grants virtually all states immunity in respect of (most) non-commercial dealings.
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The first (tentative) steps toward the application of Sattva in Ontario
The Supreme Court of Canadas decision in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva) appeared to herald a new era of deference to arbitrators: on at least ordinary questions of law, courts are now to review arbitration awards on a reasonableness standard.
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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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Brian Kolenda Named a 2022 Lexpert Rising Star
Brian Kolenda was recognized as a 2022 Lexpert Rising Star at last night’s award ceremony at the Liberty Grand in Toronto.
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Lenczner Slaght Stands Out as a “Litigation Powerhouse” in Legal 500 Canada
Canada’s leading litigation firm is once again ranked in Tier 1 for Dispute Resolution by Legal 500 Canada.
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Lenczner Slaght Litigators Recognized Among the Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 39 of our expert litigators are recognized by their peers for their expertise across 24 practice areas.
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Queen’s Wins Provincial Trial Advocacy Moot
Our expert litigators, Brian Kolenda and Jonathan Chen, coached the winning team at the 2022 Ontario Trial Lawyers' Association Cup.
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The 2022 Lexpert Directory Recognizes Lenczner Slaght’s Litigation Excellence
31 of our expert litigators are recognized by their peers as the foremost practitioners across 18 fields.
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Canadian Decision Offers Roadmap on M&A Obligations During a Pandemic
In a law.com article, Eli S. Lederman and Brian Kolenda share their expert insights on the decision in Cineplex v Cineworld, which will provide clarification on where else in contracts the pandemic would impact contractual obligations.
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Mercedes-Benz Settles Canadian Diesel Emissions Class Action
Daimler AG and its Canadian and American Mercedes-Benz subsidiaries have agreed to settle a class proceeding concerning approximately 83,000 "BlueTEC" diesel vehicles in Canada. The proposed settlement provides for cash payments and other benefits to current and former owners and lessees.
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Legal 500 Highlights Lenczner Slaght’s Litigation Dominance
Legal 500 recognizes Canada’s leading litigation firm as “a regular fixture in the country’s ground-breaking contentious cases”.
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Lenczner Slaght Litigators Appointed to The Advocates’ Society’s Leadership
We are pleased to announce that Brian Kolenda, Andrew Parley, Shara Roy, Nina Bombier, Larry Thacker and Anne Posno have been elected to prominent leadership positions at The Advocates’ Society, a preeminent organization dedicated to promoting effective advocacy and access to justice.
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Canadian Contract Law: Essential Updates and Practical Analysis
Brian Kolenda was invited to share his expertise at Osgoode PD's "National Annual Symposium on Canadian Contract Law". Brian discussed Recent Developments on Good Faith in Contracts.
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The Twelve-Minute Civil Litigator 2022
Brian Kolenda shared his expertise at the Law Society of Ontario's annual program, "The Twelve-Minute Civil Litigator". Brian presented on Injunctive Relief in the Age of Cryptocurrency.
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Brian Kolenda shared his expertise at the 2022 ARIL Virtual Conference. He presented on the panel "To Supply or Not to Supply: What are the Questions?".
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An Evening with the Commercial Bench
Brian Kolenda co-hosted The Advocates' Society's program titled An Evening with the Commercial Bench. The program included a judicial panel discussion on recent developments in commercial matters including practical advice.
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The Litigator’s Guide To the Business of Law
Brian Kolenda co-chaired The Advocates' Society program titled "The Litigator’s Guide To the Business of Law". The program helped guide mid-career litigators who are new to department leadership or are looking to enter into this role. Monique Jilesen also attended and shared her expertise as a panelist.
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Surviving a Breakup: Dealing with Departing (and New!) Employees, Confidential Information, and IP
Sana Halwani, Monique Jilesen, Brian Kolenda, and Sarah Millar presented at the GC Forum's Q3 event on October 3.
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Eighth Annual Securities Symposium
Brian Kolenda presented at the 8th Annual Securities Symposium. Discussions included emerging issues in the securities industry such as Class Actions, Cryptocurrencies, Corruption, and Cannabis.
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Your Profession, Your Future: The Future of Media and the Law
Brian Kolenda was a program chair for The Advocates' Society's panel discussion on how to manage the media in high profile cases, how to take a... -
To Start I'll Have the Judgment, and For My Main Course, the Embassy
Brian Kolenda moderated a panel discussion on foreign sovereign immunity at the ABA Section of International Law 2017 Spring Meeting in Washington, DC... -
Home Field Advantage - How Canadian Courts Take and Impose Jurisdiction for Online Conduct
Brian Kolenda spoke at ALAI Canada's conference on how Canadian courts take and impose jurisdiction for online conduct.
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Lexpert Rising Stars (2022)
Leading Lawyers Under 40
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Best Lawyers in Canada (2022-2023)
Corporate & Commercial Litigation, Defamation & Media Law
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Borden Ladner Gervais Professional Excellence Award (2010)
Queen's University
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Canadian Legal Lexpert® Directory (2019-2023)
Class Actions, Litigation - Corporate Commercial, Professional Liability (2019)
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Dan Soberman Outstanding Young Alumni Award (2018)
Queen's University
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McCarthy Tetrault Leadership Award
Queen's University
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The Legal 500 Canada (2022-2023)
Dispute Resolution (New Generation Partner)
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Who's Who Legal: Litigation (2018-2022)
Future Leader