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 has proven himself to be an exceptional advocate, a strong project manager, and a trusted advisor who gives practical advice in the face of complex issues." — Client
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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Lundin Mining Corporation v Dov Markowich
Counsel to the intervenor, CFA Societies Canada, at the Supreme Court of Canada in a matter that considers the definition of “material change” under the Securities Act.
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Counsel to the applicant, EY, in successfully obtaining an order for the repayment of stolen funds, fraudulently obtained by way of a sophisticated cyberfraud scheme.
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Bluemoon Capital Ltd v Ceridian HCM Holding Inc et al
Counsel to applicant in Norwich application seeking information relating to the acquisition of Lifeworks.
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Counsel to investor in arbitration regarding oppression and dissent claims.
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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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The Advocates' Society - Member-at-Large of the Commercial Litigation Practice Group (2021-2022); 10+ Standing Committee Member (2019-2021)
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Securities Proceedings Advisory Committee
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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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Trials on Trial: A New Vision for Adjudication in Ontario
If the Civil Rules Review Working Group’s proposals for reforms to the Rules of Civil Procedure (summarized here) are adopted, trial practice in Ontario will undergo significant changes. Key aspects of those proposed reforms include:
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Canada’s federal structure means national class actions naturally raise potential constitutional questions. Those questions become potentially more thorny where a class action is pursued not on behalf of individuals across multiple provinces and territories, but instead provincial and territorial governments themselves. The Supreme Court’s recent decision in Sanis Health Inc v British Columbia addressed many of those concerns and ultimately defined a broad scope for national class proceedings, including where a proposed class includes other provincial or territorial governments.
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Aroma of Controversy: Stirring Up Arbitrator Disclosure Duties
The Ontario Court of Appeal’s decision in Aroma Franchise Company Inc v Aroma Espresso Bar Canada Inc has reshaped the disclosure obligations of... -
As widely reported by the likes of CBC, the Guardian, the Verge and CNBC, OpenAI has indicated they will “pause” the use of their AI-generated voice after users (and Scarlett Johansson herself) noted the striking similarity to Scarlett Johansson's voice from the film “Her”. This connection may have been intentional, OpenAI’s CEO, Sam Altman, posted a one-word message – “her” – on his social media on the day the AI-generated voice was unveiled.
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Bars or Bytes? Exploring the Implications of a Track that Drake Might (or Might Not) Have Created
Did Drake respond to an alleged feud with fellow artists, including Kendrick Lamar and Rick Ross? As reported by the LA Times, a track titled ‘Push Ups (Drop and Give Me 50)’ appeared online recently, taking aim at Lamar and several of his recent musical collaborators. However, this track remained unclaimed on any of Drake’s official platforms, causing some to question whether this track was fan-generated using artificial intelligence. This cynicism may be justified: Drake is reportedly no stranger to having to denounce fan-generated songs, and Lamar’s rumoured response was actually the work of artificial intelligence and another rapper.
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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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2025 Lexpert Directory Highlights Lenczner Slaght’s Excellence in Advocacy
Peers and senior members of the legal profession across the country continue to recognize the depth and breadth of Canada’s leading litigation firm in the latest 2025 Canadian Legal Lexpert Directory.
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Lenczner Slaght’s 24th Year at the Centre of the Lexpert Bull’s Eye
The 2025 edition of Lexpert's Leading 500 Cross-Border Lawyers: A Guide to Doing Business in Canada continues to recognize Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation.
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Brian Kolenda was interviewed by Global TV News, where he shared his expert insights on the Supreme Court's decision allowing other provinces and the federal government to join British Columbia's class action lawsuit against pharmaceutical companies that manufacture opioids.
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Legal Experts on the Biggest Class Action Trends in Canada
In Lexpert’s Special Edition on Litigation, Brian Kolenda was interviewed for an article feature on class actions. Brian provided his expert insights on the trends and developments that have reshaped the class action landscape in Canada over the past year.
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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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Lenczner Slaght Recognized as a Leading Litigation Firm in Legal 500 Canada
Canada’s leading litigation firm has reaffirmed its Tier 1 ranking in Dispute Resolution in Legal 500 Canada.
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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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2024 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2024 Snapshot, which highlights the most significant developments, decisions, and trends in litigation from the past year across 20 areas of expertise. Reflect on 2024 and look ahead to 2025 through the lens of our expert litigators.
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14th Annual Securities Symposium
Brian Kolenda was invited to share his expertise at The Advocates’ Society’s Annual Securities Symposium on new developments and emerging issues in securities litigation. Brian presented on the panel “Emerging Trends in Shareholder Activism and ESG Litigation”.
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2023 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2023 Snapshot, a look at the most significant developments, decisions, business takeaways, and trends in litigation from the last year, across 15 practice areas. Revisit 2023 and look ahead to 2024 through the lens of our expert litigators.
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Monique Jilesen and Brian Kolenda shared their expertise at The Advocates' Society's annual program on Class Actions Advocacy, co-chaired by Jonathan Chen. The program offered the latest developments, comparative legislation, and multi-jurisdictional challenges in class actions. Monique presented on "Cross Examination of Experts: Advanced Skills," while Brian presented on "Lightning Round: Case Law Updates in Class Actions Litigation".
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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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Shutting Off the Tap: When Can (and Should) Suppliers Seek to Cut Off Post-Filing Supply?
Brian Kolenda and Christopher Yung co-authored the article "Shutting Off the Tap: When Can (and Should) Suppliers Seek to Cut Off Post-Filing Supply?", published in the 19th Annual Review of Insolvency Law.
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Lexpert Rising Stars (2022)
Leading Lawyers Under 40
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Best Lawyers in Canada (2022-2025)
Corporate & Commercial Litigation, Defamation & Media Law, Securities Law
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Borden Ladner Gervais Professional Excellence Award (2010)
Queen's University
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Canadian Legal Lexpert® Directory (2019-2025)
Class Actions, Litigation - Corporate Commercial, Litigation - Directors' & Officers' Liability, Litigation - Securities, Professional Liability (2019)
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Chambers Canada (2025)
Litigation: Securities (Ontario)
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Dan Soberman Outstanding Young Alumni Award (2018)
Queen's University
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Lexology Index: Commercial Litigation (2018-2025)
Future Leader
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Lexpert Guide to the Leading 500 Cross-Border Lawyers in Canada (2025)
Corporate Commercial Litigation
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Lexpert Special Edition: Canada's Leading Insolvency and Restructuring Lawyers (2024)
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2023-2024)
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