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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Counsel for Canopy Growth Corporation in an insolvency of PharmHouse Inc., a cannabis greenhouse joint venture.
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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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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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Healthy Body Services Inc v Raytek Communications
Counsel to the plaintiff in the trial and appeal of an action to recover proceeds of fraud alleged to have been knowingly received from a convicted fraudster.
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Counsel to a purchaser in a successful proceeding to oppose a Construction Lien Act Trustee’s attempt to disclaim several agreements of purchase and sale.
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In the Matter of Benedict Cheng et al
Counsel to the respondent in Ontario Securities Commission proceedings alleging tipping in an insider trading matter. The proceedings were resolved by way of settlement.
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Kalra v Mercedes Benz-Canada Inc
Counsel to the plaintiff in a certified class action related to emissions technology.
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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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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 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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Lenczner Slaght Litigators Ranked Among Best Lawyers in Canada
In the latest edition of Best Lawyers in Canada, 37 of our expert litigators are recognized for their expertise across 25 practice areas.
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The 2021 Lexpert Directory Recognizes 30 Lenczner Slaght Lawyers
An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.
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In a recent Globe and Mail article, Matthew Lerner and Brian Kolenda are quoted regarding their involvement in litigation between Zurich Insurance and Bondfield and Toronto’s St. Michael’s Hospital.
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Lenczner Slaght Litigators Elected to The Advocates’ Society’s Leadership
We are pleased to announce that Anne Posno, Nina Bombier and Shara Roy have been elected to prominent executive positions at The Advocates’ Society, a preeminent organization dedicated to promoting effective advocacy and access to justice. Peter J. Osborne, Brian Kolenda, and Chris Kinnear Hunter will also be continuing their terms in their leadership positions.
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Lexpert Highlights Lenczner Slaght’s Professional Excellence
Lenczner Slaght’s litigators continue to be recognized by their peers as the foremost practitioners in their fields.
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Lenczner Slaght’s R&R Lounge Receives Precedent Innovation Award
Precedent Magazine recognizes Lenczner Slaght’s R&R Lounge among the innovative people, projects and ideas that are actively improving the legal profession.
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The 2019 Lexpert Directory Recognizes Lenczner Slaght with 89 Rankings
An increasing number of our expert litigators are recognized by their peers as the foremost practitioners in their fields.
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Who’s Who Legal Recognizes Lenczner Slaght’s Litigation Dominance
Eight Lenczner Slaght lawyers are recognized globally for their superb litigation expertise.
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Queen’s Law Celebrates Brian Kolenda
Brian Kolenda was recognized by his alma mater as a rising star among Canadian trial lawyers.
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The Litigator’s Guide To the Business of Law
Brian Kolenda is co-chairing The Advocates' Society program titled "The Litigator’s Guide To the Business of Law". The program will help guide mid-career litigators who are new to department leadership or are looking to enter into this role. Monique Jilesen will attend and share 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
Shara Roy was a co-chair and 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. -
Act fast to lift automatic stay of proceedings
Brian Kolenda authored the article Act fast to lift automatic stay of proceedings which examines Bank of Montreal v Bumper Development Corp for the... - Brian Kolenda's article appears in the May 1, 2015 issue of the Lawyers Weekly published by Lexis Nexis Canada Inc. This article discusses the decision in...
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Best Lawyers in Canada (2022)
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 (2019-2021)
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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Who's Who Legal: Litigation (2018-2020)
Future Leader