Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Osgoode Hall Law School (2019) JD/MBA
- McGill University (2014) BA (Joint Honours) (English & Philosophy)
Details
- Bio
- Cases
- Blog Posts
- News & Media
- Recognition
Devon R. Kapoor (he/him)
is an associate at Lenczner Slaght.
Devon provides pragmatic advice to individual and corporate clients involved in complex disputes, with a particular focus on commercial litigation. He also has experience with intellectual property and construction and infrastructure matters, as well as appeals. Devon has represented clients at the Ontario Superior Court, Court of Appeal for Ontario, and Federal Courts. He has also represented parties as interveners in appeals before the Supreme Court of Canada.
Prior to joining the firm, Devon practiced in New York for a leading US law firm, where he represented public and private companies in high-stakes commercial litigation.
He also served as a judicial law clerk to Justice Michael J. Moldaver at the Supreme Court of Canada, and Chief Justice George R. Strathy and Justice Michael H. Tulloch (as he then was) at the Court of Appeal for Ontario.
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Counsel to Musi Inc, in an action commenced by the Plaintiffs, Capitol Records, LLC and various other record label companies, alleging copyright infringement of sound recordings and circumvention of technological protection measures (TPMs) under the Canadian Copyright Act in relation to the Musi software app, which is an organizational tool for videos streamed by YouTube.
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Aphria Inc v Canada Life Assurance Company
Counsel to the intervenor, Real Property Association of Canada (REALPAC), in an important appeal to the Supreme Court of Canada addressing the obligations of commercial landlords where a tenant repudiates their lease.
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Canadian News Media Companies v OpenAI (Jurisdiction Motion)
Counsel to Canada's leading news media organizations in successfully defending against a jurisdiction motion brought by OpenAI in this complex commercial and intellectual property litigation, which sought to stay or dismiss claims of copyright infringement breach of contract and unjust enrichment on the basis that the Ontario court lacked jurisdiction. The Ontario Superior Court of Justice (Commercial List) confirmed jurisdiction over OpenAI Inc. and related entities in this AI and technology dispute, allowing our clients' claims to proceed. Read the decision here.
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Counsel for the Respondent in successfully defending a complex cross-border foreign judgment enforcement application arising from long standing, multi-jurisdictional disputes. Successfully resisted the Ontario recognition and enforcement of a number of foreign judgments obtained against the Respondent in Ukrainian and British Virgin Islands.
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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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The Foundation Assisting Canadian Talent on Recordings v The Bank of Nova Scotia
Counsel to Scotiabank in an application before the Commercial List arising from a multi-million dollar cyber-fraud that involves complex cyber-security evidence and raises significant and potentially far-reaching legal issues regarding the scope of customers' and financial institutions' obligations to prevent cyber-fraud.
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Rabinowitz v 2528061 Ontario Inc
Counsel to the successful defendant in resisting a motion to reconsider a previous decision dismissing the plaintiff’s action seeking specific performance of an agreement of purchase and sale, which was upheld on appeal.
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Canadian News Media Companies v OpenAI
Counsel to Canada’s leading news media organizations in bringing legal action against OpenAI for breach of copyright, breach of online terms of use, breach of contract, and unjust enrichment for scraping large swaths of content (millions of works) from Canadian media to help develop its artificial intelligence products, including ChatGPT.
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Sunderland v Toronto Regional Real Estate Board
Counsel to a real estate brokerage in a competition class action pertaining to an alleged conspiracy to control the price for buyer brokerage services in real estate transactions.
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Gilead Sciences, Inc et al v Pharmascience Inc
Counsel to Gilead Sciences, Inc. and Gilead Sciences Canada, Inc. in a NOC action in the Federal Court in respect of Canadian Patent Nos. 2,845,553 and 2,990,210.
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Get Your Priorities Straight: The Extent of Lienholders’ Priority Over Mortgagees
In KingSett Mortgage Corporation v Mapleview Developments Ltd, the Court of Appeal for Ontario delivered a significant ruling regarding the priority of lien claimants and building mortgagees under the Construction Act. The decision provides clarity on how to calculate the quantum of a lien claimant’s holdback where a priority dispute (a disagreement over who gets paid first from the property) arises with a mortgagee.
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Supreme Court of Canada: Exclusion Clauses Should Not Nullify the Benefit of Insurance
In Emond v Trillium Mutual Insurance Co, the Supreme Court of Canada confirmed that exclusion clauses should not be applied in a way that would nullify the insurance coverage purchased, even when the provision’s language is unambiguous.
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Canadian Courts May Set Aside Valid Arbitration Agreements to Remedy Oppression
In Tsa Corporation v KPMG LLP, the Supreme Court of the Northwest Territories confirmed that courts may set aside valid arbitration agreements as a just and proper remedy for oppression. The decision underscores that arbitration will not shield parties from court scrutiny when agreements are tainted by oppressive misconduct.
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Canadian Courts Have Jurisdiction to Address Misappropriation by AI Companies
In Toronto Star Newspapers Limited v OpenAI Inc, the Ontario Superior Court delivered a significant ruling on the jurisdiction of Ontario (and Canadian) courts to determine disputes relating to the misappropriation of content by artificial intelligence (AI) companies.
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Supreme Court: Public Disclosure Must Level the Playing Field Between Companies and Investors
In Lundin Mining Corp v Markowich, the Supreme Court of Canada delivered a significant ruling on the scope of disclosure standards for public companies in Canada, holding that disclosure standards should be interpreted broadly and flexibly to deter informational asymmetry between issuers and investors.
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The recent decision in Munchkin Inc v Angelcare Canada Inc presents an example of circumstances in which foreign parent companies can be held liable for patent infringement in Canada.
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Lenczner Slaght Welcomes Devon Kapoor
Canada’s leading litigation firm adds another exceptional lawyer to its talent pool.
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Bronze Medal (2019)
Osgoode Hall Law School
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McCarthy Tétrault LLP Prize (2018)
Osgoode Hall Law School
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Schulich Entrance Award of Merit (2015)
Schulich School of Business
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Tory Research and Writing Award (2018)
Osgoode Hall Law School