Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- LawVision Group (2017) Legal Project Management
- Queen's University (2012) JD (Dean's Honours List)
- University of Toronto (2008) HBA (Criminology, Sociology and Philosophy – High Distinction)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Jonathan Chen (he/him)
is a partner at Lenczner Slaght.
"Jon is a capable litigator and very thorough and detail oriented." — Chambers Canada
Jonathan’s litigation practice is focused on class actions, business disputes, product liability and professional negligence matters. His clients have included financial institutions, technology companies, real estate developers and pharmaceutical companies. He has appeared before the Ontario Superior Court of Justice, the Ontario Court of Justice, the Ontario Court of Appeal, the Federal Court as well as administrative tribunals.
Prior to joining the firm, Jonathan articled and practiced at a leading national law firm where he defended banks, automotive companies, insurers, municipalities, police services boards and educational institutions. He also assisted on various class actions and was counsel on one of the first aggregate damages decisions in Canada.
While at law school, Jonathan was a Co-Editor-in-Chief of the Queen's Law Journal and a Teaching Assistant in Legal Writing and Research.
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Larsen v ZF TRW Automotive Holdings Corp
Counsel to an automotive parts manufacturer in a proposed class action relating to allegedly defective airbag control units. Certification was dismissed.
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Waldron v His Majesty the King in Right of Canada et al
Counsel to the Claims Administrator in a motion and appeal arising from a dispute over the interpretation of the Indian Day School Settlement Agreement.
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Counsel to the defendants in a class action alleging failure to disclose foreign exchange fees in registered accounts.
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Bernstein v Peoples Trust Company
Counsel to the Defendants in a class proceeding alleging that various brands of network-branded payment cards were subject to activation, dormancy, and other fees that constitute misrepresentations, breach of contract, and breaches of various provincial consumer protection legislation and related regulations.
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Counsel to Walmart in two proposed class actions (Ontario and British Columbia) relating to the manufacturing, supply and sale of Zantac Ranitidine.
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Ramdath v George Brown College of Applied Arts and Technology
Counsel to the defendant at trial and appeal in a consumer protection class action brought by former students. (Prior to joining Lenczner Slaght)
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Counsel to General Motors in defence of class actions relating to defective ignition switches and airbags. (Prior to joining Lenczner Slaght)
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City of Hamilton Judicial Inquiry
Counsel to the City of Hamilton in a Judicial Inquiry into the Red Hill Valley Parkway.
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Empire Steel Inc v 2469521 Ontario Inc
Counsel to the Defendants in an action arising from an alleged breach of a supply agreement.
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Served as amicus curiae in a class action settlement approval motion decision.
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Canadian Bar Association
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Ontario Bar Association - Member-At-Large of the Class Actions Executive (2019-2021)
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The Advocates' Society
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Pro Bono Law Ontario - Duty Counsel
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University of Toronto - New College Career Mentorship Program
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Federation of Asian Canadian Lawyers
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AI Competence in the Courtroom: Four Things Judges Need to Understand Now About AI
As artificial intelligence continues to permeate every aspect of our lives, legal challenges involving AI will proliferate. Parts 1 to 3 in our series explored many of these potential questions. AI will create new legal problems and change the texture of old ones. As always, the judiciary, with the assistance of counsel, will assume a pivotal role in navigating this landscape.
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Pay to Play: Court of Appeal Enforces Full Payment of Lender Fee
Barring a very narrow set of circumstances, sophisticated parties with equal bargaining power are generally held to the terms of their agreement. 660 Sunningdale GP Inc v First Source Mortgage Corporation is a recent example where a commercial developer, 660 Sunningdale GP, was ordered to pay the entirety of the lender fee to the lender, First Source Mortgage Corporation, even though the loan did not proceed.
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No Harm, No Remedy: The Availability of Non-Compensatory Remedies under the Consumer Protection Act
By playing their essential gatekeeping role, class action judges have in numerous decisions clarified the necessary elements of various causes of action and the availability of specific remedies in a particular case. What constitutes harm that is compensable, for example, has featured in numerous product liability class actions and the failure to show harm has put an end to many of them. For strategic and practical reasons, some class actions do not seek compensation for losses that the class members suffered. Instead, the strategy is to pursue remedies that do not correspond with personal losses such as disgorgement, nominal damages and punitive damages. Hoy v Expedia Group Inc is a recent example.
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Court Affirms Extreme Circumstances Required to Restrain Power of Sale
A power of sale is a very common mortgage remedy used by lenders where a borrower defaults under the applicable mortgage agreement. In light of the current interest rate environment, the power of sale process has anecdotally been exercised more frequently. Lenders (and borrowers), however, should keep in mind when such a right can be restrained.
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Pleadings continue to be a popular battleground in the product liability context. Over the years, a body of law has developed respecting motions to strike for negligent design, negligent manufacture and failure to warn claims. Nevertheless, there continues to be debate as to the specificity needed for pleading these types of claims. That debate is fuelled in part by jurisprudence demonstrating a high tolerance for claims that are arguably vague and lacking in material facts. Even where a claim is struck, plaintiffs are routinely permitted to amend their pleading.
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A few years after the Supreme Court of Canada released Hollick v Toronto (City), which provided a detailed articulation of the common issues requirement under s. 5(1)(c) of the Class Proceedings Act, 1992, Ciara released her chart-topping single, “1, 2 Step”. While we would not go so far as to say that her single was one of the most succinct summaries of the common issues test from the early 2000s, she may have been on to something.
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Recall Remedy Once Again Preferable to Class Action
History has shown that recalls for product defects are often followed by a proposed class action lawsuit. While many products cases in that context have been certified, we have now seen certification of proposed class actions being denied on the basis that there is already an effective recall campaign in place. We have seen this in Maginnis and Magnaye v FCA Canada et al and Richardson v Samsung.
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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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Jonathan Chen Named FACL’s Mentor of the Year
Jonathan Chen was recognized at the 17th Annual FACL Gala on Saturday, March 2 for his demonstrated positive impact on the professional development and career trajectory of members of the legal community, and particularly the Asian community, through mentorship.
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New College Arbor Award Winners 2023
Jonathan Chen was honored with a 2023 Arbor Award, in recognition of his outstanding and enduring contributions to the University of Toronto. Following his extraordinary experience in the New College Career Mentorship Program, Jonathan returned to volunteer his time with the program as a mentor. In this capacity, Jonathan helps students learn more about the application process, navigating law school, and working as a lawyer.
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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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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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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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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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45th Annual Intensive Trial Advocacy Workshop (ITAW)
Risa Kirshblum, Sana Halwani, and Jonathan Chen, will be participating as instructors at the 45th Annual Intensive Trial Advocacy Workshop (ITAW), hosted by Osgoode Professional Development. This program gathers over 100 experts in advocacy skills training and guest speakers who are active members of the Bench and Bar. Attendees will have the opportunity to develop and refine their advocacy skills.
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Jonathan Chen co-chaired The Advocates' Society's annual program on Class Actions Advocacy. The program provided valuable insights into recent developments, comparative legislation, and multijurisdictional challenges in class actions.
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44th Annual Intensive Trial Advocacy Workshop
Lawrence E. Thacker, Risa M. Kirshblum. Sana Halwani, and Jonathan Chen were invited to share their expertise at Osgoode Professional Development's 44th Annual Intensive Trial Advocacy Workshop.
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Evidence Tips & Tricks for Early Career Litigators
Jonathan Chen shared his expertise at the OBA's program on Evidence Tips & Tricks for Early Career Litigators.
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Navigating Leave, Parenthood, and Return to Work (Part One)
The Federation of Asian Canadian Lawyers (FACL) invited Jonathan Chen to share his perspective on balancing new parenthood and work.
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The Coles Notes on Coles: Product Recalls Can Defeat Certification
Jonathan Chen and Angela Hou co-authored an article on the decision in Coles v FCA Canada Inc., a case which further highlights the effectiveness of a thoughtful recall program initiated by the manufacturer at defeating certification. The article was published by The Lawyer's Daily.
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Obtaining the Most Favourable Outcome: Using Litigation Technology to Bolster Your Case at Trial
Jonathan Chen shared his experience and expertise in virtual trial advocacy at the CBA's upcoming program "Obtaining the Most Favourable Outcome: Using Litigation Technology to Bolster Your Case at Trial". He discussed the impact of technology on bringing a case to life and increasing the understanding of testimony and evidence.
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Remedies in Class Actions: Aggregate Damages
Jonathan Chen shared his expertise at the OBA's upcoming program titled Remedies in Class Actions: Aggregate Damages.
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Real Talk: The Life of a Litigator, Civil and Criminal Litigation
Jonathan Chen was invited to speak on episode 1 of FACL's mentorship series on what it means to be a litigator.
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13th Annual Class Actions Colloquium
Jonathan Chen shared his expertise at the OBA's 13th Annual Class Actions Colloquium. Jonathan led a panel discussion on the Latest Developments in Damages.
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Arbor Award (2023)
University of Toronto
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Best Lawyers in Canada (2022-2024)
Corporate & Commercial Litigation
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Canadian Legal Lexpert® Directory (2022-2024)
Class Actions, Litigation - Corporate Commercial, Litigation - Product Liability
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David Sabbath Prize in Labour Law: Collective Agreements and Arbitration (2012)
Queen's University, Faculty of Law
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2023)
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Lexpert Special Edition: Canada's Leading Technology & Health Sciences Lawyers (2024)
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Mentor of the Year (2024)
Federation of Asian Canadian Lawyers