Lawyers
Kelly Hayden

About

Kelly* is as tenacious as her English bulldog is stubborn. This quality serves her clients well, who she represents in a broad range of litigation areas, including professional liability, administrative law, commercial litigation, and the creative industries. Kelly has§ prior experience as a researcher for the School of International Relations at the University of Southern California, which she relies on in her practice to investigate facts and drill down on key issues. Passionate about advocacy, Kelly gets the edge on her competition through creative thinking and results-driven problem solving. With a confident attitude and a modern perspective, Kelly inspires trust from judges, clients and colleagues alike. A previous competitor for Queen’s University, Kelly now serves on the Gale Cup Moot Committee. .

Expertise

Details

Kelly Hayden

is a lawyer at Lenczner Slaght.

Kelly’s practice encompasses a broad range of litigation areas, including professional liability and regulation, public and administrative law, class actions and commercial litigation. She has appeared before the Court of Appeal of Ontario, the Superior Court of Justice and a number of statutory tribunals.

A previous competitor for Queen’s, Kelly now serves on the Gale Cup Moot Committee as well as the firm’s Diversity and Inclusion Committee. Kelly has also led seminars in medical ethics for the University of Toronto Faculty of Medicine.

Prior to joining the firm, Kelly worked as a researcher for the School of International Relations at the University of Southern California. While at law school, Kelly was President of the Queen’s chapter of OutLaw, represented inmates as part of the Prison Law Program and sat on the Executive of the Sexual Health Resource Centre.

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  • The Advocates' Society

  • Canadian Bar Association

  • Ontario Bar Association

  • Supreme Court of Canada to weigh in on waiver of tort

    One of the seemingly foundational principles of tort law is that the plaintiff must prove they have suffered loss in order to establish a defendant’s liability. Plaintiffs are entitled to be compensated for the loss they have suffered, and only for the loss they have suffered—or so we thought. In Atlantic Lottery v Babstock, the Newfoundland and Labrador Court of Appeal capped off a developing line of authority in the class actions context that recognizes the possibility of an independent cause of action in “waiver of tort”.  Under this doctrine, claimants would be able to sue tortfeasors for disgorgement of profits gained through wrongdoing, without demonstrating that they themselves have suffered loss from such wrongdoing. This bold decision has attracted the attention of the Supreme Court of Canada, which in May 2019 granted leave to appeal to the defendant Lottery Corporation. Now all that’s left to do is to place your bets.

    Kelly Hayden | June 11, 2019

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