Expertise
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Practice Areas:
Bar Admissions:
Education:
- Queen's University (2015) JD
- McGill University (2011) BA (Honours - Political Science)
Details
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Kelly Hayden
Kelly’s practice encompasses a broad range of litigation areas, including professional liability and regulation, public and administrative law, class actions, real property 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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Law Society of Ontario v Sorrenti
Counsel to the Law Society of Ontario in an application to have a trustee appointed over a Lawyer’s mortgage administration practice.
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Metropolitan Toronto Condominium Corporation No. 590 v Registered Orders
Counsel to the Metropolitan Toronto Condominium Corporation No. 590 in an application addressing responsibility for repair and maintenance of fireplace systems in a downtown Toronto high-rise condominium building. Succeeded in application to have the condominium’s declaration amended to designate the chimney flues as exclusive use common elements.
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Counsel to the successful defendant physician in a medical malpractice trial involving allegations that the physician was negligent in his management of shoulder dystocia during delivery. Decision includes important consideration of the causation principles applicable to medical malpractice actions generally.
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2138746 Ontario Inc v Friday Harbour Village Inc
Counsel to the Respondent, Friday Harbour, on appeals in the Ontario Court of Appeal from a trial judgment granting Friday Harbour its claims for adverse possession and possessory title, in which the Court of Appeal dismissed 2138743 Ontario's appeals.
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Counsel to the successful respondent in an application for adverse possession over a strip of land between two residential properties in Toronto, Ontario.
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College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v Yatwah Cheung
Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in a contested discipline hearing involving allegations of false advertising and making claims to patients not supported by reasonable professional opinion.
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Faas v Centre for Addiction and Mental Health Foundation
Counsel to the respondent Centre for Addiction and Mental Health Foundation in an application and appeal by a donor to have an investigation conducted by the Public Guardian and Trustee into how the Foundation had used his donation. The Foundation was successful in resisting the relief sought at the application stage, and in having that decision upheld at the Court of Appeal for Ontario.
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College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario v George Li
Counsel to the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in a contested discipline hearing involving allegations of fraud. An appeal was commenced by the member which was successfully dismissed for delay by the College. The dismissal was upheld at the Divisional Court, and leave to appeal the Divisional Court’s decision to the Court of Appeal was denied.
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Counsel to Experian in an appeal to the Court of Appeal for Ontario heard February 13, 2018. Appeal was resolved before Judgment.
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407 ETR Concession Company Limited v Day
Counsel to the 407 ETR in a successful motion and appeal to determine a question of law that no limitation period expired prior to the commencement of the action by 407 ETR. The Ontario Court of Appeal's decision is one of the leading cases on the appropriateness requirement of the discoverability provisions in the Limitations Act, 2002.
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The Advocates' Society
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Canadian Bar Association
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Ontario Bar Association
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Save It for Certification: The Court’s Answer to the Question of Which Jurisdiction Wore it Better
Two proposed class actions. Two law firms. Two provinces. One set of facts. Which action will reign supreme? In DALI 675 Pension Fund v SNC Lavalin, the class actions version of “who wore it better”, Justice Belobaba addressed the question of whether a parallel class action proceeding commenced in a separate province constitutes an abuse of process. His answer? Just a healthy dose of competition.
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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.
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Ontario Superior Court of Justice dismisses all allegations against the Mayor of Caledon in an application brought pursuant to the Municipal Conflict of Interest Act.