Lawyer Profile Detail

Biography

Brandon Kain is a partner in our Litigation Group in Toronto. His practice focuses on securities, competition and product liability class actions, complex business disputes and regulatory/administrative law.

Mr. Kain has appeared as counsel before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Ontario Divisional Court and the Ontario Superior Court of Justice, and has made oral submissions in appeals, judicial review applications and complex motions.

A significant part of Mr. Kain’s practice also involves written advocacy and opinions. He has been involved in drafting over 50 written arguments for use in the Supreme Court of Canada, all levels of the Federal, Ontario and Alberta courts, various administrative tribunals and commercial arbitrations. In addition, he has drafted opinions and played an advisory role in a number of significant cases and transactions.

Mr. Kain is a co-founder of our National Appellate Litigation Group, and is the editor-in-chief of its blog, Canadian Appeals Monitor. He is also a contributing author of the 2nd Edition of Defending Class Actions in Canada, published by CCH. Mr. Kain has written or co-written several articles, including:

• “Developments in Private International Law: The 2011-2012 Term – The Unfinished Project of the Van Breda Trilogy” (2012) 59 S.C.L.R. (2d) 277
• “Mapping the Serbonian Bog: The Territorial Limits of Secondary Market Securities Act Claims Under the Canadian Constitution” – Parts I and II (2012) 53 Can. Bus. L.J. 63; (2012) 53 Can. Bus. L.J. 233
• “Solicitor-Client Privilege and the Conflict of Laws” (2012) 90 Can. Bar. Rev. 245
• “Set the Controls for the Heart of the Sun: Ontario Court of Appeal Allows Securities Act Claims against Foreign-Listed Issuers in Canadian Solar” (2012) 1 C.L.A.R. 23
• “The Implication of Contractual Terms in the New Millennium” (2011) 51 Can. Bus. L.J. 170
• “The “Unlawful Means” Element of the Economic Torts: Does a Coherent Approach Lie Beyond Reach?”, in Todd L. Archibald and Randall Scott Echlin, eds., Annual Review of Civil Litigation, 2010 (Toronto: Thomson Carswell, 2010) 33
• "Mutual Interests in Legal Professional Privilege" (2010) 10 Corporate Litigation 619
• "Choice of Law for Unjust Enrichment: A Lack of Juristic Reason?" (2009) 13 Commercial Litigation 710
• "The Doctrine of Public Policy in Canadian Contract Law", in Todd L. Archibald and Randall Scott Echlin, eds., Annual Review of Civil Litigation, 2007 (Toronto: Thomson Carswell, 2007) 1
• "Recent Watershed Developments in Oppression Remedies and Shareholder Activism", in Todd L. Archibald and Randall Scott Echlin, eds., Annual Review of Civil Litigation, 2006 (Toronto: Thomson Carswell, 2006) 33

His publications have been cited by the Supreme Court of Canada.

Mr. Kain is an adjunct professor at the University of Western Ontario Faculty of Law, where he lectures in the area of advanced contract law. He has also presented for the University of Toronto Faculty of Law and Osgoode Professional Development on issues relating to contracts and administrative law.

Mr. Kain received his LL.B. (Honours) from the University of Toronto in 2003, where he received the Fasken Martineau DuMoulin LLP Award for Academic Excellence in first year, and graduated with Honours Standing. He also received his MA in philosophy from the University of Toronto in 1999 and his BA (First Class Honours) in philosophy from Queen's University in 1998.

He was called to the Ontario bar in 2004, and to the Alberta and British Columbia bars in 2005.