Lawyer Profile Detail



Brandon Kain

OFFICE

Toronto

DIRECT LINE

416-601-7821

E-MAIL

bkain@mccarthy.ca

V-CARD

LAW SCHOOL

University of Toronto

BAR ADMISSION

British Columbia, 2005
Alberta, 2005
Ontario, 2004




Biography

Brandon Kain is a partner in our Litigation Group in Toronto. His practice focuses on commercial litigation, class actions and regulatory/administrative law. He has successfully acted for a wide variety of clients in major litigation, including Bell Canada, Abbott Laboratories, Cathay Pacific Airways, the Ontario Lottery and Gaming Corporation, AstraZeneca Pharmaceuticals and Chrysler Canada.

Brandon has a national practice. He has appeared before the Supreme Court of Canada, the Federal Court, the courts of Alberta, British Columbia, Manitoba, Ontario and Saskatchewan, and in commercial arbitrations. Six of his cases are included in Lexpert Magazine’s annual list of the Top 10 Business Decisions in Canada for the years 2013-2015, with two ranked #1.

He has extensive experience in appellate advocacy, having acted in 9 civil appeals before the Supreme Court of Canada, as well as cases in the Federal, British Columbia and Ontario Courts of Appeal. He is co-founder of our National Appellate Litigation Group, and the editor-in-chief of its award-winning blog, Canadian Appeals Monitor.

A significant part of Brandon’s practice involves advising clients on commercial disputes. He successfully represented the appellant in the leading Canadian case on the duty of good faith in contracts, Bhasin v. Hrynew, 2014 SCC 71. In addition, he successfully represented the respondent in the leading Canadian case on the tort of fraud, Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8. Since 2012, he has taught Advanced Contract law at the University of Western Ontario Faculty of Law, and formerly taught Economic Torts at the University of Toronto Faculty of Law.

Brandon acts regularly in class actions. He appeared before the Supreme Court of Canada in both the securities class action trilogy (Canadian Imperial Bank of Commerce v. Green, 2015 SCC 60) and the competition class action trilogy (Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57), and has served on the executive committee of the Class Actions Section of the Ontario Bar Association since 2014. His cases often involve cross-border issues, and he successfully acted in the first Canadian decision to exclude absent foreign claimants from a global price-fixing class action: Airia Brands v Air Canada, 2015 ONSC 5332.

Brandon has achieved particular success for clients in prescription pharmaceutical class actions, having acted in the first such cases where certification was defeated in both Ontario and British Columbia: Martin v. AstraZeneca Pharmaceuticals PLC, 2012 ONSC 2744, aff’d 2013 ONSC 1169 (Div. Ct.); Charlton v. Abbott Laboratories, Ltd., 2015 BCCA 26. He also successfully represented the defendants in the first pharmaceutical class action to be defeated on summary judgment in Canada: Wise v. Abbott Laboratories, Ltd., 2016 ONSC 7275.

Brandon is frequently engaged to act in litigation involving the broadcasting and telecommunications industries. He has appeared in several appeals from the CRTC to the Federal Court of Appeal, along with the judicial review of a Cabinet decision in the Federal Court. He successfully acted in the first case where a Canadian court granted a permanent injunction to prohibit the unauthorized retransmission of conventional television services over the Internet in violation of the Copyright Act: 2251723 Ontario Inc. v. Bell Canada, 2016 ONSC 7273.

A prolific author, Brandon has written or co-written articles in the Canadian Bar Review, Canadian Business Law Journal, Supreme Court Law Review, Annual Review of Civil Litigation, Advocates’ Quarterly, Banking and Finance Law Review and Alberta Law Review. His publications have been cited by the Supreme Court of Canada and the Alberta, British Columbia, Manitoba and Ontario courts. He is a regular speaker on legal issues, and has presented for the Law Society of Upper Canada, the University of Toronto Faculty of Law, Osgoode Professional Development, The Canadian Institute, The Commons Institute, the Canadian Centre for Ethics & Corporate Policy, the Prospectors and Developers Association of Canada and the Canadian Energy Law Foundation.

Brandon obtained 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 obtained 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.

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McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City and London, UK.
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