Brandon Kain is a partner in our Litigation Group in Toronto. His practice focuses on written advocacy and opinions, particularly in the areas of securities, competition and product liability class actions, complex business disputes and public law.
Mr. Kain has appeared as counsel before the Federal Court of Appeal, the Federal Court and the Ontario Superior Court of Justice. He has been involved in drafting over 50 written arguments for use in the Supreme Court of Canada, the Federal Court of Appeal and Federal Court, all levels of the Ontario and Alberta courts, various administrative tribunals and commercial arbitrations. He has also 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, the Canadian Appeals Monitor. He is also a member of our National Class Actions, Securities Litigation and Product Liability Groups.
Mr. Kain is a contributing author of the 2nd Edition of Defending Class Actions in Canada, published by CCH. He has written or co-written several articles, including:
· "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
Mr. Kain presented his paper, "The Implication of Contractual Terms in the New Millennium", at the 41st Annual Workshop on Commercial and Consumer Law, hosted in 2011 by the University of Toronto Faculty of Law.
His publications have been cited by the Supreme Court of Canada and the Manitoba Court of Appeal.
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.