During the course of his career, Mr. Elkin has represented clients in a variety of commercial litigation matters including product liability cases, contractual disputes, lawsuits instituted by shareholders, and creditor priority disputes. He has also acted on behalf of several insurers in personal injury, property damage, surety and marine cargo claims.
Mr. Elkin is a member of the Law Society of Upper Canada and the Québec Bar. He has appeared before the Federal Court of Appeal as well as the Quebec and Ontario Courts of Appeal. He also appears before the Supreme Court of Canada on behalf of other law firms respecting motions for leave to appeal and appeals.
Representative Work
Mr. Elkin acted on behalf of a federally regulated small public utility in a contractual and regulatory dispute with a large public utility and succeeded in obtaining injunctions enabling his client to continue to operate its business and obtain a supply of services on better terms
Mr. Elkin successfully defended, in a 16-day trial, a claim against a manufacturer alleging that it had exposed its employees to toxic materials that would have increased the risk of birth defects.
In another matter, Mr. Elkin represented an underwriter of an excess commercial general liability policy issued to a concrete manufacturer at a 142-day trial and at the two ensuing appeals. In spite of a finding of partial liability against the insured, the underwriter was not required to pay the approximately $20 million in damages that was awarded.
Professional and Community Activities
· Vice-president of the Canadian Defence Lawyers Association
Professional Affiliations
· Canadian Bar Association
· Ontario Bar Association
Publications
In Fact and in Law
· Exclusions of work performed by the insured new interpretation and duty to defend
In Fact and in Law - October 2010 Odette Jobin-Laberge and Brian C. Elkin and Louis Charette
On September 23, 2010, the Supreme Court of Canada issued an unanimous judgment in the case of Progressive Homes Ltd....
In Fact and in Law Express
· The Supreme Court of Canada lays down a new test for applying a faulty or improper design exclusion
In Fact and in Law Express - December 2008 Brian C. Elkin and Jacques Perron
The Supreme Court of Canada lays down a new test for applying a "faulty or improper design" exclusion