Brooke MacKenzie: Lawyer with McCarthy Tétrault LLP

Brooke MacKenzie

Toronto,  ON  Canada
Phone416 601-7866

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Experience & Credentials

Practice Areas

  • Health Law
  • IP Litigation
  • Professional Liability
  • Litigation
  • Pharmaceutical
Mailing AddressSuite 5300, TD Bank Tower, Toronto Dominion Centre, Toronto, ON, M5K 1E6
University Queen's University, B.A., Theatre, with distinction, 2009
Law SchoolQueen's Faculty of Law, J.D., 2012
Admitted2013, Ontario
Memberships Ontario Bar Association; Law Society of Upper Canada; Canadian Bar Association.


Brooke MacKenzie is an associate in our Litigation Group in Toronto. She maintains a general litigation practice, with an emphasis on professional liability matters and commercial disputes.

Ms. MacKenzie has appeared before the Ontario Superior Court and the Federal Court. She regularly advises physicians in civil and regulatory matters, and has represented physicians before the College of Physicians and Surgeons and the Health Professions Appeal and Review Board.

Ms. MacKenzie's writing on civil procedure and litigation practice has appeared in various law journals and practice publications, including the Advocates' Quarterly and Canadian Bar Review.

Ms. MacKenzie volunteers as duty counsel for Pro Bono Law Ontario at the Small Claims Court, as well as for the firm's Unaccompanied Minors Project, a pro bono initiative that provides assistance to minors advancing claims for refugee status before the Immigration and Refugee Board.

While attending law school, Ms. MacKenzie was placed on the Dean's Honour list each year, and she was awarded the Samworth Advocacy Prize and the Law Society Prize for Outstanding Academic Achievement upon graduation. She was also active in competitive mooting during law school and was honoured with two prizes for factum-writing, as well as the Mark MacGuigan Prize for Best Oralist in the Laskin Moot.

Ms. MacKenzie received her B.A. (with Distinction) in theatre from Queen's University in 2009, and her J.D. from the Queen's Faculty of Law in 2012.

Ms. MacKenzie was called to the Ontario bar in 2013. She is a member of the Law Society of Upper Canada, Canadian Bar Association, Ontario Bar Association, and the Advocates' Society.


•“The Not-So-Bright Line Rule: Lingering Questions About Lawyers' Duty to Avoid Conflicting Interests in CN Railway v. McKercher”, (2014) 42 Advocates' Quarterly 422
•“Better value: Problems with the billable hour and the viability of value-based billing”, (2013) 90 Canadian Bar Review 677
•“Protecting against hard drive production orders: Another reason for compliance with ongoing discovery obligations”, Canadian Corporate Counsel Association Magazine, March 2013 (co-authored)
•“Unilateral assignment of franchise agreements in bankruptcy: Economic efficiency versus freedom of contract”, (2012) 27 Banking and Finance Law Review 723 (co-authored)
•“Settling for less: How the Rules of Civil Procedure overlook the public perspective of justice”, (2011) 39 Advocates' Quarterly 222


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Ontario Superior Court Refunds Franchise Fee on the Basis of Frustration of Contract
Brooke MacKenzie,Adam Ship,Thomas N.T. Sutton, January 8, 2015
The Ontario Superior Court recently affirmed a Small Claims Court decision returning a franchise fee to a franchisee where the franchise location contemplated was no longer available - in spite of a clause in the franchise agreement stating that the franchise fee “is under no circumstances...

A Costly Choice (of Law): Determining the Damages Available for an Extra-Territorial Tort
Brooke MacKenzie, August 25, 2014
The recent UK Supreme Court decision in Cox v Ergo Versicherung AG, [2014] UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between substance and procedure in the conflict of laws, and legislative...

Ontario Court Declares That Bare Trademark License Agreement Is Not Subject to Franchise Disclosure Legislation
Helen Fotinos,Brooke MacKenzie,Catherine M. Samuel,Adam Ship, August 25, 2014
A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario’s franchise legislation. The decision provides guidance to companies that wish to avoid the application of Ontario’s Arthur Wishart Act (Franchise...

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Office Information

Brooke MacKenzie

66 Wellington Street
TorontoON M5K 1E6


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