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, the Federal Court of Appeal, and the Federal Court. She is involved in medical defence work in both civil and regulatory contexts, and has represented physicians before the courts, the College of Physicians and Surgeons of Ontario, and the Health Professions Appeal and Review Board. In addition to her practice, Ms. MacKenzie volunteers as duty counsel for unrepresented litigants at Small Claims Court.

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

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

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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Update: Ontario Court Grants Franchisees’ Claim for Ongoing Disclosure as the Pet Valu Saga Continues
Brooke MacKenzie,Adam Ship,Thomas N.T. Sutton, April 7, 2015
Last year, we discussed the Ontario Superior Court’s decision to substantially dismiss a class action commenced by former Pet Valu franchisees on summary judgment. On the basis that new evidence had arisen on the motion that could support a new common issue, Justice Belobaba deferred...

The Court As Tie-Breaker: Atomic Energy And How “Persistent Discord” Begets A Correctness Standard Of Review
Brooke MacKenzie, March 26, 2015
In its recent decision in Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17, the Federal Court of Appeal held that the rule of law can require the Court to apply a correctness standard of review to administrative decisions concerning the interpretation of the governing statute in certain...

Ontario Court of Appeal Again Narrowly Interprets the Resale Exemption in Ontario’s Franchise Legislation
Brooke MacKenzie,Adam Ship, March 25, 2015
In its recent decision in 2147191 Ontario Inc. v. Springdale Pizza Depot Ltd., 2015 ONCA 116, the Ontario Court of Appeal upheld a finding on summary judgment that a franchisor could not rely on the “resale exemption” from the disclosure requirements found in Ontario’s franchise...

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Office Information

Brooke MacKenzie

66 Wellington Street
TorontoON M5K 1E6


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