Brad is a partner in the firm's Litigation Group and is Co-Chair of the firm's Franchising & Distribution Group.
Brad has represented clients before all levels of courts in Canada, including the Supreme Court of Canada, as well as before domestic and international arbitration tribunals.
Brad's practice primarily consists of complex corporate commercial litigation. He has extensive experience in handling franchise and distributorship disputes, intellectual property disputes, internet disputes, commercial fraud, environmental litigation and a wide range of contractual and business relationship disputes. In addition to Canadian clients, he routinely represents American and other foreign entities that are parties to disputes in Canada.
Brad routinely advises and represents foreign and domestic manufacturers who are terminating relationships with distributors and franchisees. He has handled close to a hundred such disputes, including those involving claims of wrongful termination, breach of contract, bad faith, fraud, misrepresentation, intellectual property infringement, breach of non-compete and confidentiality covenants, licensing issues and competition law. Brad has represented numerous automotive clients in this context, including Honda, Mercedes-Benz, Mitsubishi, and Subaru.
Brad has acted in numerous internet-related cases, including cases involving ICANN, "cybersquatting", internet defamation and other violations of intellectual property. He represents clients in trade-mark and copyright disputes and cases involving misappropriation of trade secrets and confidential information.
His corporate fraud practice encompasses all forms of crimes against the company committed by corporate representatives and unrelated parties. With respect to environmental law, Brad's practice includes representing both plaintiffs and defendants in civil environmental actions and he also regularly defends corporations who have been charged under a variety of environmental statutes and other regulatory laws. He has class action experience in defending cases involving breach of contract and fiduciary duties, misrepresentation and patents.
Brad also has extensive experience in alternative dispute resolution techniques. He is a Fellow and member of the Executive Committee of the Chartered Institute of Arbitrators (FCIArb.) and routinely acts as counsel in private and court-annexed mediations, international and domestic commercial arbitrations and NADAP proceedings.
Recent matters include:
- Representing Miller Brewing Company in a dispute with Molson regarding a Canadian license agreement;
- Representing Mitsubishi Canada in dealer termination litigation;
- Represented Johnson Controls in a corporate fraud case brought against several parties by Windsor Casino;
- Represented GlaxoSmithKline in a patent "evergreening" class action;
- Represented Magna Companies in an international arbitration involving a joint venture dispute;
- Representing Sobeys in a franchise termination dispute; and
- Representing Subaru in dealer termination and intellectual property disputes.
dealing with the duty of good faith and fair dealing in franchise agreements
dramatic expansion of liability for franchisors in Canada – the duty to promote and enhance your brand
a "fresh" approach to summary judgment: the Ontario Court of Appeal creates new "full appreciation" test
no franchise disclosure document required: Ontario Court of Appeal considers the one-year term/no franchise fee exemption
international commercial arbitration awards – no deference on questions of jurisdiction
Ontario Court Keeps Lawsuit in Court Despite Arbitration Agreement
Developers and Builders: Make Sure You Get Noticed!
Show Me the Money: Security for Costs in Commercial Arbitrations
Be Careful What You Wish for: Arbitration Clauses Can Come Back to Haunt You
Ontario Court of Appeal Clears the Way for Arbitration of Franchise Disputes
Good Faith is a Two Way Street
WHOIS bashing your company online?
How have recent legal decisions affected franchisees and franchisors when it comes to disclosure?
Ontario Court Sends Message to Franchisors and Franchisees
Back to Fundamentals: Terminating Distributors for 'Fundamental Breach' of Contract
A Guide to Arbitration In Canada
Obstructing Justice? The Duty to Provide Information When Reporting A Spill Under The Environmental Protection Act
Canada's Highest Court Punishes Manufacturers
Kerr v. Danier Leather ups the ante for class action defendants
Costly Class Action Costs Awards: 'Legal Premiums' Raise The Bar In Ontario
Is Your Distribution or Licensing Relationship a 'Franchise' Business?
The Answer Might Surprise You
Challenges in Distribution: Terminating Dealers and Distributors
Wannabe Franchisees Are Entitled To Protection Under The Franchise Act
Does Your Company or Product 'Suck'? What You Can Do if Someone Says It Does
Searching for the Right Response: What to do When you are Presented with a Search Warrant?
- University of Ottawa, LLB (graduated Dean's List, magna cum laude) - 1993
- University of Waterloo, Honours Environmental Studies (graduated Dean's List, Top of Class) - 1989
Year Of Call
- Called to the Ontario bar - 1994
franchising and distribution disputes
intellectual property litigation
defamation and libel
franchise and distribution
automotive manufacturers and distributors
Directorships and Professional Associations
- Fellow of the Chartered Institute of Arbitrators (CIArb)
- Member of the Executive Committee of the CIArb
- Founding Member of the Toronto Commercial Arbitration Society and Member of its Liaison Committee
- Canadian Bar Association (Ontario)
- American Bar Association (Civil Litigation)
- Advocates' Society
- Metropolitan Toronto Lawyers Association
- Professor Adjunct at Osgoode Hall Law School teaching a course on mediation and arbitration (2004-2007);
- Professor Adjunct at Queen's Law School teaching a course on mediation and arbitration (1998-2004); and
- Lectures for LSUC and the Advocates' Society on a variety of civil litigation and arbitration topics, including Evidence in Arbitrations and Summary Judgment.
Awards & Rankings
- Benchmark Canada ranks Brad as a "Litigation Star" for commercial litigation, arbitration and intellectual property disputes.
- Global Arbitration Review includes Brad as a "Lawyer to Know" in its GAR 100 Guide.
- Received both entrance and senior year scholarships at the University of Waterloo based on academic performance.
- Award for attaining the highest grade in Constitutional Law at the University of Ottawa.
- Advocates' Society award for attaining the highest grade in the Administrative Law component of the Bar Admissions Course.
- 2002 Leadership in Mentoring Award.