Kevin  O’Brien

Kevin O’Brien, Associate, Litigation

Contact Information

  • tel: 416.862.4861
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Bar Admission

Ontario, 2005

Education

  • University of Western Ontario, LL.B.
  • Laurentian University, B. Comm.

Office

Toronto

Language(s)

English

Biography

Kevin’s practice is focused on complex commercial and corporate litigation matters. He has significant experience in securities and corporate governance litigation, mergers and acquisitions litigation, class actions, pension matters, disputes arising from large-scale infrastructure projects and domestic and international commercial arbitration. He has appeared and argued at all levels of court in Ontario, including the Court of Appeal for Ontario, and has acted as lead counsel at the Federal Court of Appeal. He summered at Osler and clerked at the Court of Appeal for Ontario before returning to the firm as an associate.

Notable Matters

  • BP P.L.C. in a proposed securities class action under Ontario’s Securities Act arising from the 2010 Deepwater Horizon explosion and subsequent Gulf of Mexico oil spill.
  • AIG in a proposed class action under Ontario’s Securities Act arising from allegations of secondary market misrepresentations.
  • A Canadian mining company in successful international commercial arbitration conducted in Rome, Italy, arising from a dispute with a major Italian corporation concerning post-closing issues in a purchase agreement between the parties.
  • Ventas, Inc. in its successful application for a declaration that Sunrise REIT was obligated under the purchase agreement between the parties to enforce the standstill terms of Sunrise REIT’s confidentiality agreement with a participant in its prior auction process. The decision of the Ontario Superior Court was upheld by the Court of Appeal for Ontario.
  • Royal Trust Corporation in its capacity as trustee of a pension plan in a class action relating to the use of pension surplus and the taking of contribution holidays.
  • General Motors of Canada Limited in a large scale distribution to employees of surplus funds arising under certain group life insurance plans.
  • GlaxoSmithKline Inc. in successful appeal to the Federal Court of Appeal relating to the proper taxation treatment of certain transfer pricing arrangements.
  • A Chicago manufacturing company in an international commercial arbitration against a German company arising from alleged breaches of a distribution agreement between the parties.

Affiliations

  • Law Society of Upper Canada
  • Canadian Bar Association
  • Ontario Bar Association
  • The Advocates' Society

Publications/Events/Education

Pro Bono/Community Work

  • Law Help Ontario/Pro Bono Law Ontario, Duty Counsel Volunteer