Kevin O’Brien

Partner, Litigation

Contact Information

kobrien@osler.com

tel: 416.862.4861

Office

Toronto

Biography

Areas of Expertise

Bar Admission

Ontario, 2005

Education

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

Language(s)

English

Kevin is an experienced trial and appellate lawyer who navigates clients and their businesses through their most difficult and sensitive cases. He has a broad expertise in numerous corporate/commercial matters, including class actions, securities, product liability, energy and construction/infrastructure industry disputes. Kevin also has specialized expertise in crisis and reputational management and defamation/media law. He regularly acts on domestic and international arbitrations.

Kevin is the Chair of Osler’s Legal Professionals Committee. He is co-author with David Morritt of Canadian Defamation Law and Practice, a leading resource for litigators in defamation law. He is also a committed Pro Bono Ontario supporter and volunteer, and a volunteer youth baseball and basketball coach in East Toronto. Before joining Osler, Kevin clerked for the judges of the Court of Appeal for Ontario.

Deals & Cases

Toronto Transit Commission
Toronto Transit Commission in an action brought by a construction contractor in respect of a major subway station and transit line project
Toronto Transit Commission
Toronto Transit Commission in connection with the Toronto-York Spadina Subway Extension

Acting for Toronto Transit Commission in in a trial heard over a 14-month period respecting the construction of the Pioneer Village Subway Station
Acting for Dundee Kilmer Developments Limited Partnership, Dundee Realty Corporation and Infrastructure Ontario in ongoing high-stakes dispute with Catalyst.
Lead trial counsel in successful defence of action between two leading Toronto fertility clinics relating to entitlement to government funding for fertility treatments
Acting for a pharmaceutical company and national retail pharmacy chain in the ongoing defence of multiple class actions commenced across the country in respect of opioid products, including a novel statutory action commenced on behalf of the provincial governments
Lead counsel for the owner of a large wind farm project in arbitration with contractor relating to issues with an electricity transmission line
Counselling various prominent organizations and high-profile individuals in confidential defamation and internet libel matters and in responding to high-profile media investigations
Regularly conducting libel reviews on publications for media organizations and authors
Lead counsel for Royal Bank of Canada in application relating to complex commercial leasing arrangements
Successfully defending BP in a cross-border securities class action arising from the Deepwater Horizon explosion
Lead counsel for the Independent Electricity System Operator on numerous matters arising out of renewable energy products and programs
Acting for the City of Toronto against Carillion Construction Inc. in complex, multi-party litigation arising out of the Union Station Redevelopment Project
Acting for GuestLogix Inc. in an ongoing secondary market securities class action
Lead counsel for Sustainable Development Technology Canada in successful prosecution of defamation action
Lead counsel for Greater Toronto Airports Authority in action relating to provision of security services at Pearson International Airport
Lead counsel successfully representing dissenting shareholders of Aquam Corporation in successful application to fix fair value of their shares
Acting for AIG in a proposed class action under Ontario’s Securities Act arising from allegations of secondary market misrepresentations
Representing 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
Acting for Ventas, Inc. in 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.