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.
Areas of Expertise
Representative Work
- 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.
- 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.
Awards and Recognition
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The Canadian Legal Lexpert Directory: Recognized in Litigation – Corporate Commercial
Media Mentions
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Media Mentions September 11, 2018
Ontario Court of Appeal decision answers ‘big legal questions’ on SLAPP suits – Canadian Lawyer
The Court of Appeal for Ontario recently released its long-awaited decisions in a series of appeals addressing the limits of the province’s...
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Media Mentions March 15, 2018
Feds may not recoup $19M: lawyers – Winnipeg Free Press
In November 2017, the Canadian federal government sued Omnitrax and related parties for the return of approximately $19 million in funding received...
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Media Mentions October 30, 2017
New framework to be used for foreign claimants — Law Times
Osler partner Kevin O’Brien says the Ontario Court of Appeal (the Court) has provided guidance on whether there is jurisdiction over absent foreign...
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Community Involvement
- Amicus Lawyer, Court of Appeal for Ontario
- Law Help Ontario/Pro Bono Law Ontario, Duty Counsel Volunteer
- My Class Needs, Board Member
Credentials
Education
- University of Western Ontario, LL.B.
- Laurentian University, B. Comm.
Languages
- English
Professional Affiliations
- Law Society of Ontario
- Canadian Bar Association
- Ontario Bar Association
- The Advocates' Society
