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Gerard Kennedy

Gerard Kennedy

Associate, Litigation

Contact Information

tel: 416.862.4711



Areas of Expertise
Bar Admission

Ontario, 2011

  • Harvard Law School, LL.M. (Frank Knox Memorial Fellow)
  • Queen’s University, J.D. (Dean’s Key)
  • University of Toronto, H.B.A. (with High Distinction)

Gerard has a general commercial litigation practice, with particular experience in employment and pension matters, constitutional litigation, administrative-regulatory issues, construction disputes, class action defence, and appellate practice. He has represented clients before various levels of courts in Ontario, the Federal Court of Appeal, and the Supreme Court of Canada. He also has experience before administrative tribunals, and in mediations and arbitrations.

Gerard received his J.D. from Queen’s University, where he earned the Dean’s Key. Prior to joining Osler, Gerard was an intern in Trial Chamber II of the International Criminal Tribunal for the Former Yugoslavia in The Hague and earned his LL.M. from Harvard Law School, where he was a Frank Knox Memorial Fellow. Gerard articled as a law clerk for the judges of the Ontario Superior Court of Justice in Toronto.

Gerard is very involved in legal education. He is an adjunct professor in the Department of Political Science at the University of Toronto, where he teaches international law. He is also a member of the Dean’s Council of Queen’s Law School, and is alumni coach of the Queen’s Philip C. Jessup International Law Moot team.

    • IBM Canada Ltd. in several wrongful dismissal/human rights matters, including Betts v. IBM Canada Ltd., 2015 ONSC 5298, where the Court dismissed the Plaintiff’s claim on the ground of job abandonment
    • Rapiscan Systems, Inc. in its successful judicial review of a government procurement decision, 2015 FCA 96
    • An accounting firm in a prospective class action
    • Atomic Energy of Canada Limited advising and representing AECL in a number of matters
    • Representing numerous clients defending wrongful dismissal actions and other employment- and pension-related litigation

  • Frank Knox Memorial Fellowship, Harvard Law School (2011-2012)
  • Dean’s Key, Faculty of Law, Queen’s University (2010)
  • Cassels, Brock & Blackwell LLP Award for Highest Standing in Constitutional Law and Human Rights courses (2010)
  • Bayne Sellar Boxall Award for Highest Standing in Criminal Law courses (2010)
  • McCarthy Tétrault Leadership Award (2008)

  • AIDS-Free World in a constitutional challenge to the criminalization of sodomy in Jamaica
  • Canadian Constitution Foundation in an intervention in the Supreme Court of Canada on privacy rights
  • Pro Bono Law Ontario as duty counsel at the Superior Court and Small Claims Court
  • Two United Nations employees in employment disputes with the United Nations 

  • Law Society of Upper Canada
  • Ontario Bar Association
  • Canadian Bar Association
  • Advocates’ Society
  • Osgoode Society for Canadian Legal History
  • Canadian Council on International Law

  • “Pragmatic and Logical: The Supreme Court of Canada’s White Burgess Decision and its Lessons for the Admissibility of Expert Evidence” Commercial Litigation and Arbitration Review (forthcoming, 2016)
  • Glen Grove: Distinguishing Agency and Privity as Bases to Hold Non-Parties Liable to Contracts” Toronto Law Journal (with Mary Paterson) (forthcoming, 2016)
  • Tanudjaja v. Canada (Attorney General): Distinguishing Injusticiability and Deference on Motions to Strike” (2015) 44 Adv. Q. 391 (with Mary Angela Rowe)
  • “Ontario Court of Appeal Divided on Permissibility of Hearings Outside Ontario in Multi-Jurisdictional Class Actions” (August 2015) 4 C.A.L.R. 33 (with Christopher P. Naudie)
  • R. v. P.C.: Accused Does Not Have Right to State-Funded Counsel for a First Appeal – Necessarily” (October 2014) Toronto Law Journal
  • “Substance Over Convenience” (August 2014) Canadian Underwriter (with Mark A. Gelowitz)
  • Dilollo (Re): Ontario Court of Appeal Holds that Limitation Period for Preference Motion Is Not Suspended Pending Appeal of Bankruptcy Order” (2014) 29 National Creditor-Debtor Review 28 (with Mark A. Gelowitz)
  • “Persisting Uncertainties in Appellate Jurisdiction at the Supreme Court” (2013) Criminal Reports (6th) 96
  • “Recent Developments in Courtroom Lawfare” (2013) Harvard National Security Journal (with Innokenty Pyetranker and Manik Suri)
  • “Gerard Kennedy: Supreme Court’s Quebec ‘common-law’ decision is a case study in judicial restraint, National Post, Jan 30, 2013.