Kevin O’Brien

Kevin O’Brien

Partner, Litigation

Contact Information

tel: 416.862.4861



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.

  • 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.
  • Find More

  • The Canadian Legal Lexpert Directory: Recognized in Litigation - Corporate Commercial

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