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Brendan's commercial litigation practice focuses on shareholder and partnership litigation, injunctions, anti-fraud litigation, and banking litigation (including insolvency litigation).
He has appeared before:
the Ontario Court of Appeal
Ontario Divisional Court
Superior Court of Justice
Federal Court of Appeal
Federal Court (Trial Division)
the Barbados Supreme Court
Brendan has also appeared before tribunals and arbitrators.
He is fluent in English and conversational in French.
Brendan fournit des services juridiques par l’intermédiaire d’une société professionnelle.
Experience
Acts in a wide variety of shareholder, partnership and joint venture disputes, including litigation and arbitration in oppression remedy proceedings.
Acted for the major shareholder of a technology company in a $20 million oppression remedy claim.
Acted for a real estate developer regarding a breach by a business partner of a joint venture agreement for the development of a "big box" shopping plaza.
Acted in arbitration proceedings for two partners of an investment firm regarding serious fraud by a third partner.
Acted for a real estate developer in oppression remedy proceedings brought regarding the development of a 23 acre subdivision.
Acts for major financial institutions and other creditors in the enforcement of security, insolvency and contractual disputes. This includes litigation regarding private and court-appointment receivers, and reorganizations and disputes under the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act.
Acts for U.S. and other international companies in enforcing foreign judgments and orders in Ontario. This includes the enforcement in Ontario of letters of request from foreign courts, as well as representation in Canadian insolvency proceedings and litigation.
Advised on a dispute over priority to a US$57 million mortgage in Barbados, within the context of proposal proceedings.
Brings applications for urgent relief, typically in fraud and/or insolvency litigation.
Has obtained Mareva Injunctions to freeze bank accounts, Anton Piller Orders to seize evidence which may be at risk of being destroyed, and orders for the recovery of property prior to trial.
Repeatedly acted for a major automotive manufacturer in the extremely urgent recovery of industrial equipment unlawfully seized or detained by third parties.
The recovery of a trade secret belonging to a major international prepared food manufacturer, prior to its sale online by a rogue employee, which involved obtaining orders to search and seize evidence from multiple locations connected to the employee.
Acted for a major home appliance manufacturer in the recovery of 6,000 palettes of inventory.
Acted for major financial institutions and companies in obtaining Anton Piller Orders to search for and secure evidence relating to domestic and international frauds.
Acted for a U.S. coal supplier in obtaining access to $33 million of its product.
Represents parties in a number of significant competition law matters, including misleading advertising, price-fixing, and abuse of dominance cases.
Acted for Reliance Comfort Limited Partnership in connection with a private action before the Ontario Superior Court of Justice involving allegations of widespread misleading advertising by a competitor, as well as an abuse of dominance proceeding before the Competition Tribunal.