Brendan van Niejenhuis

LL.B., B.A. (Hons.)
Lawyer (Ont)
+1-416-920-8170

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Brendan acts for PCK clients whose disputes require litigation to resolve. His practice is exclusively oriented to litigation, and his services are provided through the leading boutique litigation firm of Stockwoods LLP where he is a partner.

Brendan’s trial and hearing experience is extensive. He acts in intellectual property litigation involving trademarks, patents and copyright, as well as the protection of confidential information, shareholder and other corporate disputes, administrative/regulatory issues and ordinary commercial litigation or arbitration matters. He practices regularly before the Ontario courts as well as the Federal Court and numerous provincial and federal regulatory tribunals.

Brendan has been an Adjunct Professor of Law at Queen’s University Faculty of Law and at Osgoode Hall Law School for over a decade. Prior to his current position, he was a law clerk to the Hon. Frank Iacobucci of the Supreme Court of Canada. He has been recognized with a variety of honours, including rankings in Chambers Global, Best Lawyers and Benchmark Litigation, and awards from LEXPERT and Precedent magazine for his career accomplishments. He regularly speaks on matters of professional interest.

EDUCATION

Bachelor of Laws, University of Toronto Faculty of Law, 2001
Bachelor of Arts (Hons.), University of Toronto, 1998

MEMBER

Adjunct Professor, Osgoode Hall Law School
Barrister and Solicitor, Law Society of Ontario
The Advocates’ Society
Canadian Bar Association
Toronto Lawyers’ Association

PUBLICATIONS

Recent Developments of Importance: Corporate-Commercial Litigation (with Paul Le Vay and Justin Safayeni), The 2013 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
The Real Federalism Problem with Crime Legislation, Maclean’s, November 15, 2011
Making and Writing Effective Tribunal Decisions and Reasons (with Brian Gover and Johanna Braden), Fundamentals of Administrative Law and Practice, Canadian Institute, 2004 (delivered and republished in updated form in 2005, 2006, 2007, 2008, 2009)
CEO in the Crosshairs: Representing Chief Executive Officers in Regulatory Proceedings (with Brian Gover), presented to The Advocates’ Society Fall Convention, 2004
Protecting Commercial Confidentiality With Sealing Orders After Sierra Club, 2003 (IX: 2 Commercial Litigation 463)
Liability of Certifying Officers Under Sarbanes-Oxley and Bill 198: Preserving Actual Knowledge, 2003 (VII:4 Corporate Liability 443)

SPEAKING ENGAGEMENTS

Co-Chair, Osgoode Annual National Forum on Administrative Law & Practice(with Lorne Sossin and Sean Gaudet), 2012 to date
Speaker, “Interim Orders”, Osgoode Professional Development annual program on Prosecuting and Defending Professional Discipline Cases, 2017
Speaker, “Third-Party Funding Agreements”, Osgoode Professional Development Annual Class Actions Conference, 2017
Panelist, “Current Plaintiffs’ Issues”, OBA 8th Annual Class Action Colloquium, 2016
Lecturer, “Lessons from the G20 Toronto Police Discipline Prosecutions”, 14th Annual Police Adjudicators & Prosecutors Seminar, 2016
Panelist, Philippe Kirsch Institute Expert Forum on International Comity in Canadian Law, 2016
Speaker, “Essential Considerations for Using Expert Witnesses”, OBA Evidence for Litigators conference, 2015
Speaker, Association of Law Officers of the Crown Conference, 2012-2014
Speaker, OBA Annual Conference on Constitutional Law, 2014
Panelist (with Joseph Markson and Gary Melanson), “Efficiency in Tribunal Hearings”, Canadian Institute Conference on The Law of Policing, 2013
Panelist (with Sarit Batner and Brandon Kain), “Judicial Review of Commercial Decisions”, Osgoode National Forum on Administrative Law and Practice, 2012
Panel Moderator (with the Hon. Mr. Justice Evans, Chris Bredt and Robert Danay), “The Erosion of the Simplicity of Dunsmuir: Shifts and Drifts in the Standard of Review”, Osgoode National Forum on Administrative Law & Practice, 2012
Coach, SOAR/Osgoode Certificate in Adjudication Program for tribunal members, 2012
Panelist, Panel Discussion on Expert Witnesses after the Goudge Report, Association of Law Officers of the Crown Conference, 2011
Panelist, Panel Discussion on Concurrent Civil and Regulatory Proceedings, Canadian Institute Conference on Securities Litigation and Enforcement, 2011
Speaker, Lecture on Witness Preparation and Cross-Examination Pitfalls, Ontario Securities Commission Enforcement Branch Training, 2011
Panelist, Panel Discussion on the Crown’s Duty to Consult Aboriginal Communities, Osgoode Professional Development Conference on Crown Liability, 2011
Speaker, Presentation on Emerging Issues in Police Liability to Employees, Canadian Institute Conference on The Law of Policing, 2010
Panelist (with Lorne Sossin, David Stratas and Freya Kristjanson) Panel Presentation “Recent Developments in Administrative Law”, Conference of Ontario Boards and Agencies, 2009
Panelist, Panel Discussion on Disclosure Issues (with David Hausman and Mary Thomson), Osgoode Professional Development Conference on Prosecuting and Defending Professional Discipline Cases, 2009