Brendan Van Niejenhuis

B.A. (Hons.), LL.B.;
Partner, Stockwoods LLP

Litigation Counsel, PCK IP
Lawyer

416-920-8170
416-593-2487

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Brendan practices exclusively as a litigator, representing PCK clients in complex disputes and bringing insights from various dispute resolution contexts to his intellectual property litigation practice. He has acted in numerous complex regulatory matters, representing both sides in fields such as securities, energy regulation, and professional discipline. Additionally, he regularly handles commercial disputes and high-profile public law cases, and has advised copyright holders, representing authors’ groups before the Supreme Court of Canada in a leading copyright case. Brendan has also litigated numerous patent and trademark disputes across the technology, resource extraction, and consumer goods industries.

Brendan’s core expertise lies in the strategic management of business disputes, particularly those arising from contested intellectual property rights. He understands clients’ business imperatives and quickly identifies effective strategies when court processes or arbitration are necessary. His work has been widely recognized by peers and clients, earning him regular rankings among Ontario’s leading litigators by organizations such as Chambers Global, Best Lawyers, and LEXPERT. Chambers Global described him as “smart, business-savvy, and a good communicator.” Before entering practice, Brendan was a law clerk at the Supreme Court of Canada. He provides litigation services through the leading boutique firm Stockwoods LLP, where he is a partner.

Brendan’s trial and hearing experience is extensive. He litigates intellectual property cases involving trademarks, patents, and copyright, as well as disputes over confidential information, shareholder issues, administrative and regulatory matters, and general commercial litigation or arbitration. He practices regularly before the Ontario courts, the Federal Court, and various provincial and federal regulatory tribunals.

Brendan has been an Adjunct Professor of Law at Queen’s University Faculty of Law and Osgoode Hall Law School for over a decade. He previously clerked for the Hon. Frank Iacobucci at the Supreme Court of Canada. Brendan has received numerous honors, including rankings in Chambers Global, Best Lawyers, and Benchmark Litigation, as well as awards from LEXPERT and Precedent magazine. He frequently speaks on matters of professional interest.

EDUCATION

Bachelor of Laws, University of Toronto
Bachelor of Arts (Hons.) (Classics), University of Toronto

MEMBER

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

PUBLICATIONS

“Recent Developments of Importance: Corporate-Commercial Litigation” (with Paul Le Vay and Justin Safayeni), in 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 dat
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, 201
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, 2012-201
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 AdjudicationProgram 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