Brendan Van Niejenhuis

Brendan van Niejenhuis, lawyer
Of Counsel
Lawyer
Partner, Stockwoods LLP
B.A. (Hons.), LL.B.
+1-416-920-8170

Brendan is Of Counsel at PCK and a partner at Stockwoods LLP, where he is recognized as one of Ontario’s leading litigators. He represents both plaintiffs and defendants in complex business disputes, with a focus on contested intellectual property rights, regulatory investigations, and high-stakes commercial claims. Known for his courtroom presence and clarity under pressure, Brendan has acted in litigation involving patents, trademarks, copyright, securities, energy regulation, and professional discipline.

He has appeared before all levels of court, including the Supreme Court of Canada, where he represented authors’ groups in a precedent-setting copyright case. Brendan’s clients rely on his strategic thinking, credibility with judges, and ability to steer cases toward resolution—whether through litigation or negotiation. He clerked for Justice Frank Iacobucci at the Supreme Court of Canada and has taught advocacy and public law as an Adjunct Professor at Queen’s University and Osgoode Hall Law School for over a decade.

PRACTICE FOCUS

Brendan’s practice focuses on intellectual property and commercial litigation, including matters involving patents, trademarks, copyright, and confidential information. He also advises and represents clients in shareholder disputes, regulatory hearings, administrative proceedings, and general commercial litigation. He appears regularly before the Ontario Superior Court, the Federal Court, and provincial and federal tribunals. Brendan also acts in arbitration proceedings and is often called on for disputes involving overlapping legal frameworks, reputational risk, or business-critical IP enforcement.

EDUCATION

  • Bachelor of Laws, University of Toronto
  • Bachelor of Arts (Honours), Classics, University of Toronto

MEMBERSHIPS

  • Law Society of Ontario (LSO)
  • Canadian Bar Association (CBA)
  • Toronto Lawyers’ Association (TLA)
  • The Advocates’ Society (TAS)

AWARDS

  • Ranked, Chambers Global, Litigation: General Commercial
  • Recognized, Best Lawyers in Canada, Intellectual Property and Administrative Law
  • Ranked, Benchmark Litigation, Litigation Star
  • Recognized, LEXPERT, Leading Lawyer in Litigation
  • Precedent Magazine, Precedent Setter Award

LEADERSHIP

  • Adjunct Professor, Osgoode Hall Law School, Present
  • Co-Chair, Osgoode Annual National Forum on Administrative Law & Practice, 2012–Present
  • Coach, SOAR/Osgoode Certificate in Adjudication Program for tribunal members, 2012

PUBLICATIONS

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

SPEAKING ENGAGEMENTS

  • Third-Party Funding Agreements, Osgoode Professional Development, Class Actions Conference, 2017
  • Interim Orders, Osgoode Professional Development, Prosecuting and Defending Professional Discipline Cases, 2017
  • Current Plaintiffs’ Issues, OBA 8th Annual Class Action Colloquium, 2016
  • Lessons from the G20 Toronto Police Discipline Prosecutions, 14th Annual Police Adjudicators and Prosecutors Seminar, 2016
  • Expert Forum on International Comity, Philippe Kirsch Institute, 2016
  • Essential Considerations for Using Expert Witnesses, OBA, Evidence for Litigators Conference, 2015
  • OBA Annual Conference on Constitutional Law, 2014
  • Efficiency in Tribunal Hearings, Canadian Institute, Law of Policing, with Joseph Markson and Gary Melanson, 2013
  • Association of Law Officers of the Crown Conference, 2012–2013
  • Judicial Review of Commercial Decisions, Osgoode National Forum on Administrative Law and Practice, with Sarit Batner and Brandon Kain, 2012
  • The Erosion of the Simplicity of Dunsmuir, Osgoode National Forum on Administrative Law and Practice, Panel Moderator, 2012
  • Recent Developments in Administrative Law, Conference of Ontario Boards and Agencies, with Lorne Sossin, David Stratas, and Freya Kristjanson, 2009
  • Panel Discussion on Expert Witnesses after the Goudge Report, Association of Law Officers of the Crown, 2011
  • Panel Discussion on Concurrent Civil and Regulatory Proceedings, Canadian Institute, Securities Litigation and Enforcement Conference, 2011
  • Witness Preparation and Cross-Examination Pitfalls, Ontario Securities Commission, Enforcement Branch Training, 2011
  • Crown’s Duty to Consult Aboriginal Communities, Osgoode Professional Development, Crown Liability Conference, 2011
  • Emerging Issues in Police Liability to Employees, Canadian Institute, Law of Policing Conference, 2010
  • Disclosure Issues, Osgoode Professional Development, Prosecuting and Defending Professional Discipline Cases, with David Hausman and Mary Thomson, 2009

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