Brandon Kain is a partner in our Litigation Group in Toronto. His practice focuses on appellate litigation, administrative and regulatory law, commercial litigation and class actions. He has successfully acted for a wide variety of clients in major litigation, including AstraZeneca Pharmaceuticals, Bell Canada, Cathay Pacific Airways, Chrysler, HSBC Holdings, Lundbeck, the Ontario Lottery and Gaming Corporation and Syngenta.
He has extensive experience in appellate advocacy, having acted in 16 appeals before the Supreme Court of Canada, as well as cases in the Federal, British Columbia and Ontario Courts of Appeal. Seven of his cases have been included in Lexpert Magazine’s annual list of the Top 10 Business Decisions in Canada, with three ranked #1. He is co-founder of our National Appellate Litigation Group and editor-in-chief of its award-winning blog, Canadian Appeals Monitor. Brandon frequently acts in judicial reviews and administrative appeals. He delivered the oral argument for Bell Canada and the National Football League on the standard of review in the Supreme Court of Canada’s administrative law trilogy, heard December 4- 6, 2018. He has also acted in several other leading administrative law cases, including: Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40; Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54; Green v. Law Society of Manitoba, 2017 SCC 20; Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34; and Air Canada v. Toronto Port Authority, 2011 FCA 347.
Brandon is a regular writer and speaker on legal issues. He has written or co-written articles in the Advocates’ Quarterly, Alberta Law Review, Annual Review of Civil Litigation, Banking and Finance Law Review, Canadian Bar Review, Canadian Business Law Journal and Supreme Court Law Review. His publications have been cited in 14 cases by the Supreme Court of Canada and the Alberta, British Columbia, Manitoba, Ontario and Quebec courts. In addition, he has presented for the Canadian Bar Association, the Canadian Centre for Ethics & Corporate Policy, Canadian Defence Lawyers, the Canadian Energy Law Foundation, the Canadian Institute, the Commons Institute, the Law Society of Upper Canada, Osgoode Professional Development, the Prospectors and Developers Association of Canada and the University of Toronto Faculty of Law.
Brandon obtained his LL.B. (Honours) from the University of Toronto in 2003, where he received the Fasken Martineau DuMoulin LLP Award for Academic Excellence in first year, and graduated with Honours Standing. He also obtained his MA in philosophy from the University of Toronto in 1999 and his BA (First Class Honours) in philosophy from Queen's University in 1998.
