Bevan Brooksbank  

Senior Associate

Executive Summary

Bevan Brooksbank is a senior associate in the commercial litigation and arbitration group at Borden Ladner Gervais. He maintains a broad commercial litigation practice with an emphasis on the defence of class proceedings. He has appeared before all levels of courts in Ontario, acted on arbitrations, as well as professional disciplinary tribunals. Bevan has experience in the litigation and arbitration of  shareholder and contractual disputes, oppression remedy litigation, franchise disputes, and the defence of class proceedings, with a focus on the Canadian automotive sector. He has acted successfully both in obtaining, and resisting, injunctions in the banking, construction and telecommunications industries.

In 2015, Bevan acted on a client secondment to Volkswagen Group Canada reporting to the general counsel.

While attending law school, Bevan received the Rubenstein Prize for the highest standing in restitution law and graduated in the top 10% of the 2008 class.

Representative Work

  • Acts for companies and individuals in corporate commercial, securities and product liability litigation.
  • Acts for financial institutions with respect to CCAA Plans of Arrangement on the Commercial List.
  • Acts for companies in defence of class proceedings, with experience in the automotive, franchise, secondary market securities, and consumer goods sectors.
  • Advises and acts for companies enjoining payment under letters of credit.
  • Acts for, and advises, Canadian automobile manufacturers with respect to risk management and arbitrations brought nationally under the National Automobile Dealer Arbitration Program ("NADAP"); experience has included working with the Volkswagen, Audi, Porsche, Lamborghini, Fiat Chrysler, Toyota, Jaguar/Land Rover, Hyundai and Kia brands.
  • Defeated an application to set aside an arbitral award for funds owing under a share purchase agreement.
  • Successfully acted for clients in seeking injunctions in the banking, construction and telecommunications industries (see Bell Canada v. Cogeco Cable Canada, 2016 ONSC 6044).
  • Successfully acted for putative franchisee class members in appealing a motion to invalidate an opt-out period in the Ontario Court of Appeal ( 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2013 ONCA 279 (C.A.) reversing 2012 ONSC 4317 (S.C.J.)).
  • Acted for an automobile manufacturer in defending and settling national class proceedings, and in responding to inquiries from the Competition Bureau.
  • Successfully represented a corporate defendant at trial before the Superior Court of Justice (Commercial List) involving oppression remedy and conspiracy claims (D'Addario v. EnGlobe Corp., 2012 ONSC 1918 (Commercial List) aff'd 2014 ONCA 376 (C.A.)).
  • Successfully represented a franchisor in obtaining summary judgment in a nation-wide class proceeding (Fairview Donut Inc. v. The TDL Group Corp., 2012 ONSC 1252 (S.C.J.) aff'd 2012 ONCA 867 (C.A.)).
  • Acted for foreign corporate defendants in contesting jurisdiction in a secondary market securities class action, and a professional liability class action and related Institute of Chartered Accountants of Ontario ("ICAO") disciplinary hearing.
  • Assisted in preparation for trial before the Ontario Superior Court of Justice (Commercial List) concerning interpretation of a credit-default swap agreement in the asset-backed commercial paper market.

Publications & Presentations

  • Author, "An Unconscionable Thing for One to Do Towards the Other:" The Doctrine of Fraudulent Concealment," The Canadian Bar Review, December 2015.
  • Speaker, "NADAP and Industry Arbitrations," ADR Institute of Canada Annual National Conference, October 2014.
  • Author, "An Unassailable Right to Speak:" Class Communications, Opt-out Rights, and the Class Proceedings Act," The Canadian Class Action Review, Irwin Law, 2013.
  • Author,  "NADAP: An ADR System in the Canadian Automobile Industry", Commercial Litigation and Arbitration Review, August 2016.
  • Speaker, "Dealer Litigation Update: Parent Liability, Disclosure and NADAP", BLG Automotive Industry Seminar, June 8 2016.
  • Contributor, Securities Law and Practice, Borden Ladner Gervais (looseleaf)
  • Author, "Something More: Promoters, Advisors and secondary market class proceedings" Class Action Defence Quarterly, Fall, 2016