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, and he has 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 also acted successfully both in obtaining, and resisting, injunctions in the banking, construction and telecommunications industries.

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.
  • Seconded to Volkswagen Group Canada 2014/2015, reporting to the general counsel with respect to product liability, dealer advisory and commercial matters.
  • Successfully acted for an automotive manufacturer in setting aside an arbitral award on the basis of jurisdiction (FCA Canada Inc. v. Pajunen, 2017 ONSC 7223)
  • 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

Bevan is a frequent blogger on the  “THE EXCHANGE: BLG`s Financial Institutions Litigation Blog”. This Blog is geared towards issuers, dealers, insurance and trust companies, banks and other financial institutions.
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  • Author, "'Technically and Substantively Unfair': The Case against Case Splitting in Secondary Market Class Actions," BLG Publications, September 2018.
  • Speaker, “Settlement Approval: the Belobaba Trilogy”, BLG Class Actions Seminar.
  • Speaker, “Dealer Relations and Litigation Update”, BLG Automotive Industry Seminar.
  • NADAP: An ADR System in the Canadian Automobile Industry", Canadian Arbitration and Mediation Journal, Vol 25.
  • Jurisdictional Whack-a-Mole: Overlapping Class Actions and Abuse of Process”, American Bar Association Mass Torts Section.
  • Frequent contributor to BLG client bulletins and The Exchange: Financial Institutions Litigation Blog.
  • Author, "An Unconscionable Thing for One to Do Towards the Other:" The Doctrine of Fraudulent Concealment," The Canadian Bar Review.
  • Speaker, "NADAP and Industry Arbitrations," ADR Institute of Canada Annual National Conference.
  • Author, "An Unassailable Right to Speak:" Class Communications, Opt-out Rights, and the Class Proceedings Act," The Canadian Class Action Review, Irwin Law.
  • Author,  "NADAP: An ADR System in the Canadian Automobile Industry", Commercial Litigation and Arbitration Review.
  • Speaker, "Dealer Litigation Update: Parent Liability, Disclosure and NADAP", BLG Automotive Industry Seminar.
  • Contributor, Securities Law and Practice, Borden Ladner Gervais (looseleaf).
  • Author, "Something More: Promoters, Advisors and secondary market class proceedings" Class Action Defence Quarterly.