Kirsten Crain

Kirsten Crain  

Partner

Executive Summary

Kirsten Crain is the Regional Group Manager of Commercial Litigation in Ottawa. Kirsten's broad litigation practice includes commercial cases, intellectual property litigation, health sector cases and a wide range of administrative law matters, including litigation before the Patented Medicine Prices Review Board, the Canadian Human Rights Tribunal, and the Health Professions Appeal & Review Board. She has conducted trials and appeals in both Federal Court and in the Ontario Superior Court of Justice.

Representative Work

Commercial Litigation

  • Counsel for corporations in the aerospace sector in a tort claim relating to the renewal of a supply agreement, 2Souce Manufacturing Inc. v. United Technologies Corporation, ONSC 4409, July 7, 2017.
  • Counsel for a corporation in the nuclear science sector and a federal Crown Corporation in an injunction proceeding for the delivery of irradiated cobalt pursuant to a supply agreement, Best Theratronics Ltd. v. Canadian Nuclear Laboratories Ltd., [2016] O.J. No. 2398.
  • Trial counsel for a multinational tobacco corporation in class action proceedings relating to the sale of cigarettes, Letourneau c. JTI-MacDonald Corporation, [2015] Q.J. No. 4729.
  • Counsel for an independent Canadian broadcaster in a tort and breach of contract dispute, Allarco Entertainment 2008 Inc. v. Rogers Communications Inc., [2011] O.J. No. 4686, [2010] O.J. No. 1192.
  • Counsel for a research institute in a breach of contract claim relating to a contract for a clinical trial relating to a medical device, Bexley Trading Inc. v. Ottawa Health Research Institute, [2009] O.J. No. 1134, [2008] O.J. No. 5258, [2007] O.J. No. 5097, [2007] O.J. No. 196, [2005] O.J. No. 1694.
  • Counsel for a municipality in a breach of contract claim in connection with the construction of a light rail mass transit system, Siemens Canada Limited, PCL Constructors Canada Inc. and Ottawa LRT Corp. v. The Corporation of the City of Ottawa, [2008] O.J. No. 3741.
  • Counsel for a municipality in a breach of contract claim for the provision of computers and computer services, Toronto (City) v. MFP Financial Services Ltd, [2003] O.J. No. 2532, [2002] O.J. No. 3555, [2002] O.J. No. 2661.
  • Counsel for a minority shareholder in an oppression remedy proceeding relating to executive pay practices, UPM-Kymmene Corp. v. UPM-Kymmene Miramichi Inc., [2002] O.J. No. 2412, [2004] O.J. No. 636 (Ont. C.A.), [2001] O.J. No. 4220.

Intellectual Property Litigation

  • Trial counsel for a provincial Crown Corporation in a patent infringement case in the gaming sector, Safe Gaming Systems v. Atlantic Lottery Corporation and Nova Scotia Provincial Lotteries Corporation , Trial June 2017, decision under reserve.
  • Counsel for a corporation in the mining sector in an intellectual property dispute regarding oilfield technology, Western Oilfield Equipment Rentals Ltd. v. M-I L.L.C , Court File No. T-1056-15.
  • Counsel for a corporation in the food and beverage sector in a trademark and tort claim, LBI Brands Inc. v. Aquaterra Corp ., [2016] O.J. No. 2836.
  • Counsel for a corporation in the mining sector in a patent infringement case, Garford Pty Ltd. v. Dywidag Systems International, Canada Ltd ., [2012] F.C.J. No. 234.
  • Counsel for a songwriter and production company in a breach of copyright case relating to a song entitled, "Who Let the Dogs Out", Williams v. Douglas , [2003] O.J. No. 3009, [2003], O.J. No. 2435.

Administrative Law

  • Counsel for a federal museum in a pay equity complaints before the Canadian Human Rights Commission, and in a related application for judicial review of a decision by the Commission, Canadian Museum of Civilization v. Public Service Alliance of Canada, [2014] F.C.J. No. 289.
  • Co-Independent Counsel for an Inquiry Committee of the Canadian Judicial Counsel in respect of proceedings under the Judges Act regarding Justice Lori Douglas
  • Board Counsel to the Patented Medicine Prices and Review Board in respect of pricing proceedings under the Patent Act , including: In the Matter of Hoechst Marion Roussel Canada Inc. and the medicine "Nicoderm", PMRPB-99-D10-NICODERM April 9, 2010; in the Matter of sanofi-aventis Canada Inc. and the medicine "Penlac Nail Lacquer", PMRPB-07-D2-PENLAC, January 31, 2011; in the Matter of sanofi Pasteur Limited and the medicines "Quadracel and Pentacel", PMRPB-07-D6-QUADRACEL and PENTACEL, June 14, 2012.
  • Counsel for a foreign oil and gas corporation in proceedings before the National Energy Board relating to the approval for a natural gas terminal and pipeline, Emera Brunswick Pipeline Co. (Re) , 2007 LNCNEB 3, and subsequent appeal, Friends of Rockwood Park Inc. v. Emera Inc., [2007] F.C.J. No. 1238 (Fed. C.A.).
  • Counsel for regulated health professionals in respect of disciplinary proceedings before various Colleges.
  • Counsel for health care professionals in hearings and appeals relating to treatment decisions and involuntary status pursuant to the Health Care Consent Act. Counsel for hospitals in hearings and appeals relating to privileges disputes pursuant to the Public Hospitals Act.

Publications & Presentations

  • Speaker, "Significant Developments in the Law of Expert Evidence (What Every Litigator Needs to Know Now)," CCLA Civil Litigation Conference (Tremblant), November 2015
  • Speaker, "At Issue for Civil Litigators – What's Trending Now," Law Society of Upper Canada (Toronto), October 2015
  • Speaker, "Reviews and Disclosures of Incidents: Improving Quality of Care for Patients," Ontario Hospital Association (Toronto), June 2015
  • Co-Author, "The PMPRB – Canada's Patented Medicines Pricing Controls", Life Signs — Life Sciences Legal Trends in Canada, 2014-2015
  • Speaker, "Understanding Consent and Capacity Issues in Long Term Care,", OANHSS (Thunder Bay), April 2014.
  • Speaker, "Credentialing Issues for Smaller, Rural and Northern Hospitals: Documentation and Disclosure of Concerns," The Ontario Hospital Association (Ottawa), January 2014.
  • Speaker, "Common Credentialing: Panel," Credentialing Conference for Health Care Providers and Trustees, Ontario Hospital Association, June 2013.
  • Moderator,"Mental Health and the Law," The Ontario Hospital Association (Ottawa), May 2013.
  • Speaker, " Expert Witness Workshop," The Advocates Society (Ottawa), March 2013.
  • Author, “Time to end Expert Immunity in Canada,” The Advocates' Journal, December 2011.
  • Author, “Canada Regulatory Regimes: Tips on Regulatory Issues,” Managing Intellectual Property, October 2011.
  • Contributing Author, "Life Sciences & Chemical Patent Practice in Canada: A Practical Guide," 3rd Edition, Borden Ladner Gervais LLP, 2011.
  • Speaker, Ontario Trial Lawyers' Association, Female Litigator Panel (Ottawa), March 2010.
  • Speaker, “College Proceedings and Coroners' Inquests,” Masters of Health Law Administration Series (Ottawa), March 2010.
  • Lecturer, “Credentialing and Privileging of Physicians, and Managing Difficult Physicians,” University of Ottawa (Telfer School of Management), May 2008.

Rankings & Recognitions

  • Recognized as the 2017 Ottawa Medical Negligence Lawyer of the Year by The Best Lawyers in Canada®.
  • Selected by peers for inclusion in the 2017 and 2016 editions of The Best Lawyers in Canada® (Health Care Law, Medical Negligence).
  • Recognized in the 2017, 2016 and 2015 editions of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Ontario."
  • Recognized in the 2017, 2016, 2015, 2014 and 2013 edition of The Canadian Legal Lexpert® Directory (Medical Negligence). Also recognized in the 2017 edition (Litigation — Public Law) and the 2016 edition (Litigation — Corporate Commercial).