Kirsten Crain

Kirsten Crain  

Partner

Executive Summary

Kirsten Crain is the Regional Group Manager of Commercial Litigation in Ottawa.  Kirsten focuses her litigation practice on commercial cases, health sector litigation, intellectual property litigation, and a wide range of administrative law matters, including litigation before the Patented Medicine Prices Review Board, Canadian Human Rights Tribunal, and the Health Profession Appeal & Review Board.

Representative Work

  • Independent Counsel (co-counsel with Guy Pratte) in the Matter of an Inquiry Committee Constituted Pursuant to s. 63 of the Judges Act into the Conduct of the Honourable Associate Chief Justice Lori Douglas of the Court of Queen’s Bench of Manitoba.
  • Counsel in patent infringement cases before the Federal Court in disputes involving patents in the oil & gas, mining, consumer products and on-line gaming sectors.
  • Counsel before the Patented Medicines Prices Review Board in pricing matters under the Patent Act.
  • Counsel for a major tobacco company in product-liability class action proceedings.
  • Counsel for a national museum in pay equity proceedings before the Canadian Human Rights Tribunal.
  • Counsel for hospitals in privileges disputes with physicians before the Health Professions Appeal and Review Board.
  • Counsel for physicians and hospitals in consent and capacity proceedings before the Consent and Capacity Board, as well as in appeals before the Superior Court of Justice.

Publications & Presentations

  • Speaker, CCLA Civil Litigation Conference (Tremblant) – "Significant Developments in the Law of Expert Evidence (What Every Litigator Needs to Know Now)" – November 2015
  • Speaker, Law Society of Upper Canada (Toronto) – "At Issue for Civil Litigators – What's Trending Now" – October 2015
  • Speaker, Ontario Hospital Association (Toronto) – "Reviews and Disclosures of Incidents: Improving Quality of Care for Patients" – June 2015
  • Co-Author, "The PMPRB – Canada's Patented Medicines Pricing Controls", Life Signs – Life Sciences Legal Trends in Canada, 2014-2015
  • Speaker, OANHSS (Thunder Bay), "Understanding Consent and Capacity Issues in Long Term Care," April 2014.
  • Speaker, The Ontario Hospital Association (Ottawa), "Credentialing Issues for Smaller, Rural and Northern Hospitals: Documentation and Disclosure of Concerns," January 2014.
  • Speaker, Ontario Hospital Association, "Common Credentialing: Panel," Credentialing Conference for Health Care Providers and Trustees, June 2013.
  • Moderator, The Ontario Hospital Association (Ottawa), "Mental Health and the Law," May 2013.
  • Speaker, The Advocates Society (Ottawa) – " Expert Witness Workshop" – March 2013
  • 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.
  • 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.

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).