Kirsten Crain

Kirsten Crain  


Executive Summary

Kirsten Crain is a partner in BLG's Ottawa office. 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.

Kirsten is a regular presenter at The Advocates' Society and Law Society of Ontario conferences.

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

  • Counsel for pharmaceutical companies in a patent infringement case, Janssen Inc. and Millennium Pharmaceuticals Inc. v. Teva Canada Limited and Minister of Health.
  • 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, [2018] F.C.J. No. 567.
  • 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 to health sector institutions in inquests under the Coroners Act.
  • 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, "Best Practices in Medical Malpractice Litigation," Law Society of Ontario (Toronto), June 2018.
  • Panelist, "Demonstration and Commentary: Examining and Cross-Examining Experts," Advocacy in Ottawa Symposium: Superior Court, Federal Court and Beyond, The Advocates' Society, May 11, 2018.
  • Co-Chair, "Women in Litigation Symposium," The Advocates' Society, February 2017.
  • 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 in the 2019 (and in 2018 and 2016) edition of Canadian Legal Lexpert® Directory​ (Litigation - Corporate Commercial). Also recognized in the 2018 edition (and since 2017) (Litigation - Public Law) and in the 2018 edition (and since 2013) (Medical Negligence).
  • Recognized in the 2019 edition of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a Future Star.
  • Recognized in Acritas Stars 2019: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel).
  • Recognized in the 2020 edition (and since 2016) of Best Lawyers in Canada (Administrative and Public Law, Corporate and Commercial Litigation, Health Care Law, Medical Negligence).
  • Recognized as a leading litigator in the 2018 edition of the Lexpert®/Report on Business Special Edition on Litigation.
  • Recognized in the 2018 edition (and since 2015) of Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Ontario." 
  • Recognized as the 2017 Ottawa Medical Negligence Lawyer of the Year by The Best Lawyers in Canada®.