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Brian N. Radnoff

Toronto Office 130 Adelaide Street West, Suite 2400

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Meet Brian N. Radnoff

Commercial Litigation Lawyer

"To every problem there is a solution. My goal is to find the most efficient and effective solution to my client's problem, no matter how complex."

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Professional Highlights

  • Partner, Lerners LLP (2008 to present)
  • Associate lawyer, Lerners LLP (2003-2007)
  • Seasonal Instructor, Humber College (2003)
  • Associate lawyer, Davies Ward Phillips & Vineberg (2000-2002)
  • Assistant Counsel, Smith Commission of Inquiry, Vancouver (1999-2000)
  • Associate lawyer, Davis & Company, Vancouver (1998-2000)
  • Articling student, Davis & Company, Vancouver (1997-1998)

  • Administrative and Public Law, Tribunals and Commissions
  • Bankruptcy, Insolvency and Creditor Remedies
  • Business and Contractual Disputes
  • Civil and Regulatory Proceedings under the Competition Act
  • Commercial Arbitration
  • Commercial Tenancies and Real Estate Disputes
  • Defamation
  • Directors’ and Officers’ Liability
  • Employment Disputes
  • Estates and Guardianship Litigation
  • Information Technology and Intellectual Property Litigation
  • Professional Negligence and Discipline
  • Securities, Investment Dealer, Financial Advisor Negligence and Discipline
  • Shareholder Disputes

  • Air Canada v. WestJet: counsel for the plaintiff in one of the largest corporate espionage cases in Canada. Lerners successfully obtained interlocutory relief for Air Canada and was also successful in having WestJet's counterclaim against Air Canada dismissed.
  • Astley v. Verdun: counsel for the plaintiff, a director of a chartered bank, in a defamation action against a shareholder activist.
  • Jazz v. Porter and Toronto Port Authority: counsel to one of the parties in a dispute regarding access to the Toronto Island Airport. This involved both a commercial dispute and a judicial review of the TPA's actions in effectively excluding Jazz from operating out of the airport.
  • Zuckerman-Honickman Incorporated v. MPI Packaging Inc.: successfully obtained an interim injunction prohibiting the use of confidential information by a supplier attempting to communicate directly with our client's customers. In a related receivership proceeding, acted for the successful bidder in the leading case in Ontario on whether referential bids can be made in a fixed-bid selling process.

  • Selected by his peers for inclusion in Best Lawyers in Canada in the area of corporate and commercial litigation (2015 - 2017) and defamation and media law (2016 - 2017)
  • Recipient of the 2014 Lexpert Zenith Award for excellence and thought leadership in defamation and media law
  • Adjunct Faculty, University of Toronto Faculty of Law, Upper Year Moot Course (2003-present)

  • “Professionalism Issues when Advising the Privately Held Company”, Law Society of Upper Canada Course, Practice Gems: Essentials of the Privately Held Company, September 29, 2015
  • “Recent Developments in Defamation Law”, The Advocates’ Society 2014 Fall Convention, November 8, 2014
  • “Class Actions: Settlement and Certification”, Fourth Annual Securities Symposium, The Advocates’ Society, September 4, 2014
  • Brian Radnoff and Amy Archer, “Defamation Law in an Electronic World”, in the 2014 US (16th edition) and the 2014 Canadian (18th edition) Lexpert Guides to the Leading Canadian Lawyers
  • “Critical Case Update: The Future of Class Actions by Indirect Purchasers”, Osgoode Hall Law School Conference,  February , 2014
  • “False Labelling and Advertising Claims in the Food, Beverage and Natural Health Products Industry”, Ontario Bar Association 5th Annual Class Action Colloquium, December 2, 2013
  • Brian Radnoff, "SCC decisions may mean more consumer class actions”, AdvocateDaily.com, November 6, 2013
  • “Privilege and Confidentiality in Privately Held Companies” Law Society of Upper Canada Program, Practice Gems: Essentials of the Privately Held Company, September 26, 2013
  • Brian Radnoff, “Absolute privilege is not absolute”, AdvocateDaily.com, June 13, 2013
  • “Know When and By Whom Solicitor-Client Privilege Can be Waived”, Law Society of Upper Canada Program, Professionalism and Practice Management for Business Lawyers, June 4, 2013
  • Brian Radnoff, “Judge finds activist in contempt of court order”, AdvocateDaily.com, June 4, 2013
  • Brian Radnoff, “Dip in securities class actions not a surprise”, AdvocateDaily.com, April 29, 2013
  • “Advanced Contract Design and Contract Management Workshop”, Osgoode Hall Law School Conference,  Advanced Legal and Practical Issues in Public Procurement, January 31, 2013
  • “Where Should the Case Be Heard?”,  Osgoode Hall Law School Program, Foreign Parties in Ontario Proceedings: Challenges and Solutions for Civil Litigators, May 29, 2012
  • “Dealing with Costs”, Law Society of Upper Canada Program, April 3, 2012
  • “Professionalism and Practice Management for Business Lawyers”, Law Society of Upper Canada Conference, December 12, 2011
  • “Discovery Plans: Making the Most of a New Tool”, Osgoode Hall Law School Conference, November 29, 2011
  •  Brian Radnoff, “Certification of Competition Class Actions”, Class Action Volume VII, No. 4, 2010, Federated Press
  • Don Jack and Brian Radnoff, “Vertical Restrictions and Private Actions in North America: A Tale of Two Jurisdictions”, Northwind Professional Institute 2008 Competition Law & Policy Forum
  • Brian Radnoff & Peter Weinstein, "The Role of Accountants in Litigation Involving Investment Advisors," October 21, 2008 Investigative and Forensic Accounting (IFA) Conference
  •  “Case-Management Motions: Mastering the New System", November 23, 2007, The Twelve Minute Civil Litigator, Law Society of Upper Canada
  • Don Jack and Brian Radnoff, "Criminal Complications in Cross-Border Cartel Investigations: Implications of Different Regimes," Corporate Liability, Vol. XII, No. 4, June, 2007
  • “E-Discovery Lessons from Air Canada v. WestJet," September 27, 2006, E-Discovery for Corporate Counsel, Canadian Corporate Counsel Association
  • “The New Costs Regime," July, 2006 Insight Conference for Law Clerks
  • Brian Radnoff, “Sierra Club of Canada Decision,” (2002) 11 (No.3) Environmental Law
  • Brian Radnoff & Kevin Wright, “The Whistleblower Amendments to the Competition Act,” (1998) 4 Competition Law Journal 254
  • David Cohen & Brian Radnoff, “Regulation, Takings, Compensation and the Environment:  An Economic Perspective,” In the Wealth Forests: Markets, Regulation and Sustainable Forestry, ed. Chris Tollefson (U.B.C. Press, Vancouver: 1998)
  • Ross Ellison, Richard Hamilton & Brian Radnoff, “Wallace v. United Grain growers,” CBA (BC Branch), Labour Law Section, December 11, 1997

  • The Advocates’ Society
  • Canadian and Ontario Bar Association
  • Law Society of Upper Canada and British Columbia (non-practicing)

  • Admitted to Ontario Bar (2000)
  • Admitted to B.C. Bar (1998)
  • LL.M Candidate, The University of Toronto
  • Bachelor of Laws, The University of Victoria (1997)
  • Masters of Arts in Economics, The University of Toronto (1994)
  • Bachelor of Commerce, The University of Toronto (1993)

Public speaking, culinary artisan, arts enthusiast.

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