Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- Queen's University (2010) JD (Dean's Honours List)
- Queen's International Study Centre (UK) (2008) Certificate in Public International Law (Dean's Honours List)
- University of Toronto (2007) BA (Honours - International Relations and Economics)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Brian Kolenda
is a partner at Lenczner Slaght.
"Brian has proven himself to be an exceptional advocate, a strong project manager, and a trusted advisor who gives practical advice in the face of complex issues." — Client
Brian works with his clients to help them solve some of their most challenging problems. As a commercial litigator, Brian is regularly called upon by his clients in complex business disputes, class actions, securities, insolvency matters and reputation management and defamation. His clients include leading Canadian and international businesses, financial institutions, major private companies, securities and other professionals, and government agencies. He has a particular expertise in cases involving fraud and complex financial instruments.
Brian acts as lead counsel at trial, on appeal, in arbitrations and in administrative tribunals. He appears at every level of court in Ontario and British Columbia, in the Federal Court, and at the Supreme Court of Canada.
Brian was the Editor-in-Chief of the Queen's Law Journal and a member of the Queen’s Law Jessup International Law moot team. He now coaches the Queen’s Law Ontario Trial Lawyers’ Association Moot team.
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Lundin Mining Corporation v Dov Markowich
Counsel to the intervenor, CFA Societies Canada, at the Supreme Court of Canada in a matter that considers the definition of “material change” under the Securities Act.
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In the Matter of Nicholas Agar and Paul Ungerman
Counsel to the co-founder of a cryptocurrency and blockchain project that was the subject of an investigation by a Canadian securities regulator in relation to concerns that have been raised about the status of the cryptocurrency as a security, prospectus exemption requirements and representations that were made to those who have purchased the cryptocurrency.
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Mueller v Nissan Canada Inc et al
Co-counsel to the plaintiff in a certified class action related to timing chains.
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Counsel to the applicant, EY, in successfully obtaining an order for the repayment of stolen funds, fraudulently obtained by way of a sophisticated cyberfraud scheme.
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Bluemoon Capital Ltd v Ceridian HCM Holding Inc et al
Counsel to applicant in Norwich application seeking information relating to the acquisition of Lifeworks.
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Counsel to investor in arbitration regarding oppression and dissent claims.
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Urban Mechanical Contracting Ltd et al v Zurich Insurance Company Ltd
Counsel to Zurich in an appeal from several applications brought by the lenders and subcontractors on the St. Michael’s Hospital Redevelopment Project in Toronto. The lenders and subcontractors sought to prevent Zurich from seeking rescission of surety bonds worth nearly $300 million in a separate action. The Court of Appeal dismissed the appeal, allowing Zurich to continue with its action for rescission.
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Counsel to York University in judgment enforcement proceedings arising from a multi-million dollar fraud against the University. Most recently, successfully resisted an application by a judgment debtor which sought to drawn down equity in assets available to York for enforcement purposes.
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Counsel for Canopy Growth Corporation in an insolvency of PharmHouse Inc., a cannabis greenhouse joint venture.
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Defence of a product liability action including allegation of negligent design and manufacture of a multi-million-dollar electric arc furnace.
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The Advocates' Society - Member-at-Large of the Commercial Litigation Practice Group (2021-2022); 10+ Standing Committee Member (2019-2021)
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Ontario Securities Commission - Securities Proceedings Advisory Committee (2024-2027)
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OTLA Trial Advocacy Moot, Queen's University - Coach
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Canadian Bar Association
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Ontario Bar Association
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University of Toronto - Sessional Lecturer (Department of Political Science) - International Law (Former)
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5-Year Retrospective: Securities Litigation
The blog, 5-Year Retrospective: Securities Litigation, co-authored by Brian Kolenda and Jonathan McDaniel was published on commerciallist.com as part of the Commercial List Year in Review: 5-Year Retrospective (2021-2025) guide. In this blog, they clarify the important points for issuers, underwriters, and securities lawyers to keep in mind in all kinds of securities litigation and regulatory proceedings — from when the OSC can have a receiver appointed, to underwriters’ indemnity rights, to how securities class actions can proceed against insolvent issuers.
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Practical Takeaways from the 2026 Annual Review of Insolvency Law Conference
The 2026 Annual Review of Insolvency Law Conference (ARIL) brought together judges, practitioners, and academics to discuss developments in restructurings, bankruptcies, and receiverships. While the panels covered a wide range of topics, three themes stood out as particularly relevant to day-to-day practice:
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Trials on Trial: A New Vision for Adjudication in Ontario
If the Civil Rules Review Working Group’s proposals for reforms to the Rules of Civil Procedure (summarized here) are adopted, trial practice in Ontario will undergo significant changes. Key aspects of those proposed reforms from the Final Policy Report released include:
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In secondary market misrepresentation cases, materiality does an enormous amount of work. It is the gatekeeper: no material misrepresentation, no liability. Courts therefore look for proxies – ways of inferring whether an alleged misstatement was “reasonably expected to have a significant effect on the market price or value of the securities.”
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We have closely tracked the Civil Rules Review Working Group and its mandate to overhaul Ontario’s civil justice process.
Building on earlier proposals (which we have covered here), and after extensive consultation with stakeholders (see here), the Working Group released its Final Policy Report on December 15, 2025.
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Supreme Court: Public Disclosure Must Level the Playing Field Between Companies and Investors
In Lundin Mining Corp v Markowich, the Supreme Court of Canada delivered a significant ruling on the scope of disclosure standards for public companies in Canada, holding that disclosure standards should be interpreted broadly and flexibly to deter informational asymmetry between issuers and investors.
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Updated Proposals for Changes to Ontario’s Rules of Civil Procedure Are Coming
On April 1, 2025, the Civil Rules Review Working Group proposed significant changes to Ontario’s Rules of Civil Procedure in its Civil Rules Review Phase 2 Consultation Paper with the goals of improving efficiency, reducing costs, and enhancing access to justice. The Working Group’s original hope was that the proposed reforms, which Lenczner Slaght has previously summarized here, would take effect in January 2026.
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Canada’s federal structure means national class actions naturally raise potential constitutional questions. Those questions become potentially more thorny where a class action is pursued not on behalf of individuals across multiple provinces and territories, but instead provincial and territorial governments themselves. The Supreme Court’s recent decision in Sanis Health Inc v British Columbia addressed many of those concerns and ultimately defined a broad scope for national class proceedings, including where a proposed class includes other provincial or territorial governments.
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Aroma of Controversy: Stirring Up Arbitrator Disclosure Duties
The Ontario Court of Appeal’s decision in Aroma Franchise Company Inc v Aroma Espresso Bar Canada Inc has reshaped the disclosure obligations of... -
As widely reported by the likes of CBC, the Guardian, the Verge and CNBC, OpenAI has indicated they will “pause” the use of their AI-generated voice after users (and Scarlett Johansson herself) noted the striking similarity to Scarlett Johansson's voice from the film “Her”. This connection may have been intentional, OpenAI’s CEO, Sam Altman, posted a one-word message – “her” – on his social media on the day the AI-generated voice was unveiled.
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Lenczner Slaght Celebrates 25 Years on the Lexpert Bull’s-Eye
The 2026 Canadian Legal Lexpert Directory continues to recognize Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation.
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Practical Takeaways from the 2026 Annual Review of Insolvency Law Conference
Matthew Lerner, Brian Kolenda, Christopher Yung, and Ravneet Minhas were featured in Insolvency Insider Canada, which reshared their blog on key takeaways from the 2026 Annual Review of Insolvency Law Conference. Our expert litigators highlight three insolvency themes that can help legal counsel approach exceptional relief, manage greater attention to process and privilege, and respond to Companies’ Creditors Arrangement Act protections.
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11 Lenczner Slaght Litigators Recognized in Lexpert 500 Cross Border
The 2026 edition of Lexpert's Leading 500 Cross-Border Lawyers features 11 of our preeminent lawyers, reflecting their exceptional advocacy and the trusted counsel they provide to clients navigating complex, high-stakes cross-border disputes.
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Lenczner Slaght Recognized in Legal 500 Canada for Litigation Excellence
As Canada’s leading litigation firm, we are proud to maintain our Tier 1 ranking in Dispute Resolution in Legal 500 Canada.
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Lenczner Slaght Recognized as Canada’s Leading Litigators
Based on an in-depth peer review process across the legal profession, 26 Lenczner Slaght lawyers are recognized in the 2025 Lexpert Special Edition: Canada’s Leading Litigation Lawyers for their exceptional advocacy and extensive courtroom experience.
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Navigating Proposed Reforms to Ontario’s Rules of Civil Procedure
Brian Kolenda was interviewed by Canadian Lawyer, where he discussed how the proposed reforms to Ontario's Rules of Civil Procedure could influence client strategy and reshape how litigators plan, assess, and resolve complex disputes.
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Chambers Canada Highlights Lenczner Slaght’s Excellence in Advocacy
Canada’s leading litigation firm continues to be recognized in world-renowned directory, with new rankings highlighting its deep bench of expertise.
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Lenczner Slaght Litigators Featured Among Best Lawyers in Canada
The 2026 edition of Best Lawyers in Canada recognizes Lenczner Slaght with 180+ rankings, featuring 48 of our expert litigators across 27 practice areas.
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2025 Lexpert Directory Highlights Lenczner Slaght’s Excellence in Advocacy
Peers and senior members of the legal profession across the country continue to recognize the depth and breadth of Canada’s leading litigation firm in the latest 2025 Canadian Legal Lexpert Directory.
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Lenczner Slaght’s 24th Year at the Centre of the Lexpert Bull’s Eye
The 2025 edition of Lexpert's Leading 500 Cross-Border Lawyers: A Guide to Doing Business in Canada continues to recognize Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation.
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Commercial List Year in Review 5-Year Retrospective (2021-2025)
This guide offers data-driven analysis on all decisions published on CanLII from 2021-2025, an overview of the top 10 noteworthy cases, as well as key developments in insolvency matters, shareholder disputes, injunctions, and securities litigation.
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2025 Snapshot: Through the Lens of Lenczner Slaght
We’ve released our 2025 Snapshot, highlighting the most significant developments, decisions, and trends in litigation from the past year across 21 practice areas. Reflect on 2025 and look ahead to 2026 through the lens of our expert litigators.
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Prosecuting and Defending Professional Discipline Cases 2025
Jaan Lilles and Brian Kolenda were invited to share their expertise at OsgoodePD's annual program on professional discipline hearings. Jaan discussed Assessing the Regulator’s Duties and Powers.
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2024 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2024 Snapshot, which highlights the most significant developments, decisions, and trends in litigation from the past year across 20 areas of expertise. Reflect on 2024 and look ahead to 2025 through the lens of our expert litigators.
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14th Annual Securities Symposium
Brian Kolenda was invited to share his expertise at The Advocates’ Society’s Annual Securities Symposium on new developments and emerging issues in securities litigation. Brian presented on the panel “Emerging Trends in Shareholder Activism and ESG Litigation”.
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2023 Snapshot: Through the Lens of Lenczner Slaght
Lenczner Slaght launches our 2023 Snapshot, a look at the most significant developments, decisions, business takeaways, and trends in litigation from the last year, across 15 practice areas. Revisit 2023 and look ahead to 2024 through the lens of our expert litigators.
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Monique Jilesen and Brian Kolenda shared their expertise at The Advocates' Society's annual program on Class Actions Advocacy, co-chaired by Jonathan Chen. The program offered the latest developments, comparative legislation, and multi-jurisdictional challenges in class actions. Monique presented on "Cross Examination of Experts: Advanced Skills," while Brian presented on "Lightning Round: Case Law Updates in Class Actions Litigation".
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Canadian Contract Law: Essential Updates and Practical Analysis
Brian Kolenda was invited to share his expertise at Osgoode PD's "National Annual Symposium on Canadian Contract Law". Brian discussed Recent Developments on Good Faith in Contracts.
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The Twelve-Minute Civil Litigator 2022
Brian Kolenda shared his expertise at the Law Society of Ontario's annual program, "The Twelve-Minute Civil Litigator". Brian presented on Injunctive Relief in the Age of Cryptocurrency.
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Brian Kolenda shared his expertise at the 2022 ARIL Virtual Conference. He presented on the panel "To Supply or Not to Supply: What are the Questions?".
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Lexpert Rising Stars (2022)
Leading Lawyers Under 40
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Best Lawyers in Canada (2022-2026)
Corporate & Commercial Litigation, Defamation and Media Law, Director and Officer Liability Practice, Securities Law
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Borden Ladner Gervais Professional Excellence Award (2010)
Queen's University
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Canadian Legal Lexpert® Directory (2019-2026)
Class Actions (2025), Litigation - Corporate Commercial, Litigation - Directors' & Officers' Liability (2025), Litigation - Securities, Defamation & Media, Professional Liability (2019)
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Chambers Canada (2025-2026)
Litigation: Securities (Ontario)
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Dan Soberman Outstanding Young Alumni Award (2018)
Queen's University
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Lexology Index: Commercial Litigation (2018-2025)
Future Leader
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Lexpert Guide to the Leading 500 Cross-Border Lawyers in Canada (2025-2026)
Corporate Commercial Litigation
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Lexpert Special Edition: Canada's Leading Insolvency and Restructuring Lawyers (2024-2025)
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2023-2025)
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