Kate Findlay
Admitted to the Ontario Bar: 2009
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Toronto
- Bio
- Awards & Recognition
- Professional Involvement
- Representative Matters
- Selected Publications
- Insights
- Education
Kate is a skilled litigator, problem solver and strategic advisor who is passionate about developing and executing litigation plans centred around her clients’ business objectives. A naturally curious and effective collaborator, Kate’s ability to distill complex situations down to actionable terms stems from developing a foundational understanding of her clients’ core business and her nuanced understanding of the law. Kate is best known for providing outstanding service and trusted, pragmatic advice to clients facing critical legal and business issues.
Kate is a member of the firm’s Litigation & Dispute Resolution Group. Her commercial litigation practice includes corporate, securities, competition, banking, insurance defence, telecommunications, professional liability and privacy disputes. Kate has acted as lead counsel before all levels of court in Ontario and has represented clients before courts in Alberta and British Columbia, numerous administrative boards, tribunals and the Supreme Court of Canada. She has significant class action defence and arbitration experience representing both domestic and multinational clients.
Kate’s product liability practice includes the defence of class proceedings and individual actions on behalf of clients in the manufacturing, pharmaceutical and life sciences sectors. She also provides regulatory advice to businesses involved in the manufacturing, importation, supply and sale of food and consumer products, including in matters of regulatory compliance, product claims, labelling, ESG risk and best practices, product recalls and risk management.
Awards & Recognition
- Recognized in The Best Lawyers in Canada in the field of Health Care Law
Professional Involvement
Memberships
- Canadian Bar Association
- Ontario Bar Association
- The Advocates’ Society
Teaching Engagements
- Former Adjunct Professor, Queen’s University, Faculty of Law – Trial Advocacy
Representative Matters
Represented a pharmaceutical company in a successful trial decision dismissing allegations pertaining to the negligent design and manufacture of a vaccine product.
Represented the manufacturer and distributor of a natural health product in defence of a class action alleging misleading advertising claims pursuant to consumer protection legislation and the Competition Act.
Represented a telecommunications company in defence of a class action brought by customers alleging overpayment of prepaid charges.
Represented a global engineering, procurement and construction firm in defence of a shareholder class action bringing statutory causes of action under the Securities Act for misrepresentation in the secondary market.
Represented a pharmaceutical company in a summary judgment motion and before the Ontario Court of Appeal in defence of product liability claims relating to an antidepressant.
Represented a global financial institution in its successful summary judgment motion obtaining dismissal of a negligence claim, successful defence of appeal to summary judgment motion, including successful cross-appeal with respect to costs.
Represented an intervener in an action dealing with the constitutionality of CPSO policies requiring physicians to provide an "effective referral" to patients.
Represented a telecommunications company in numerous arbitrations in the successful defence of and prosecution of misleading advertising claims pursuant to the Competition Act.
Represented numerous physicians in the defence of a variety of types of medical malpractice actions, College of Physicians and Surgeons of Ontario and Health Professions Appeal and Review Board matters, including successful trial decision, appeal decision, summary judgment motions and divisional court applications.
Regulatory advice regarding risk management, labelling and product recalls with respect to food and consumer products, including adult and children’s clothing, food, sporting equipment, furnaces, children’s household products, toys, outdoor equipment, dishware, cleaning products, kitchen products, hot tubs and swim spas.
Selected Publications
Author, "Amendments to Competition Act Increase Consequences for Greenwashing," Aird & Berlis LLP, Energy Insider, July 2, 2024.
Co-Author, "Top Class Action Decisions of Q1 2024," Aird & Berlis LLP Class Actions Quarterly, April 4, 2024.
Author, "B.C. Cost Recovery Legislation Has Significant Implications for Product and Service Providers," Aird & Berlis LLP, March 20, 2024.
Co-Author, "Key Takeaways From 2023 Appellate Decisions," Aird & Berlis LLP Litigation Bulletin, March 1, 2024.
Insights
Education
- JD, Queen’s University, 2008
- MPA, Queen’s University, 2006
- BA (Hons.), University of Toronto, Trinity College, 2005