Patrick Flaherty
Partner
Memberships
The Advocates’ Society
The Osgoode Society
London Court of International Arbitration
Bar Admissions
Ontario, 1993
Education
JD, 1991
Queen's University
BA, 1988
University of Toronto
Selected Media Highlights
June 3, 2013: Pat Flaherty comments on evolving perceptions of data storage under
the U.S. Patriot Act
May 1, 2013: Patrick Flaherty comments on internet privacy issues around apps and cloud
computing, in Lexpert
January 21, 2013: Patrick Flaherty comments on how PIPEDA can affect the collection, use
and disclosure of personal information in litigation, in Law Times
November 21, 2012: Patrick Flaherty comments on issues of privacy and legal jurisdiction
with regards to cloud computing, in Financial Post
October 29, 2012: Patrick Flaherty comments on the CRTC’s approach to Canada’s anti-spam
guidelines, in Law Times
October 24, 2012: Patrick Flaherty comments on Supreme Court decision on employee privacy,
in Lexpert
October 11, 2012: Patrick Flaherty and Molly Reynolds comment on the CRTC’s first
information bulletin on Canada’s anti-spam legislation, in Financial Post
September 25, 2012: Patrick Flaherty comments on the Privacy Commissioner’s report on
online privacy in Financial Post
August 14, 2012: Patrick Flaherty weighs the legal risks and benefits of cloud computing
for libraries, in American Libraries, The Magazine of the American Library Association
June 6, 2012: Risk of class-action litigation against collectors of personal details
especially palpable, says Patrick Flaherty in Financial Post
January 30, 2012: New privacy ruling should not be a major worry to business, says Patrick
Flaherty in Law Times
October 1, 2004: Patrick Flaherty catalyzed the opening of the Airbus scandal proceedings,
says William Kaplan in A Secret Trial
Pat Flaherty has a broad civil litigation practice,
with an emphasis on
corporate/commercial, securities litigation, international arbitration,
class action defence, product liability, intellectual property, and privacy.
Before founding Chernos Flaherty Svonkin LLP with David Chernos and Stuart Svonkin,
Pat practised at Torys LLP in Toronto for more than twenty years, the last 14 years
as a partner. He has appeared before all levels of court in Ontario and in the
Federal Court of Canada, and he has extensive trial experience, both in court and
as counsel in domestic and international arbitrations in Canada, the United States,
Europe and Asia. Pat has also acted as an arbitrator, including regularly as a
panelist in domain name disputes under the auspices of the Canadian Internet
Registration Authority Dispute Resolution Rules.
Recognitions
Lexpert/Thomson Reuters' Canadian Legal Lexpert Directory, since
2012 – Consistently Recommended practitioner in litigation, corporate commercial; Repeatedly Recommended
practitioner in litigation, securities; Repeatedly Recommended practitioner in commercial arbitration
Legal Media Group's Benchmark Canada, since 2012 – Litigation Star,
Ontario; Leading litigator for general commercial, intellectual property and product liability
Lexpert's Guide to the Leading US/Canada Cross-border Litigation
Lawyers in Canada (US Litigation Guide), 2012 - 2017 – Leading corporate commercial litigation lawyer
Best Lawyers in Canada, 2016 - 2017 – Class Action Defence
Lexpert's Guide to the Leading US/Canada Cross-border Litigation
Lawyers in Canada (US Litigation Guide), 2007 – One of Canada’s litigators to watch
Representative Counsel Matters
Patrick has represented:
a former high-ranking Saudi Arabian intelligence official accused of acting in contempt of a Mareva injunction
-- obtaining a full acquittal of the client in a contempt proceeding that sought a US$3.5 billion judgment against him
a Canadian bank and credit card issuer in defending claims seeking damages in respect of class actions
alleging conspiracy, unlawful interference and anti-competitive behavior in relation to interchange
fees
a senior executive of a public company in proceedings before the OSC alleging breach of the Securities
Act arising out of alleged material misstatements and related proposed class actions
a leading Canadian manufacturer in defending class actions for conspiracy to fix prices in the vitamins
industry
a Canadian Bank in arbitration proceedings regarding the alleged wrongful termination of a services
contract
a leading Canadian technology company in respect of claims of market manipulation and related class
proceedings
a mining company in multiple international arbitrations arising out of disputes related to the
development of a mine in Central America
a multi-national tobacco company in class proceedings
a Canadian Bank in claims against a group of former employees for breach of confidence, conspiracy to
injure, inducing breach of contract and other claims
a multi-national manufacturing company in claims against a former executive and related parties for
breach of confidence, breach of contract, and breach of fiduciary duty
a leading energy company in defending claims by competitors of breach of confidence, trade libel and
unlawful interference with economic interests
an international franchisor in its claims of defamation and trade libel against former franchisees
a public company in defending allegations by its competitors of conspiracy and breach of confidence
a mining company in international arbitrations relating to the development of mining properties in
Rwanda and Tanzania
a Canadian investment bank in defending claims of negligence and breach of duty regarding the rendering
of a fairness opinion
multi-national pharmaceutical companies defending class proceedings and product liability claims
a leading chain pharmacy in complaints before the Information and Privacy Commissioner of Canada
an individual and the Canadian Civil Liberties Association in proceedings before the Federal Court
regarding the unauthorized disclosure of personal information to a foreign government
a multi-national finance corporation and its senior executives in defending claims by a municipality of
fraud, negligence and conspiracy
a Canadian ethanol producer in disputes with a petroleum company under a long-terms supply arrangement
a Nova Scotia company in a claims for specific performance of an agreement to purchase a control block
of shares in a public company
an analyst firm in defending claims by a public company alleging defamation, unlawful interference and
negligence
a multinational corporation in disputes under a software licensing agreement arbitrated under the
Ontario International Commercial Arbitration Act
an ISP in resisting access to its customers' identities in claims brought by the Canadian Record
Industry Association relating to music downloading and copyright infringement
an international corporation in class action claims concerning conspiracy to price-fix and the
Competition Act
a former NHL hockey player in his successful action against Alan Eagleson, his agent and former director
of the NHLPA
Professional Involvement
Pat has taught in the trial advocacy programs in several Canadian law schools, and he has written and
spoken extensively on a wide range of legal subjects. He lectures at Osgoode Hall Law School, having most
recently taught in its LLM program on Protection of Intangible Business Interests.
Selected Publications and Presentations
Privacy Class Actions Against Financial Institutions: Emerging Trends, Real Risks and Mitigation Strategies
CLHIA 2013 Legal Section Annual Meeting
October 4, 2013
Privacy Class Actions: Anticipating Emerging Trends
14th Annual Forum on Class Actions, Canadian Institute
September 24, 2013
Privacy Class Actions in Canada: Are Plaintiffs Banking on Financial Institutions?
National Banking Law Review, 32 Nat. B.L. Rev, Vol. 32, Number 4,
August 2013
Privacy Breach Guidelines: Post-Breach Best Practices
Federated Press 7th Managing Privacy Compliance
March 7, 2013
Stormy Weather: Jurisdiction Over Privacy and Data Protection in the Cloud – Part 2
Internet and E-Commerce Law in Canada, vol. 13, no. 10
February 2013
Stormy Weather: Jurisdiction Over Privacy and Data Protection in the Cloud – Part 1
Internet and E-Commerce Law in Canada, vol. 13, no. 9
January 2013
Stormy Weather: Jurisdiction over Privacy and Data Protection in the Cloud
World Library and Information Congress, International Federation of Library Associations Conference and Assembly
August 13, 2012
Ontario Medical Device Product Liability Case Shows Class Action Trial's Immense Scope
Westlaw Journal: Medical Devices, vol. 19, issue 11
July 16, 2012
Privacy Protection in the Digital Workplace
Canadian Privacy Law Review, vol. 9, no. 8
July 2012
Customer Data: Opportunity or Minefield
Canadian Telecom Summit
June 5, 2012
Libel Law
Osgoode Hall Law School, Part-time LLM Program, Civil Litigation and Dispute Resolution
May 31, 2012
Privacy Class Actions: Once More into the Breach?
Class Action Defence Quarterly, vol. 6, no. 3
March 2012
Critical Privacy Law Update
Canadian Institute 7th Annual Forum on Payments Compliance in Canada
February 15, 2012
The Twelve Minute Civil Litigator: Privacy Law Pitfalls in Civil Litigation
Law Society of Upper Canada
2011
Ontario Companies Doing Business with Hospitals May Become Subject to Access-to-Information Requests
Westlaw Journal: Medical Devices, vol. 18, issue 8
June 2011
Privacy Class Actions Are Here, But Do We Need Them?
Canadian Privacy Law Review, vol. 8, no. 3
January 2011
Seize the Day and a Bunch of Important Evidence: Anton Piller Orders
Osgoode Professional Development Injunctions Conference
April 2010
To Notify or Not to Notify
OBA Privacy Law Review, Eye on Privacy, vol. 8, no. 3
May 2008
Critical Tips for Effectively Managing a Privacy Investigation to Minimize Reputational Fallout
Privacy Compliance: Meeting Your Obligations and Challenges, Canadian Institute, Toronto
May 2006
Freedom of Expression: The Growing Implications for Commercial Enterprise
AIPPI Canada Annual Meeting, Mont Tremblant, Quebec
October 2005
Complaints Handling Under the Personal Information Protection and Electronic Documents Act
Canadian Institute conference, Toronto
June 2005
Patent Damages
University of Toronto Centre for Innovation Policy Technology Symposium
2004
Liability of Corporate Directors, Officers
Ontario Bar Association Annual Institute, Toronto
2002
The Personal Information Protection and Electronic Documents Act: A Comprehensive Guide
Co-author, Canada Law Book
2001
