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

Chambers Canada – Leading lawyer in Litigation: General Commercial – Ontario, since 2020

Best Lawyers in Canada – Class Action Litigation, Corporate and Commercial Litigation, Director and Officer Liability Practice, since 2017

Canadian Legal Lexpert Directory – Consistently Recommended practitioner in litigation, corporate commercial; Repeatedly Recommended practitioner in litigation, securities; Repeatedly Recommended practitioner in commercial arbitration, since 2012

Benchmark Canada – Litigation Star, Ontario; Leading litigator for general commercial, intellectual property and product liability, since 2012

Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide) – Leading corporate commercial litigation lawyer, 2012-2017

Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide) – One of Canada’s litigators to watch, 2007

Cases

Patrick has represented

• The former general counsel of a public alternative lender in proceedings brought by its receiver
• 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.