Stuart Svonkin’s civil litigation practice focuses on a wide range of corporate/commercial matters,

with an emphasis on large, complex business cases. He has extensive experience dealing with technology licensing and development disputes, copyright and other intellectual property issues, media and privacy law, Internet and e-commerce matters, product liability cases, insurance issues, domestic and international arbitration proceedings, class actions, employment-related disputes, oppression remedies, estate matters and constitutional and Charter litigation. Before founding Chernos Flaherty Svonkin LLP with David Chernos and Pat Flaherty, Stuart practised at Torys LLP in Toronto for over a decade, including for six years as a partner in that firm. Stuart has appeared as counsel before all levels of court in Ontario, before the Federal Court of Canada, before the Tax Court of Canada, and before the Supreme Court of Canada. He has also frequently acted as counsel in domestic and international arbitrations and before a variety of administrative tribunals.

Recognitions

Lexpert/Thomson Reuters' Canadian Legal Lexpert Directory, since 2019 - Repeatedly Recommended practitioner in corporate commercial litigation

Legal Media Group's Benchmark Canada, Litigation star in commercial, intellectual property and product liability

Representative Counsel Matters

Stuart 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

an executive aircraft charter company in insurance coverage disputes

the world’s largest ticket services company in class actions brought in multiple Canadian jurisdictions

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

an Ontario power generation company, in its successful defence of an oppression claim seeking to unwind its acquisition of a cogeneration power facility in Northern Ontario commenced in the context of CCAA proceedings involving its parent company

a major mutual fund company in tax-related litigation

a home energy company in the defence of actions alleging anti-competitive and other unlawful conduct

a leading Canadian manufacturer in claims against a competitor for alleged misuse of confidential information

a major Canadian bank in the defence of class actions concerning overtime compensation

a large construction company in a claim against a municipality for breach of the terms of a request for proposal

an investment dealer in various matters related to alleged breaches of contract, breaches of fiduciary duty and misuse of confidential information by former employees

a leading Canadian manufacturer asserting claims that former employees had stolen and misused confidential technical information

a Canadian bank in defence of claims of breach of contract and copyright infringement

a Canadian bank in a case involving allegedly forged cheques

a multinational corporation in an arbitration proceeding involving claims for breach of a software development and licensing agreement, copyright infringement and breach of confidence

a North American manufacturing company defending claims of breach of contract and breach of confidence stemming from the sale of a business

one of the world’s largest information technology companies in disputes involving software licensing and alleged patent infringement

an energy drink manufacturer in a proposed class action involving allegations of improper labeling

a Canadian bank in disputes over a number of software development projects

various clients in disputes relating to software and other intellectual property

various clients in disputes arising out of sales of businesses

a large Canadian bank in a proposed class action proceeding relating to mortgage prepayment penalties

a cable television company in a commercial arbitration involving disputes arising from the sale of a business

an international film and television company in a dispute regarding the alleged disclosure of confidential information

a multinational manufacturer in a products liability action

both employers and employees in various matters relating to terminations, employee departures and competition by former employees

various U.S.-based clients seeking discovery in Ontario

the Canadian Civil Liberties Association in an appeal before the Supreme Court of Canada relating to the availability of damages for breaches of the Canadian Charter of Rights and Freedoms

the Canadian Civil Liberties Association in a constitutional challenge to Section 4 of the Security of Information Act

the Canadian Civil Liberties Association in a case challenging the distribution of religious texts in the public schools

Selected Media Highlights

February 5, 2013: Stuart Svonkin and Sarah Whitmore argue before Human Rights Tribunal regarding a school board’s policy for distribution of religious materials, in Sun News

July 25, 2011: Computer forensic experts required in many cases involving electronic information, says Stuart Svonkin in Law Times

November 10, 2006: The significance of the O’Neill v. Canada ruling is huge in terms of its practical effect, says Stuart Svonkin in Lawyers Weekly

October 20, 2006: Section 4 of Canada's Security and Information Act was impermissibly overbroad, says Stuart Svonkin in The Globe and Mail

August 24, 2006: Canada's Security of Information Act violates Canadians' fundamental rights, Stuart Svonkin tells CBC, Ottawa Citizen and Ottawa Sun

Professional Involvement

Stuart regularly teaches, writes, and lectures on subjects including trial and appellate advocacy, intellectual property issues, privilege, class actions and arbitration. He has served as a member of the Executive of the Ontario Bar Association’s Class Actions Section.