Brendan Bissell
Brendan is an experienced trial and appellate litigator. His practice is in commercial litigation, with focus on financial services, insolvency, real estate and defamation matters.
Brendan has appeared before the Ontario Court of Appeal, Ontario Superior Court of Justice, Ontario Court of Justice, Federal Court of Appeal, Federal Court of Canada and Tax Court of Canada.
Brendan is adept at resolving disputes throughout the litigation process, including mediation, arbitration, and direct negotiation with opposing counsel. He is also, however, always prepared to take matters to a trial, and has a strong presence in the courtroom and with opposing counsel that balances the steps needed to protect a client's interests against the art of persuasion before a decision-maker.
Year of Call:
1998Education:
McGill University (Hons. B.A., 1993)Dalhousie University (L.L.B., 1996)
Professional Associations:
Advocates' SocietyLaw Society of Upper Canada
Toronto Lawyers Association
Ontario Bar Association
Cases of Note:
Financial and insolvency
• counsel on appeal regarding liability of $250,000 under a bank account verification clause, 2009
• counsel on motion to terminate an agreement of purchase and sale by a Receiver, 2008
• counsel in proceedings attacking security and indebtedness on grounds including oppression, 2007-2008
• counsel on foreclosure proceedings, 2004, 2005, 2008
• counsel for landlord creditors in a CCAA proceeding, 2006
• counsel in proceedings claiming oppression for intercompany indebtedness, transfer of funds and breach of trust, 2004-2005
• counsel on motion for reappointment of a trustee to claim fraud against the bankrupt, 2004
• counsel for the Receiver on several motions and an appeal pertaining to alleged infringement of intellectual property and liquidation of the estate, 2003-2007
• counsel in an action regarding claims for retraction of preferred shares, 2002-2003
• counsel for the bank and for the Receiver in actions against creditors of the insolvent company, 2004-2005
• counsel on application for inter-provincial recognition of a Receiver, 2003
• counsel on motion to oppose a discharge application, 2002
• counsel on proceedings respecting bankruptcy estates formerly administered by a suspended trustee, including claims for fees by successor trustee and claims against debtors to the estates, 2001-2003
• counsel for a bankruptcy trustee on bankruptcy examinations, 2000
Corporate/Commercial
• counsel on injunction proceedings for termination of exclusive supply arrangements, 2008
• counsel for claims for $1.3 million for termination of exclusive supply arrangements (ongoing)
• counsel on injunction proceedings for termination of exclusive supply arrangements, 2007
• counsel on interlocutory appeal from a motion denying discovery rights, 2007
• counsel on injunction for breach of non-competition obligations and misappropriation of confidential information, 2007
• counsel at application for injunction to restrain a business, and on appeal, 2006 and 2007
• counsel at four week trial for claims for $3.5 million for intentional interference with economic relations, conspiracy and breach of the Competition Act, 2006
• counsel on injunction for breach of non-competition and non-solicitation covenants, 2006
• counsel at injunction hearings for disclosure of confidential information, 2005, 2007
• counsel on a claim for $6 million and on a motion for a Mareva injunction and freezing order, 2005
• counsel at injunction hearings to restrain a blockade by protesters, 2005
• counsel at four week trial for claims for $500,000 under a joint venture, 2003
• counsel at one week trial for claims for $1.2 million in negligence and under an account verification agreement and on appeal, 1999 and 2000
Real estate/construction
• counsel at one week trial of a $24M aborted real estate transaction, 2007
• counsel in claims for $1 million for fraud and latent defect (ongoing)
• counsel on claims for $4 million breach of development agreements, including motions for judgment (ongoing)
• counsel at trial of a $3M construction claim and $1.5M counterclaim, 2005
• counsel at trial of priority of lien claims, 2002
Defamation
• counsel for Notices of Libel to internet, broadcast and publishing media, 2004-current
• counsel in claims of trade slander, 2005
• counsel in claims of professional slander, 2006
• counsel at trial of a claim for newspaper libel, 2004