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David Kent is recognized as a leading antitrust lawyer and litigator. His practice focuses on complex corporate commercial litigation involving competition, intellectual property, commercial, regulatory and securities and governance disputes in a wide variety of industries, including media, communications and entertainment. He has extensive experience in domestic, international and cross-border cartels, conspiracies and class actions, appearing before federal and provincial trial and appellate courts and administrative tribunals across the country.

Acting in precedent-setting cases on a wide range of issues, David represents client in matters relating to securities law, cartel jurisdiction, cross-border discovery, and class action certification and settlement. He was defence counsel in two of the largest Canadian criminal cartel prosecutions, and in many major Canadian civil cartel cases involving vitamins, linerboard, copper futures, rubber chemicals, travel agents, computer components (including DRAM, SRAM, Flash, and LCD and CRT monitors), e-books and credit cards.

David has advised Canadian and US broadcasters and cable networks and online music services on copyright issues for over 30 years, including issues arising from the use of music on the internet.

David is a fellow of the American College of Trial Lawyers, and served as law clerk to the chief justice of Ontario before rejoining the firm in 1984.



Representative Matters

  • Competition Commissioner v. Visa et al (RPM proceeding before Competition Tribunal – for MasterCard)
  • Credit Card conspiracy class actions (for MasterCard)
  • E-Books conspiracy class actions (for Penguin)
  • Computer Memory conspiracy class actions (DRAM/SRAM/Flash) (for Micron)
  • Gmail privacy class action (for Google)
  • Children’s medicines consumer deception class actions (for Novartis)
  • Cross-border vehicle manufacturers conspiracy class action (for Honda)
  • Cross-border import restriction conspiracy class action (for Mercedes Benz)
  • Copper Futures conspiracy class actions (for JP Morgan/UBS)
  • Rubber Chemicals conspiracy class actions (for Crompton)
  • Vitamins conspiracy class actions (for BASF)
  • Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38 (for MPTAC)
  • Copyright Royalty Rate Proceedings (for Canadian Association of Broadcasters, CBC, MPA-Canada, Motion Picture Theatre Associations of Canada, YouTube, Microsoft, Netflix, Pandora)

Speaking Engagements

Litigating Contract Disputes, The Advocates' Society

June 18, 2020

Competition Law Implications for Use of Big Data in Canada, McMillan Toronto Intellectual Property Group, Rosewater Supper Club

June 5, 2018

March of the Plaintiffs - How Counsel Should Prepare for an Open Season of Litigation, CBA Competition Law, Spring Conference, Toronto, Ontario

May 25, 2017

What you need to know about Corporate Governance in 2016, LexisNexis Webinar

May 2016

Teaching Engagements

  • Osgoode Hall Law School – Alternate Dispute Resolution (2005-2007)
  • Queen’s University Law School – Alternate Dispute Resolution (1999-2004)
  • Assistant Program Director – Copyright Master Class – McGill (August 2013)
  • Program Director – Copyright Master Class – McGill (August 2014)

News


Media Mentions

  • Judges are unmoved on pre-certification challenges” by Drew Hasselback, National Post, June 2013
  • “B.C. Court of Appeal approves DRAM memory class action”, National Post, November 2011
  • “Managing Global Class Actions”, Canadian Lawyer InHouse Magazine, September 2011
  • “Copyright bill may spark battle over who owns what”, CBC Online, May 2011
  • “Copyright reform”, CBC Radio One Business Report, May 2011
  • “Made in the U.S.A” by Robert Todd, Canadian Lawyer InHouse Magazine, December 2010
  • “Unsettled law” by Kelly Harris, Canadian Lawyer InHouse Magazine, April 2010
  • “The price is right”, National Post, December 2009

Rankings & Recognition

  • Recognized by Chambers Canada (2022) as a leading lawyer in the areas of Competition / Antitrust: Litigators; Dispute Resolution: Class Action (Defence) and Litigation: General Commercial (Ontario)
  • Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the areas of Class Action Litigation and Competition / Antitrust Law
  • Recognized in the 2021 Benchmark Litigation: Canada Guide as Competition Litigator of the Year,  Top 50 Trial Lawyer and Litigation Star
  • Recognized in the 2021 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the areas of Class Actions and Competition Law and a Consistently Recommended Lawyer in the area of Litigation: Corporate Commercial
  • Recognized by Chambers Global (2021) as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Recognized by the Best Lawyers in Canada (2021) as a leading lawyer in the areas of Class Action Litigation and Competition / Antitrust Law
  • Recognized by Chambers Canada (2021) as a leading lawyer in the areas of Competition / Antitrust: Litigators; Dispute Resolution: Class Action (Defence) and Litigation: General Commercial (Ontario)
  • Recognized in the 2020 Canadian Legal Lexpert Directory as a Most Frequently Recommended lawyer in the areas of Class Actions and Competition Law and a Consistently recommended lawyer in the area of Litigation: Corporate Commercial
  • Recognized in the 2020 Benchmark Litigation: Canada Guide as a Top 50 Trial Lawyer and Litigation Star
  • Listed in Who’s Who Legal: Canada 2020 as a leader in Competition and Litigation
  • Recognized by Chambers Global (2020) as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Recognized in the 2020 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Class Actions and Competition Law
  • Listed in Who’s Who Legal: Canada 2019 as a leader in Competition and Litigation
  • Listed in the Legal500 Canada 2020 as a “Recommended Lawyer” – Dispute Resolution
  • Recognized in the 2019 Lexpert/ROB Litigation – Special Edition as one of Canada’s Leading Litigation Lawyers
  • Recognized by Chambers Canada (2020) as a leading lawyer in the areas of Competition / Antitrust: Litigators; Dispute Resolution: Class Action (Defence); and Litigation: General Commercial (Ontario)
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the areas of Class Action Litigation and Competition / Antitrust Law
  • 2019 Managing Intellectual Property’s IP Stars – Listed in the Guide to the World’s Leading IP Firms and Practitioners
  • 2019 Canadian Legal Lexpert Directory – Recognized as a Most Frequently Recommended lawyer in the areas of Competition Law, Class Actions and Litigation – Corporate Commercial
  • 2019 Benchmark Litigation Canada Guide – Recognized as a Litigation Star
  • 2018 Benchmark Litigation Canada Guide – Recognized as a Top 50 Trial Lawyer in Canada and a Litigation Star
  • Chambers Global (2019) – Recognized as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada 2019: Class Actions; Competition Law; Litigation – Corporate Commercial
  • 2018 Canadian Legal Lexpert Directory – Recognized as a Most Frequently Recommended lawyer in the areas of Competition Law and Class Actions and a Consistently Recommended lawyer in the area of Litigation – Corporate Commercial
  • Lexpert Report on Business on Litigation 2018 – Special Edition – Recognized as one of Canada’s leading litigation lawyers
  • Who’s Who Legal Canada: 2018 – Listed as a leader in Competition Law and Litigation
  • Chambers Canada 2019 – Recognized as a leader in Competition/Antitrust: Litigators and Dispute Resolution: Class Action (Defense) and Litigation: General Commercial (Ontario)
  • The Best Lawyers in Canada 2019 – Recognized as a leading lawyer in the areas of Class Action Litigation and Competition / Antitrust Law
  • Chambers Global 2018 – Represented as a leading Lawyer in Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence)
  • Chambers Canada 2018 – Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence) and Dispute Resolution: Ontario
  • Lexpert Guide(2017) – Represented as a leading US/Canada Cross-Border Litigation Lawyer in Canada
  • Benchmark Canada – Top 50 Trial Lawyers in Canada, Competition Litigator of the Year 2017, Litigation Star (Class Action, Competition, General Commercial, Intellectual Property)
  • Chambers Global 2017 – Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence)
  • Chambers Canada 2017 – Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence) and Dispute Resolution: Ontario
  • LEXPERT and American Lawyer – Guide to the Leading 500 Lawyers in Canada – Class Actions, Competition Law and Litigation – Corporate Commercial
  • LEXPERT – “Most Frequently Recommended” for Class Actions, Competition Law, and Litigation – Corporate Commercial
  • LEXPERT Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada – Competition Law
  • LEXPERT’s Special Edition Report on Canada’s Leading Litigation Lawyers 2016
  • The Legal 500 Canada – Competition and Antitrust & Dispute Resolution
  • The Best Lawyers in Canada – Class Action Litigation and Competition/Antitrust Law
  • Who’s Who Legal – Competition Law
  • PLC – “Recommended” for each of Competition/Antitrust and Media and Communications
  • Euromoney – Guide to the World’s Leading Competition and Antitrust Lawyers
  • International Law Office Client Choice Award – Intellectual Property: Copyright, Ontario
  • Managing Intellectual Property – IP Stars 2015
  • Martindale and Hubbell – AV

Community Involvement

  • Casey House – “The 100”

Directorships & Affiliations

  • Canadian Bar Association
  • Intellectual Property Institute of Canada
  • American Bar Association (Section on Antitrust)
  • Fellow of the American College of Trial Lawyers

Education & Admissions

1983
Called to the Ontario bar
1981
LLB (Honours, Dean's Key)University of Toronto
1976
BA (with Distinction)Carleton University

Publications

Insights by David W. Kent (5 Posts)

Featured Insight

Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act

The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.

Read More
Dec 16, 2019
Featured Insight

What every GC needs to know about Corporate Governance in 2016

This webinar will help you bulletproof your board of directors and senior officers.

Details
May 11, 2016 - 12:00 PM to 1:30 PM

The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy

The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy

Read More
Dec 11, 2015

The Competition Tribunal Can Be Reviewed On Correctness

The Competition Tribunal Can Be Reviewed On Correctness

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Jan 31, 2015
Featured Insight

No More Misleading Advertising Class Actions?

No More Misleading Advertising Class Actions?

Read More
Jan 6, 2015