David Kent Photo
David Kent Photo
David Kent Photo

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 in the 2024 Lexpert Special Edition on Technology and Health Sciences Guide as a Leading Technology Lawyer
  • Recognized in the 2024 Benchmark Litigation: Canada Guide
  • Shortlisted as “Competition Litigator of the Year” by Benchmark Litigation Canada Awards 2024
  • Recognized in the 2024 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the area of Competition Law and a Consistently Recommended Lawyer in the area of Class Actions as well as a Repeatedly Recommended Lawyer in the area of Litigation – Corporate Commercial
  • Recognized by Chambers Global (2024) as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Recognized in the 2024 Lexpert/ALM500 Guide as a leading lawyer in the area of Competition
  • Recognized by Chambers Canada (2024) as a leading lawyer in the areas of Competition / Antitrust: Litigators and Dispute Resolution: Class Action (Defence)
  • Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Class Action Litigation, Competition / Antitrust Law and Corporate and Commercial Litigation
  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Listed in Who’s Who Legal: Canada 2023 as a leader in Commercial Litigation and Competition
  • Listed in the 2023 Who’s Who Legal: Competition Guide as Recommended in the area of Competition Law
  • Listed in Managing Intellectual Property’s 2023 IP STARS Guide as a Copyright Star
  • Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Technology and Health Sciences Lawyers as a Technology Lawyer
  • Recognized in the 2023 Benchmark Litigation: Canada Guide as a Top 50 Trial Lawyer and Litigation Star
  • Recognized in the 2023 Canadian Legal Lexpert Directory as a Most Frequently Recommended Lawyer in the areas of Competition Law and a Consistently Recommended Lawyer in the areas of Class Actions and Litigation: Corporate Commercial
  • Recognized by Chambers Global (2023) as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Recognized in the 2023 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
  • Listed in Who’s Who Legal: Global 2022 as a leader in Commercial Litigation
  • Listed in Who’s Who Legal: Canada 2022 as a leader in Competition and Commercial Litigation
  • Recognized in the 2022 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • Recognized by Chambers Canada (2023) as a leading lawyer in the areas of Competition / Antitrust: Litigators and Dispute Resolution: Class Action (Defence)
  • Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the areas of Class Action Litigation and Competition / Antitrust Law
  • Listed in Managing Intellectual Property’s 2022 IP STARS Guide as a Copyright Star
  • Recognized in the 2022 Benchmark Litigation: Canada Guide as a Top 50 Trial Lawyer and Litigation Star
  • Recognized in the 2022 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 (2022) as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Recognized in the 2022 Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada: Competition Law
  • 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
  • Listed in Who’s Who Legal: Global 2021 as a leader in Commercial Litigation
  • Listed in Who’s Who Legal: Canada 2021 as a leader in Competition and Commercial Litigation
  • Recognized in the 2021 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
  • 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 (15 Posts)View More

Featured Insight

Bill C-59’s Expansion of the Competition Act’s Deceptive Marketing Practices: “Greenwashing” and Steering Clear of Environmental Misrepresentation

Guidance on the amendments to the deceptive marketing practices provisions in the Competition Act designed to "crack down" on "greenwashing".

Read More
Jul 8, 2024
Featured Insight

Ready for Change? Bill C-59 Rewrites the Competition Playbook

Bill C-59 has been enacted, introducing significant changes to all aspects of Canada’s competition law regime.

Read More
Jun 21, 2024
Featured Insight

New Era of Foreign Investment Scrutiny Starts in Canada with Passage of Investment Canada Act Amendment Bill

Bill C-34 amends the Investment Canada Act to enhance the government of Canada's national security review powers.

Read More
Mar 27, 2024
Featured Insight

Canada’s New Policies on Investments in the Interactive Digital Media Sector

On March 1, 2024, the Canadian government introduced new policies to increase scrutiny of foreign investments in Canada's Interactive Digital Media sector.

Read More
Mar 6, 2024
Featured Insight

2024 Changes to Canada’s Thresholds for Merger Notification and Investment Canada Act Reviews

Providing updates on the 2024 merger thresholds under Canada's Competition Act and Investment Canada Act.

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Feb 28, 2024
Featured Insight

Competition Act Amendments Proceed at Pace

Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.

Read More
Dec 28, 2023
Featured Insight

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

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Dec 5, 2023
Featured Insight

Round One of Competition Act Amendments Passed; National Security Review Regime Amended

New amendments to the Competition Act were passed today as part of the budget implementation bill.

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Jun 27, 2022
Featured Insight

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

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May 3, 2022
Featured Insight

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

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Nov 10, 2021
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.

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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
Featured Insight

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

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Dec 11, 2015
Featured Insight

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?

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Jan 6, 2015

Deals & Cases (1 Posts)

Featured Insight

Most Extensive Class Action Settlement Approval Contest in Canadian Class Action History

Mastercard retained McMillan for representation before the Canadian Competition Tribunal in connection with its “Honour All Cards” and “No Surcharge” rules. Mastercard and Visa were also sued in numerous class action lawsuits in Québec, Ontario, Saskatchewan, Alberta and British Columbia relating to the Mastercard and Visa interchange fees and rules.

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Dec 1, 2021