Borden Ladner Gervais LLPPartner

Kirsten Crain

About Kirsten Crain

Kirsten Crain is a lawyer practicing privacy and data protection, corporate commercial litigation and arbitration, public law litigation and arbitration and 2 other areas of law. Kirsten received a degree from McGill University in 1995, and has been licensed for 25 years. Kirsten practices at Borden Ladner Gervais LLP in Ottawa, ON.

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Services

Areas of Law

  • Other 5
    • Privacy and Data Protection
    • Corporate Commercial Litigation and Arbitration
    • Public Law Litigation and Arbitration
    • Intellectual Property Litigation
    • Health Law

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Borden Ladner Gervais LLP
  • Representative Cases & Transactions
    Cases
    Representative Work: Commercial Litigation: Counsel for corporations in the aerospace sector in a tort claim relating to the renewal of a supply agreement, 2Souce Manufacturing Inc. v. United Technologies Corporation, ONSC 4409, July 7, 2017.
    Counsel for a corporation in the nuclear science sector
    a federal Crown Corporation in an injunction proceeding for the delivery of irradiated cobalt pursuant to a supply agreement, Best Theratronics Ltd. v. Canadian Nuclear Laboratories Ltd ., [2016] O.J. No. 2398.
    Trial counsel for a multinational tobacco corporation in class action proceedings relating to the sale of cigarettes, Letourneau c. JTI-MacDonald Corporation, [2015] Q.J. No. 4729.
    Counsel for an independent Canadian broadcaster in a tort
    breach of contract dispute, Allarco Entertainment 2008 Inc. v. Rogers Communications Inc ., [2011] O.J. No. 4686, [2010] O.J. No. 1192.
    Counsel for a research institute in a breach of contract claim relating to a contract for a clinical trial relating to a medical device, Bexley Trading Inc. v. Ottawa Health Research Institute, [2009] O.J. No. 1134, [2008] O.J. No. 5258, [2007] O.J. No. 5097, [2007] O.J. No. 196, [2005] O.J. No. 1694.
    Counsel for a municipality in a breach of contract claim in connection with the construction of a light rail mass transit system, Siemens Canada Limited, PCL Constructors Canada Inc.
    Ottawa LRT Corp. v. The Corporation of the City of Ottawa, [2008] O.J. No. 3741.
    Counsel for a municipality in a breach of contract claim for the provision of computers
    computer services, Toronto (City) v. MFP Financial Services Ltd, [2003] O.J. No. 2532, [2002] O.J. No. 3555, [2002] O.J. No. 2661.
    Counsel for a minority shareholder in an oppression remedy proceeding relating to executive pay practices, UPM-Kymmene Corp. v. UPM-Kymmene Miramichi Inc ., [2002] O.J. No. 2412, [2004] O.J. No. 636 (Ont. C.A.), [2001] O.J. No. 4220.
    Intellectual Property Litigation: Counsel for pharmaceutical companies in a patent infringement case, Janssen Inc.
    Millennium Pharmaceuticals Inc. v. Teva Canada Limited
    Minister of Health .
    Trial counsel for a provincial Crown Corporation in a patent infringement case in the gaming sector, Safe Gaming Systems v. Atlantic Lottery Corporation
    Nova Scotia Provincial Lotteries Corporation, [2018] F.C.J. No. 567.
    Counsel for a corporation in the mining sector in an intellectual property dispute regarding oilfield technology, Western Oilfield Equipment Rentals Ltd. v. M-I L.L.C, Court File No. T-1056-15.
    Counsel for a corporation in the food
    beverage sector in a trademark
    tort claim, LBI Br
    s Inc. v. Aquaterra Corp ., [2016] O.J. No. 2836.
    Counsel for a corporation in the mining sector in a patent infringement case, Garford Pty Ltd. v. Dywidag Systems International, Canada Ltd ., [2012] F.C.J. No. 234.
    Counsel for a songwriter
    production company in a breach of copyright case relating to a song entitled, Who Let the Dogs Out, Williams v. Douglas, [2003] O.J. No. 3009, [2003], O.J. No. 2435.
    Administrative Law: Counsel to health sector institutions in inquests under the Coroners Act .
    Counsel for a federal museum in a pay equity complaints before the Canadian Human Rights Commission,
    in a related application for judicial review of a decision by the Commission, Canadian Museum of Civilization v. Public Service Alliance of Canada, [2014] F.C.J. No. 289.
    Co-Independent Counsel for an Inquiry Committee of the Canadian Judicial Counsel in respect of proceedings under the Judges Act regarding Justice Lori Douglas.
    Board Counsel to the Patented Medicine Prices
    Review Board in respect of pricing proceedings under the Patent Act, including: In the Matter of Hoechst Marion Roussel Canada Inc.
    the medicine Nicoderm, PMRPB-99-D10-NICODERM April 9, 2010
    in the Matter of sanofi-aventis Canada Inc.
    the medicine Penlac Nail Lacquer, PMRPB-07-D2-PENLAC, January 31, 2011
    in the Matter of sanofi Pasteur Limited
    the medicines Quadracel
    Pentacel, PMRPB-07-D6-QUADRACEL
    PENTACEL, June 14, 2012.
    Counsel for a foreign oil
    gas corporation in proceedings before the National Energy Board relating to the approval for a natural gas terminal
    pipeline, Emera Brunswick Pipeline Co. (Re), 2007 LNCNEB 3,
    subsequent appeal, Friends of Rockwood Park Inc. v. Emera Inc ., [2007] F.C.J. No. 1238 (Fed. C.A.).
    Counsel for regulated health professionals in respect of disciplinary proceedings before various Colleges.
    Counsel for health care professionals in hearings
    appeals relating to treatment decisions
    involuntary status pursuant to the Health Care Consent Act .
    Counsel for hospitals in hearings
    appeals relating to privileges disputes pursuant to the Public Hospitals Act .

Experience

  • Bar Admission & Memberships
    Admissions
    2001, Ontario
    Memberships

    Professional Involvement

    •Skills Instructor, The Advocates' Society
    •Co-Chair of The Advocates' Society Women in Litigation Symposium, February 16, 2017, Ottawa
    •The Advocates' Society 10+ Task Force, 2016-2017
    •CCLA Awards Committee, 2015 - present
    •Member, Civil Litigation Updated Conference Committee, County of Carleton Law Association, 2006-2014
    •Co-Chair, The Advocates' Society Court House Series (Ottawa), 2006-2010

  • Education & Certifications
    Law School
    McGill University
    LL.B.
    1999 Dean's Honours List
    Other Education
    McGill University
    Class of 1995
    B.A. in Economics

    McGill University
    Class of 1995
    with Distinction

    London School of Economics, London, England
    Class of 1996
    M.Sc.

    London School of Economics, London, England
    Class of 1996
    with Distinction
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