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Kevin Johnson

T: +1 (416) 971-4845
F: +1 (416) 971-4849
E: kjohnson@lette.ca

  • Bio

    Kevin Johnson has been with Lette LLP since 1989. Kevin's practice is focused on advocacy in litigation and dispute resolution in commercial matters. In all cases, Kevin seeks out practical and creative solutions for his clients. He also provides his clients with effective and pragmatic business advice, in particular on all aspects of labour and employment law. His clients include Canadian and international corporations and individuals as well as foreign governments and courts.

    Kevin has appeared as counsel before all levels of the Ontario Courts and before administrative tribunals on many local and multi-jurisdictional proceedings. He has frequently provided counsel to local and foreign lawyers regarding Ontario and international law and has also represented foreign lawyers and governments before the Ontario Courts. In addition, Kevin has on numerous occasions been appointed by foreign Courts to assist in the taking of evidence in Ontario for the purpose of proceedings before those Courts.

  • Memberships
    • Canadian Bar Association (member of numerous sections and Past Chair of the International Law Section)
    • Law Society of Upper Canada
    • Metro Toronto Lawyers Association
  • Publications and Articles
  • Lectures & Presentations

    Publications

    • “King v Drabinsky - The Extraterritorial Application of the Canadian Charter: A matter of Time and Place”, Canadian International Lawyer, May 2009
    • Cross-border High Anxiety? Offensive and Defensive Strategies in Transnational Litigation”, Co-Author, The Globetrotter, OBA - International Law Section Newsletter, March 2007

    Presentations

    • Canadian Product Liability Law”, Canadian German Chamber of Commerce, September 2012
    • Transcending the Ties that Bind: Beyond our Borders”, Program Co-chair, a joint program of the International, Immigration, and Family Law sections of the OBA, December 2010
    • Canada-USA Border Issues: A New Bridge for Old Allies”, Program Co-chair, Ontario Bar Association in Co-operation with the Canadian Bar Association and the American Bar Association, June 2009
    • Cross-border High Anxiety? Offensive and Defensive Strategies in Transnational Litigation”, Co-Presenter, OBA Institute Program, February 2007
  • Representative Work
    • Represented clients before various arbitral tribunals including the representation of a multinational pharmaceutical company in an arbitration involving disputes over a drug co-promotion agreement
    • Conducted rogatory commissions on behalf of various foreign courts
    • Numerous appearances before labour arbitral tribunals as well as the Ontario Human Rights Tribunal
    • Advised numerous multinational corporations on employment and labour matters both on day to day issues as well as those related to acquisitions, reorganizations and divestitures
    • Counselled various clients, both bankrupts and creditors, in bankruptcy as well as  Companies Creditors Arrangement Act proceedings

    Some notable cases:

    • Haser v. Marty (Ontario Court of Appeal):  establishing the sovereign immunity claim of a foreign state public prosecutor and deferring to that foreign state’s court as the convenient forum for any litigation.
    • Venditti v. Petriglia (Ontario Court of Appeal): confirming that the affidavit swearing to the truth of the contents of the claim for lien is mandatory and that the failure to include this renders a construction lien invalid.
    • Armstrong World Industries Inc. v. Arcand (Ontario Superior Court): dealing with the defence of a take-over bid and the entitlement of a party to reject a bidder’s offer. This case also addresses the proper tests involved in declining mandatory injunctions in take- over bids.
    • Coleman v. Bayer Inc. et al (Ontario Superior Court):  pharmaceutical class action case involving a settlement requiring no contribution on behalf of the co-promoter.
    • Abus Kg v. Secord Inc. (Ontario Superior Court): recognizing that the benefit of the Ontario limitation period is a juridical advantage that can justify Ontario as a convenient forum.
    • Von Teichman v. Canada (Tax Court of Canada): the determination of a genuine business arrangement, allowable farming losses, and the reasonable expectation of profit.
    • Henkel Canada Ltd. v. Thermogenics Inc. (Ontario Superior Court): pertaining to the proper pleading of a claim for breach of fiduciary duties.
    • I.C.S. Construction Ltd. v. GKN Birwelco Ltd. (Ontario Superior Court): establishing the propriety of responding to examination for discovery undertakings in written form rather than attendance for further oral examination.
    • Lane v. Robinson (Ontario Superior Court): dealing with the proper test for the determination of a motion for summary judgement.
    • Hortmann v. Alexander (Ontario Superior Court): compelling the passing of accounts by an executor and the proper test for the refusal of compensation to an executor.
  • More

Kevin Johnson

T: +1 (416) 971-4845
F: +1 (416) 971-4849
E: kjohnson@lette.ca

Year of Call

1988

Education

  • Admitted to the Ontario Bar, 1988
  • Osgoode Hall, LL.B., 1986
  • University of British Columbia, B.A., 1982

Practices

Industries

Law Firm Marketing | Cubicle Fugitive