Brian Chung

Partner Admitted to the Ontario Bar: 2014

Brian is a confident and strategic litigator who serves clients of all sizes, across a number of industries. As a strong communicator, he develops a deep understanding of his clients’ needs to ensure all of his work is directly relevant to advancing his clients’ business objectives.

Brian is a member of the firm's Litigation & Dispute Resolution Group. He maintains a general corporate and commercial litigation practice, and frequently represents clients involved in disputes relating to real estate, municipal, construction and quasi-criminal regulatory matters. His experience includes matters relating to contractual disputes, commercial arbitrations, class actions, provincial offences, economic torts, oppression remedies, shareholder disputes, regulatory proceedings, injunctions and appeals. Brian has appeared as counsel before all levels of court in Ontario, including the Court of Appeal, the Divisional Court, the Superior Court of Justice, the Ontario Court of Justice and the Small Claims Court.

Brian volunteers as Duty Counsel with Pro Bono Ontario, acting for unrepresented litigants in the Superior Court. He is also a member of the Aird & Berlis Student Recruitment Committee, and often acts as a mentor for summer and articling students.

Professional Involvement

Memberships

  • Canadian/Ontario Bar Association
  • The Advocates’ Society
  • Federation of Asian Canadian Lawyers
  • Ontario Expropriation Association

Teaching Engagements

  • Former co-instructor, MBA course on Canadian Business Law, University of Guelph

Representative Matters

Counsel to a real estate developer in the defence of a class action seeking damages resulting from the termination of a pre-construction condominium project, including successfully bringing a summary judgment motion dismissing the class action.

Representing a management consulting firm in an action for damages sought in a class proceeding involving a mass data breach, including successfully bringing a duty to defend application against its insurer.

Representing a municipality in an application challenging the validity of an Interim Control By-Law, which temporarily prohibits the use of property for cannabis-related activities.

Representing commercial landlords charged under the Cannabis Control Act, 2017, S.O. 2017, c. 26, including successfully bringing applications to lift closure orders issued under that Act.

Representing various municipalities in the prosecution and enforcement of municipal statutes and by-laws, including under the Municipal Act, 2001, S.O. 2001, c. 25, Planning Act, R.S.O., 1990, c. P.13, Building Code Act, 1992, S.O. 1992, c. 23 and zoning by-laws.

Representing a public wireless technology company involved in various post-closing acquisition disputes relating to working capital calculations, inventory representations and software licensing issues.

Representing a municipality in an action for damages and rectification of an agreement of purchase and sale for public lands, including bringing an injunction and certificate of pending litigation to protect public infrastructure and associated lands.

Representing municipalities in the defence of actions alleging misfeasance of public office and breaches of contract and tort in the context of public tenders for infrastructure projects.

Counsel to homebuyers in a failed real estate transaction, including successfully bringing a summary judgment motion for the return of the deposit funds and dismissal of a damages claim against them. The decision was upheld by the Ontario Court of Appeal (Himidan v. Farquharson, 2019 ONCA 575).

Acting as counsel to a railway maintenance and operations company in various related proceedings, including:

Representing a debenture holder of a publicly-listed solar technology company involving allegations of breach of fiduciary duty and oppression.

Representing a commercial self-storage developer and management company in relation to disputes involving breaches of contract, oppression and land development fees, including successfully resisting a Rule 21 motion to strike (Can-Stor Management Inc. v. Storage Advantage Corp., 2016 ONSC 6850).

Counsel to a large Canadian financial institution in respect of a class action proceeding involving allegations of conspiracy to fix credit card interchange fees and to impose restrictive merchant surcharge terms.

Acted as special prosecutor in respect of enforcement of municipal by-laws relating to a large outdoor music festival.

Regularly represents various individuals and companies, including developers, contractors, architects, engineers and property owners involved in infrastructure and construction disputes, including under the Construction Act , R.S.O. 1990, c. C.30.

Selected Publications

Court Enforces Exculpatory Clause Dismissing Condominium Class Action,” Co-authored with Steve Tenai and Martin Henderson, Aird & Berlis Litigation Bulletin, July 3, 2020.

"Legal Update: COVID-19 & Construction," Co-authored with Trevor deBoer and Courtney Raphael, Aird & Berlis Construction Law Bulletin, May 13, 2020.

“Ontario’s Suspension of Limitation Periods and Procedural Deadlines No Longer Applies to the Construction Act Effective April 16, 2020," Aird & Berlis Construction Law Bulletin, April 17, 2020.

“The COVID-19 Pandemic and Construction Issues," Aird & Berlis Construction Law Bulletin, March 27, 2020.

“Enforcing Foreign Judgments in Canada," Aird & Berlis Litigation Bulletin, December 2015.

Education

  • JD, University of Windsor, 2013
  • BA (Hons), University of Toronto, 2010