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Brian Chung

Associate 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 Group. He maintains a general litigation practice with an emphasis on corporate and commercial litigation, quasi-criminal regulatory matters and construction litigation. His experience includes contractual disputes, provincial offences, commercial arbitrations and mediations, class actions, economic torts, oppression remedies, regulatory proceedings and injunctions. 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 is a co-instructor at the University of Guelph, teaching an MBA course on Canadian Business Law. He also volunteers as Duty Counsel with Pro Bono Ontario, acting for unrepresented litigants in the Superior Court and Small Claims Court.

Brian is a member of the firm’s Student Recruitment Committee, and often acts as a mentor for summer and articling students.

Professional Involvement

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

Representative Matters

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 advising developers, professionals (architects and engineers) and contractors in respect of construction litigation, including defending and prosecuting claims under the Construction Lien Act.

Selected Publications

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

Insights

Publications Article Apr 24, 2019 The Ontario Cannabis Control Act and Implications for Commercial Landlords Lessons Learned From a Prosecution Under the CCA

Education

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