Brian Chung

• Recognized by Benchmark Litigation Canada as a Future Star, 2023
• Included in Benchmark Litigation's 40 & Under List, 2023

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

Represented a municipality in the dismissal of an action on a summary judgment motion. The underlying action sought to quash a municipal by-law that imposes infrastructure connection charges on residents connected to a private system once connected to the public municipal water distribution system. 

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 judgement 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:

• an application to require the parties to engage in binding arbitration (Allied Track Services Inc. v. Jeffery Swift et al, 2015 ONSC 3455), and a companion application (Allied Track Services Inc. v. Jeffery Swift et al, 2015 ONSC 5496);
• a commercial arbitration involving disputes relating to post-closing purchase price adjustments under a share purchase agreement;
• motion to quash the appellants’ Notices of Appeal of the arbitration awards (Swift v. Allied Track Services, 2017 ONSC 6514); and
• an application to recognize and enforce the arbitration proceedings and costs awards.

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.

"Construction Liens 101: Understanding the Lien Process from Soup to Nuts," The Canadian Institute, Managing Risk in Construction Contracts & Projects, February 23-24, 2023. 

“The Ins and Outs of Construction Liens & Common Pitfalls to Avoid,” The Canadian Institute, Managing Risk in Construction Contracts & Projects, February 25, 2021.

“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.

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