Marc Kestenberg acts for a wide range of clients in complex corporate and commercial litigation and regulatory matters.
Mr. Kestenberg has significant experience in corporate and commercial litigation, class actions, employment law, estates litigation and administrative law. He has had success before all levels of court in Ontario and at the Federal Court of Canada.
Mr. Kestenberg has a developing area of expertise in securities and financial services disputes and regulatory investigations and prosecutions. He frequently advises and represents financial market participants, including investment dealers, mutual fund dealers and portfolio managers and their employees, in matters involving the Investment Industry Regulatory Organization of Canada, the Mutual Fund Dealers Association of Canada and the courts.
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Year of call
Ontario 2004
New York 2003
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Law school
LL.B., Osgoode Hall Law School, 2002
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Education
Canadian Securities Course, Canadian Securities Institute, 2002
M.B.A., Schulich School of Business, York University, 2002
B.Sc., Western University, 1998
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Selected client work
- MGM Mirage v. Marchildon, 2005 CarswellOnt 10490, 73 C.P.R. (4th) 11
- Goldfarb v. Goldfarb, 2007 CarswellOnt 412, 154 A.C.W.S. (3d) 994
- Pinnacle Millwork Inc. v. Bailey Metal Products Ltd., 2008 CarswellOnt 480
- Freedom International Brokerage Co. v. Tullett Prebon Canada Ltd., 2009 CarswellOnt 6113, [2009] O.J. No. 4267
- Polar Star Mining Corp. v. Willock, [2009] O.J. No. 1125
- Livingston v. RBC Financial Group, 2010 CarswellOnt 5167 (Ont. S.C.J. July 14, 2010) leave to appeal dismissed (Ont. C.A. Oct 27, 2010, and S.C.C. Dec 21, 2010)
- Shineoff v. BMO Nesbitt Burns Inc., 2010 ONSC 926
- Baffinland Iron Mines Corp., Re, 2011 ONSC 2761
- Deep v. ScotiaMcLeod Direct Investing, 2011 ONSC 4821 (S.C.J.)
- Hodaie v. RBC Dominion Securities et al., 2011 ONSC 6881 (ONT SCJ) affirmed (2012 ONCA 796 (ONT CA))
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Memberships and activities
- Canadian Bar Association
- The Advocates’ Society
- New York State Bar Association
- Ontario Bar Association