Rahool P. Agarwal

Associate

Rahool Agarwal

Toronto

T:+1 416.216.3943

F:+1 416.216.3930

Rahool Agarwal’s practice focuses on complex corporate and commercial litigation, including contractual disputes, shareholder disputes, class actions, defamation claims and injunctions.  

Mr. Agarwal also has extensive experience in constitutional law and public law. His experience includes acting as lead counsel in cases involving the constitutionality of a safe injection site, discrimination against learning disabled students in the public school system and the application of state immunity in response to allegations of torture. He has published on constitutional issues in the Review of Constitutional Studies, the Journal of Parliamentary and Political Law, Charter and Human Rights Litigation and Constitutional Forum.

Mr. Agarwal has argued cases at all levels of court in Ontario, the Quebec Court of Appeal and four cases in the Supreme Court of Canada.

Mr. Agarwal is actively involved in our pro bono program. He has represented several clients on a pro bono basis, and also volunteers with Law Help Ontario’s Superior Court and Appeals Assistance projects.

In November 2011, Mr. Agarwal was named “Young Practitioner of the Year” by the South Asian Bar Association of Toronto. In June 2013, he was awarded a “Precedent Setter Award” by the legal publication Precedent Magazine.  

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  • Year of call
    Ontario 2007
  • Law school
    J.D., University of Toronto, 2006
  • Education
    B.Comm., University of Alberta, 2003
  • Speaking engagements
    • “Intervener Motions and Supreme Court Advocacy,” Supreme Court and Constitutional Litigation Conference, The Commons Institute, June 2013.
    • “Rasouli v Sunnybrook: End-of-Life Lessons We Have Learned and Might Learn” (with Mark Handelman), Toronto East General Hospital Grand Rounds, June 2013.
    • “Intervening in Charter Appeals: Tips & Tricks,” Nuts and Bolts: Litigating Charter Applications and Appeals, Ontario Bar Association, November 2012.
    • “Intrusion Upon Seclusion: Ontario’s New Tort,” KPMG Lunch & Learn, October 2012.
    • “Insights on Insite,” Law Union of Ontario Conference, February 2012.
    • “Summary Judgment Motions in Ontario,” Norton Rose Canada, February 2012.
    • “Niqab on the Stand,” Osgoode Hall Law School, January 2012.
    • Canada (Attorney General) v PHS Community Services Society,” Ministry of the Attorney General, Administrative Law Practice Group Meeting, December 2011.
    • Sixth Annual Conference on Student Publishing in Law, Faculty of Law, University of Toronto, March 2011.
  • Selected client work

    Corporate/commercial: Bioniche Life Sciences (proxy battle); FC Financial Group (shareholder dispute re: exercise of shotgun clause); English Bay Batter (contract claim against fixed-price energy retailer); Imvescor Restaurants (enforceability of restrictive covenants); RX Exploration (proxy battle); Bank of America (Circuit City restructuring)

    Class actions: Pfizer (validity of Viagra patent); Imperial Tobacco (claim by tobacco growers re: historical tobacco smuggling); Canadian National Railway (misclassification of managerial employees); Bank of Nova Scotia (claim by retail bank employees for overtime pay)

    Complex litigation: Merck (claim under section 8 of the PM(NOC) Regulations); Imperial Tobacco (contractual dispute with governments of Canada and Ontario); Porter Airlines (judicial review involving operations at the Island Airport); Porter Airlines (defamation claim against union for statements made during a strike); S.A. Capital (parameters of the doctrine of absolute privilege); Celulosa Arauco y Constitucion (letters rogatory application for a Chilean company with respect to a multi-million dollar environmental contamination claim)

    Injunctions: Money In Motion (injunction to prohibit improper solicitation and misuse of confidential information); Interprovincial Lottery Corporation (injunction to compel a lottery draw)

    Constitutional/public Law: The REDRESS Trust (Kazemi v Islamic Republic of Iran); Canadian Association of Critical Care Nurses (Cuthbertson v Rasouli); Barbra Schlifer Commemorative Clinic (NS v Her Majesty The Queen); International Dyslexia Association, Ontario Branch (Moore v British Columbia); Registered Nurses’ Association of Ontario (Canada v PHS Community Service Society)

  • Rankings and recognitions
    • 2013 Precedent Setter Award, Precedent Magazine
    • 2011 Young Practitioner of the Year, South Asian Bar Association of Toronto
    • Goodmans Prize in Administrative Law
    • Top team and top oralist, 2005 Wilson Moot Competition
    • Top team, 2005 Canadian National Debating Championship
  • Memberships and activities
    • Canadian Bar Association
    • Ontario Bar Association
    • The Advocates’ Society
    • Contributing editor, Commercial Litigation and Arbitration Review