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D. Michael Brown

Partner

D. Michael  Brown

Toronto

T:+1 416.216.3962

Michael Brown’s practice is in civil litigation and regulatory matters, with an emphasis on class actions, competition litigation, and consumer product safety/liability. He advises and represents corporate defendants in antitrust class actions involving alleged breaches of the Competition Act, product liability and recall class actions, and securities class actions relating to the purchase or issuance of securities. Mr. Brown regularly advises clients in the consumer and commercial products and services sectors on regulatory matters relating to competition law, consumer product safety, advertising and marketing, and product recalls. He represents clients in their dealings with the Competition Bureau, Health Canada and other regulatory agencies, including in relation to regulatory and criminal investigations, applications for leniency or immunity and court and tribunal proceedings.   

Mr. Brown has appeared as counsel at all levels of court, including the Ontario Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada. He has also appeared on behalf of defendants in class actions before the superior courts of British Columbia, Saskatchewan, New Brunswick, and Newfoundland and Labrador. In addition, he has represented clients in proceedings before the Competition Tribunal and in competition-related prosecutions before the criminal courts.

Mr. Brown also represents corporate defendants and plaintiffs in general corporate and commercial litigation matters, including disputes involving breach of contract, breach of fiduciary duty, director and officer liability, shareholder rights, professional negligence, oppression, negligent misrepresentation and fraud.

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  • Education

    LL.B., Western University, 1995
    B.A.(Hons.), Philosophy, Western University, 1991

  • Representative experience

     

    Mr. Brown has acted recently for the following clients:

    • Avis Budget Group in defence of an application by the commissioner of competition before the Competition Tribunal in relation to alleged misleading price advertising of rental cars
    • Mattel/Fisher-Price regarding class actions relating to recalls of trikes and high chairs
    • A major financial institution in a national class action regarding alleged anticompetitive conduct in the foreign currency exchange markets
    • Various consumer product manufacturers, importers and retailers regarding Canadian recalls of a wide range of consumer products, including liaising with Health Canada on the recall process 
    • Mattel/Fisher-Price regarding class actions relating to toy recalls involving lead paint and magnets
    • Sharp Corporation and related companies in class actions in Ontario and British Columbia regarding allegations of price-fixing in the liquid crystal display (LCD) market
    • Dow Chemical Company regarding class actions based on allegations relating to the use of Agent Orange and other herbicides at CFB Gagetown
    • Archer Daniels Midland in numerous class actions in Ontario and British Columbia relating to allegations of price-fixing in respect of four different commodity products
    • Smurfit-Stone Container Corp. and related companies in class actions in Ontario and British Columbia relating to allegations of price-fixing in the linerboard market
    • Domtar Inc. in a class action based on allegations of price-fixing in the carbonless paper market

     

  • Admissions
    • Ontario 1997
  • Rankings and recognitions
    • Best Lawyers in Canada, 2010-2017: Class Action Litigation
    • Gold Medallist, University of Western Ontario, 1991
  • Speaking engagements
    • “Chadha v. Bayer: Anomaly Or Reality Check? The Competition Act, Class Actions And Causation,” Class Actions: The Litigators Conference, Insight Information Co., January 24-25, 2002.
    • “Litigating Forward-Looking Corporate Disclosure: Fact Or Forecast?” Securities Litigation, The Canadian Institute, October 29-30, 2001.
    • “Aggregate Assessment Of Damages In Class Actions” (with Charles F. Scott), Civil Litigation: What’s the Damage?, Canadian Bar Association Ontario, February 3, 2001.
    • “Using Electronic Evidence To Prove Your Case” (with Charles F. Scott), Electronic Evidence: Managing, Collecting and Using Computer-Based Evidence, Insight Information Co., Toronto, September 29, 2000.
  • Memberships and activities

    • Canadian Bar Association

      • Vice-chair, Competition Litigation Committee
      • Reviewable Matters and Private Actions Committees, Competition Law Section
    • Law Society of Upper Canada
    • Ontario Bar Association
    • The Advocates’ Society
      • Past Chair of the Young Advocates Committee