Kate Findlay

Partner
Norton Rose Fulbright Canada LLP

Kate Findlay

Kate Findlay

vCard

Biography

Kate Findlay practises in the area of dispute resolution. Ms. Findlay's commercial litigation practice focuses on product liability and complex commercial litigation, in particular, class actions, contract disputes, securities litigation, professional negligence and financial disputes. She has successfully acted as lead counsel before all levels of court in Ontario and has represented clients in mediations, arbitrations, before various administrative boards, tribunals and the Supreme Court of Canada.

Ms. Findlay's litigation practice is complemented by her regulatory practice where she provides advice to manufacturers, retailers, importers and distributors regarding consumer products, including advice regarding risk management, labelling and product recalls.

She routinely advises clients ranging from individuals to multinationals across a variety of sectors, with particular experience in the pharmaceutical and telecommunications sectors.

Ms. Findlay has previously served as an adjunct professor at Queen's University, Faculty of Law where she taught trial advocacy for several years. She is involved in our pro bono program and has represented several clients pro bono before the Ontario courts.


Professional experience

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J.D., Queen's University, 2008
M.P.A., Queen's University, 2006
B.A. (Hons.), University of Toronto, Trinity College, 2005
 
  • Ontario 2009

The following are examples of the matters in which Ms. Findlay has been involved:

  • Representing a pharmaceutical company in a successful trial decision dismissing allegations pertaining to the negligent design and manufacture of a vaccine product
  • Defence of a manufacturer and distributor in a class action alleging misleading advertising claims in relation to a natural health product
  • Representing a pharmaceutical company in a summary judgment motion and before the Ontario Court of Appeal in defence of a product liability claims relating to an anti-depressant
  • Representing a pharmaceutical company opposing certification in a class action in Alberta relating to product liability claims made in relation to anti-depressant
  • Representing a global engineering, procurement and construction firm in defence of a shareholder class action bringing statutory causes of action under the Securities Act for misrepresentation in the secondary market
  • Representing an intervener in an action dealing with the constitutionality of CPSO policies requiring physicians to provide an "effective referral" to patients
  • Representing a global financial institution in its successful summary judgment motion obtaining dismissal of negligence claim, successful defence of appeal to summary judgment motion, including successful cross-appeal with respect to costs
  • Representing a telecommunications company in four arbitrations over three years in its successful defence of and prosecution of misleading advertising claims pursuant to the Competition Act
  • Representing numerous physicians in the defence of a variety of types of medical malpractice actions, College of Physicians and Surgeons of Ontario and Health Professions Appeal and Review Board matters, including successful trial decision, appeal decision, summary judgment motions and divisional court applications
  • Regulatory advice regarding risk management, labelling and product recalls with respect to consumer products including adult and children's clothing, children's household products, toys, cleaning products, kitchen products, hot tubs and swim spas
  • Canadian Bar Association
  • Ontario Bar Association
  • The Advocates’ Society