David W. Kent 

Co-Chair, Class Action Defence, Dispute Resolution, Intellectual Property
Toronto  t: 416.865.7143  |  e: david.kent@mcmillan.ca

David W. Kent

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7143
e: david.kent@mcmillan.ca

overview

David is a partner in the firm's Litigation, Competition/Antitrust and Intellectual Property Groups. He is the National Co-Chair of the firm's Dispute Resolution and Class Action practices.

David's practice emphasizes complex litigation involving competition, intellectual property, commercial, regulatory and securities and governance disputes in a wide variety of industries. He has extensive experience in domestic, international and cross-border cartels, conspiracies and class actions. David has been defence counsel in two of the largest Canadian criminal cartel prosecutions and in many of the major Canadian civil cartel cases (including Vitamins, Linerboard, Copper Futures, Rubber Chemicals, Travel Agents, Computer Components (including DRAM, SRAM, Flash, and LCD and CRT Monitors), E-Books and Credit Cards. His class action experience includes precedent setting decisions on a wide range of issues including securities law, cartel jurisdiction, cross-border discovery and class action certification and settlement. David has also advised Canadian and US broadcasters and cable networks and online music services on copyright issues for over 30 years, including issues arising from the use of music on the Internet. David regularly appears before federal and provincial trial and appellate courts and administrative tribunals across the country. He is a Fellow of the American College of Trial Lawyers.

David served as Law Clerk to the Chief Justice of Ontario before rejoining the firm in 1984.

 

Representative Matters

  • Competition Commissioner v. Visa et al (RPM proceeding before Competition Tribunal – for MasterCard)
  • Credit Card conspiracy class actions (for MasterCard)
  • E-Books conspiracy class actions (for Penguin)
  • Computer Memory conspiracy class actions (DRAM/SRAM/Flash) (for Micron)
  • Gmail privacy class action (for Google)
  • Children's medicines consumer deception class actions (for Novartis) 
  • Cross-border vehicle manufacturers conspiracy class action (for Honda)
  • Cross-border import restriction conspiracy class action (for Mercedes Benz)
  • Copper Futures conspiracy class actions (for JP Morgan/UBS)
  • Rubber Chemicals conspiracy class actions (for Crompton)
  • Vitamins conspiracy class actions (for BASF)
  • Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38 (for MPTAC) 
  • Copyright Royalty Rate Proceedings (for Canadian Association of Broadcasters, CBC, MPA-Canada, Motion Picture Theatre Associations of Canada, YouTube, Microsoft, Netflix, Pandora)

Presentations

What you need to know about Corporate Governance in 2016

Publications

Getting the Deal Through - Private Antitrust Litigation 2016, Canada Chapter
The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy
The Competition Tribunal Can Be Reviewed On Correctness
No More Misleading Advertising Class Actions?
Competition Class Actions: The Pendulum Swings Back
BC's Court of Appeal Decertifies "Children's Cough and Cold" Class Action and Confirms that the Business Practices and Consumer Protection Act is an "Exhaustive Code" for the Regulation of Consumer Transactions in British Columbia
Supreme Court of Canada trilogy holds that indirect purchasers may advance class action for recovery of unlawful price-fixing
Canada Chapter in Getting The Deal Through - Private Litigation 2012
The Canadian approach to 'passing on' and indirect purchaser claims
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2011
Gatekeepers or Ticket Takers?
Canadian and American courts diverge on the role of evidence in antitrust class action certification
Globalization of Class Actions

Education

  • University of Toronto, LLB (Hons, Dean's Key) - 1981
  • Carleton University, BA (with distinction) - 1976

Year Of Call

  • Called to the Ontario bar - 1983

Practices

data breach and privacy litigation
litigation
competition and antitrust
class actions
cartels
copyright
securities litigation
appellate advocacy
administrative law

Industries

media
pharmaceuticals
automotive manufacturers and distributors
information technology
telecommunications

Directorships and Professional Associations

  • Canadian Bar Association
  • Intellectual Property Institute of Canada
  • American Bar Association (Section on Antitrust)
  • Fellow of the American College of Trial Lawyers

Teaching Engagements

  • Osgoode Hall Law School – Alternate Dispute Resolution (2005-07)
  • Queen's University Law School – Alternate Dispute Resolution (1999-2004)
  • Assistant Program Director – Copyright Master Class – McGill (August 2013)
  • Program Director - Copyright Master Class - McGill (August 2014)

Community Involvement

  • Casey House – "The 100"

Awards & Rankings

  • Chambers Global 2016 - Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence)
  • Managing Intellectual Property - IP Stars 2015
  • LEXPERT and American Lawyer - Guide to the Leading 500 Lawyers in Canada - Class Actions, Competition Law and Litigation - Corporate Commercial
  • LEXPERT - "Consistently Recommended" for Class Actions, Competition Law, Litigation - Corporate Commercial and Litigation - Directors' & Officers' Liability 
  • LEXPERT Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada - Competition Law
  • International Law Office Client Choice Award - Intellectual Property: Copyright, Ontario 
  • The Legal 500 Canada - Competition and Antitrust & Dispute Resolution
  • The Best Lawyers in Canada - Class Action Litigation and Competition/Antitrust Law 
  • Who's Who Legal - Competition Law
  • Benchmark Canada - Competition Litigation and General Litigation
  • Chambers Canada - Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence) and Dispute Resolution: Ontario
  • Chambers Global - Competition/Antitrust: Litigators, Dispute Resolution: Class Actions (Defence) and Dispute Resolution: Ontario 
  • PLC - "Recommended" for each of Competition/Antitrust and Media and Communications
  • Euromoney - Guide to the World's Leading Competition and Antitrust Lawyers 
  • Martindale and Hubbell - AV

Media Mentions

  • "Judges are unmoved on pre-certification challenges" by Drew Hasselback, National Post, June 2013
  • "B.C. Court of Appeal approves DRAM memory class action", National Post, November 2011
  • "Managing Global Class Actions", Canadian Lawyer InHouse Magazine, September 2011
  • "Copyright bill may spark battle over who owns what", CBC Online, May 2011
  • "Copyright reform", CBC Radio One Business Report, May 2011 
  • "Made in the U.S.A" by Robert Todd, Canadian Lawyer InHouse Magazine, December 2010
  • "Unsettled law" by Kelly Harris, Canadian Lawyer InHouse Magazine, April 2010
  • "The price is right", National Post, December 2009 
vcard

David is a partner in the firm's Litigation, Competition/Antitrust and Intellectual Property Groups. He is the National Co-Chair of the firm's Dispute Resolution and Class Action practices.

David's practice emphasizes complex litigation involving competition, intellectual property, commercial, regulatory and securities and governance disputes in a wide variety of industries. He has extensive experience in domestic, international and cross-border cartels, conspiracies and class actions. David has been defence counsel in two of the largest Canadian criminal cartel prosecutions and in many of the major Canadian civil cartel cases (including Vitamins, Linerboard, Copper Futures, Rubber Chemicals, Travel Agents, Computer Components (including DRAM, SRAM, Flash, and LCD and CRT Monitors), E-Books and Credit Cards. His class action experience includes precedent setting decisions on a wide range of issues including securities law, cartel jurisdiction, cross-border discovery and class action certification and settlement. David has also advised Canadian and US broadcasters and cable networks and online music services on copyright issues for over 30 years, including issues arising from the use of music on the Internet. David regularly appears before federal and provincial trial and appellate courts and administrative tribunals across the country. He is a Fellow of the American College of Trial Lawyers.

David served as Law Clerk to the Chief Justice of Ontario before rejoining the firm in 1984.

 

  • Competition Commissioner v. Visa et al (RPM proceeding before Competition Tribunal – for MasterCard)
  • Credit Card conspiracy class actions (for MasterCard)
  • E-Books conspiracy class actions (for Penguin)
  • Computer Memory conspiracy class actions (DRAM/SRAM/Flash) (for Micron)
  • Gmail privacy class action (for Google)
  • Children's medicines consumer deception class actions (for Novartis) 
  • Cross-border vehicle manufacturers conspiracy class action (for Honda)
  • Cross-border import restriction conspiracy class action (for Mercedes Benz)
  • Copper Futures conspiracy class actions (for JP Morgan/UBS)
  • Rubber Chemicals conspiracy class actions (for Crompton)
  • Vitamins conspiracy class actions (for BASF)
  • Re:Sound v. Motion Picture Theatre Associations of Canada, 2012 SCC 38 (for MPTAC) 
  • Copyright Royalty Rate Proceedings (for Canadian Association of Broadcasters, CBC, MPA-Canada, Motion Picture Theatre Associations of Canada, YouTube, Microsoft, Netflix, Pandora)
January 2015
No More Misleading Advertising Class Actions?
Marketing and Advertising Bulletin
July 2014
Will "Deferential Correctness" Impact Your Business?
TerraLex Connections - Newsletter
April 2014
Competition Class Actions: The Pendulum Swings Back
Competition Bulletin
January 2011
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
2011
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2011
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit www.GettingTheDealThrough.com.
November 2010
Gatekeepers or Ticket Takers?
Canadian and American courts diverge on the role of evidence in antitrust class action certification
Lexpert 2010 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
October 2010
Globalization of Class Actions
Association of Corporate Counsel annual conference – October 2010
May 2016
What you need to know about Corporate Governance in 2016
LexisNexis Webinar