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

Competition Law Implications for Use of Big Data in Canada
March of the Plaintiffs - How Counsel Should Prepare for an Open Season of Litigation
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
Conspiracy Class Action Certification: Canada and U.S. Diverge
Canada
Canada: Private Antitrust Litigation
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2010
Private Antitrust Litigation in Canada
Canada Chapter in: Getting the Deal Through – Private Antitrust Litigation 2008
Getting the Deal Through – Private Antitrust Litigation 2007
Private Antitrust Litigation in Canada
Cross-Border Class Action Settlements: Unwilling Litigants in the U.S. Courts
Conspiracy Class Actions: Evidence on the Motion for Certification
Prospectus Disclosure and the Business Judgement Rule: Lessons from Danier
Private Antitrust Litigation In Canada
Kerr v. Danier Leather ups the ante for class action defendants
Costly Class Action Costs Awards: 'Legal Premiums' Raise The Bar In Ontario
Canada Chapter in Getting the Deal Through - Dispute Resolution 2005
Excerpt from 'Placing a Premium on Prevention'
Cross-Border Class Action Settlements - Can US Courts Bind Canadians?
Canada Chapter in Arbitration World (ed. J.William Rowley QC)
Indirect Purchaser Claims - A Canadian Approach
Indirect Purchaser Price Fixing Claims- A Canadian Approach
Certification of class actions in Canada - has the tide turned for product liability class actions?
Class Actions Canadian Style
Canada chapter in Cartel Regulation 2003: Getting the Deal Through
British Columbia Court of Appeal Rules on Purchasers Entitled to Statutory Cause of Action for Prospectus Misrepresentation

News

McMillan Lawyers Earn 41 Rankings across 23 Categories in Chambers Canada 2020
71 McMillan Lawyers Named in the 2020 Edition of Best Lawyers in Canada
McMillan LLP Once Again Recognized as a Top Patent, Trademark and Copyright Firm in Managing Intellectual Property's IP STARS
60 McMillan Lawyers Recognized in the 2019 Canadian Legal Lexpert Directory
McMillan LLP recognized in the 2019 Benchmark Litigation Canada Guide
Chambers Global 2019 has ranked McMillan as a leading law firm in several practice areas
McMillan lawyers recognized in the 2019 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan Lawyers Recognized in Lexpert's Special Edition on Litigation – 2018
32 McMillan lawyers recognized in Who's Who Legal Canada 2018
McMillan lawyers are well represented in the 2019 edition of Chambers Canada
65 McMillan Lawyers Named in the 2019 Edition of Best Lawyers in Canada
McMillan lawyers well-represented in the 2018 Canadian Legal Lexpert Directory
Chambers Global 2018 has ranked McMillan as a leading law firm in several practice areas
33 McMillan lawyers recognized in Who's Who Legal Canada 2017
McMillan lawyers are well represented in the 2018 edition of Chambers Canada
Margaret McNee recognized as Mutual Funds Lawyer of the Year, along with 58 McMillan Lawyers in the 2018 Best Lawyers in Canada Report
McMillan lawyers well-represented in the 2017 Canadian Legal Lexpert Directory
Chambers Global 2017 has ranked McMillan as a leading law firm in several practice areas
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers for 2016
Seven McMillan lawyers appear in Lexpert's Special Edition on Canada's Leading Litigation Lawyers 2016
McMillan lawyers are well represented in the 2017 edition of Chambers Canada
61 McMillan lawyers recognized in The Best Lawyers in Canada 2017
McMillan Lawyers featured in the Lexpert 2016 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers well-represented in the 2016 Canadian Legal Lexpert Directory
Neil Campbell and McMillan's Competition Group honoured at the 2016 Global Competition Review Awards
David Kent inducted into American College of Trial Lawyers
McMillan lawyers recognized in 2016 Chambers Global
Karl Gustafson and David Kent honoured with ILO Client Choice Awards
McMillan lawyers listed in the 2016 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan lawyers recognized in Lexpert's Special Edition on Canada's Leading Litigation Lawyers
McMillan lawyers are well represented in inaugural edition of Chambers Canada
Competition and Antitrust Group contribute chapter to the Getting the Deal Through – Private Antitrust Litigation 2016 Edition
60 McMillan lawyers recognized in the 10th Edition of The Best Lawyers in Canada
McMillan LLP ranks among top Canadian patent and trademark firms in Managing Intellectual Property's IP Stars Handbook
McMillan Lawyers featured in the Lexpert 2015 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers are well represented in the 2015 Canadian Legal Lexpert Directory
McMillan's Competition/Antitrust Group Honoured at the 2015 Global Competition Review Awards
McMillan lawyers recognized in 2015 Chambers Global
McMillan lawyers listed in the 2015 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan lawyers named amongst Canada's Leading Litigation Lawyers by Lexpert
The Legal 500 Canada 2015 recognizes 16 McMillan lawyers
Who's Who Legal: Canada 2014 recognizes 17 McMillan lawyers
McMillan lawyers recognized in the 2015 Best Lawyers in Canada
Fourteen McMillan Lawyers featured in the Lexpert 2014 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
McMillan lawyers are well represented in the 2014 Canadian Legal Lexpert Directory
McMillan Honoured at Global Competition Review Awards
McMillan lawyers are well represented in the 2014 Chambers Global Directory
Nine McMillan lawyers listed in the 2014 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
McMillan listed as "Canada Elite" by Global Competition Review (GCR)
Who's Who Legal: Canada 2013 recognizes 21 McMillan lawyers
49 McMillan lawyers recognized in the 2014 Best Lawyers in Canada
David Kent quoted in The Globe and Mail on landmark HudBay decision
Canadian Legal Lexpert Directory 2013 Recognizes 44 McMillan Leading Practitioners
National Post quotes David Kent on arguing a summary judgment motion at the same time as a certification hearing
McMillan Achieves Impressive Results in Who's Who of Competition Lawyers
McMillan lawyers are well represented in the 2013 Chambers Global Directory
Ten McMillan lawyers listed in the 2013 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Five McMillan lawyers recognized in Lexpert's Special Edition Report on Business: Canada's Leading Litigation Lawyers
David Kent successfully represents the Motion Picture Theatre Associations of Canada in groundbreaking copyright case
47 McMillan lawyers recognized in the 2013 Best Lawyers in Canada
Seven McMillan lawyers featured in the Lexpert 2012 Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada
Canadian Legal Lexpert Directory 2012 Recognizes 39 McMillan Leading Practitioners
McMillan Lawyers are well represented in the 2012 Chambers Global Directory
McMillan listed as "Canada Elite" by Global Competition Review (GCR)
Eight McMillan lawyers featured in the 2012 LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada
Who's Who Legal: Canada 2011 recognizes 25 McMillan lawyers
50 McMillan Lawyers recognized in the 2012 Best Lawyers in Canada
Canadian Legal Lexpert Directory 2011 recognizes 35 McMillan leading practitioners
McMillan Lawyers are well represented in the 2011 Chambers Global Directory

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

  • Recognized by Chambers Canada (2020) as a leading lawyer in the areas of Competition / Antitrust: Litigators; Dispute Resolution: Class Action (Defence); and Litigation: General Commercial (Ontario)
  • Recognized by Best Lawyers in Canada (2020) as a leading lawyer in the areas of Class Action Litigation and Competition / Antitrust Law
  • 2019 Managing Intellectual Property's IP Stars - Listed in the Guide to the World's Leading IP Firms and Practitioners
  • 2019 Canadian Legal Lexpert Directory - Recognized in the as a Most Frequently Recommended lawyer in the areas of Competition Law, Class Actions and Litigation – Corporate Commercial
  • 2019 Benchmark Litigation Canada Guide - Recognized as a Litigation Star
  • 2018 Benchmark Litigation Canada Guide - Recognized as a Top 50 Trial Lawyer in Canada and a Litigation Star
  • Chambers Global (2019) - Recognized as a leading lawyer in the area of Competition / Antitrust: Litigators
  • Lexpert / American Lawyer Guide to the Leading 500 Lawyers in Canada 2019: Class Actions; Competition Law; Litigation – Corporate Commercial 
  • 2018 Canadian Legal Lexpert Directory - Recognized as a Most Frequently Recommended lawyer in the areas of Competition Law and Class Actions and a Consistently Recommended lawyer in the area of Litigation – Corporate Commercial
  • Lexpert Report on Business on Litigation 2018 – Special Edition - Recognized as one of Canada’s leading litigation lawyers
  • Who’s Who Legal Canada: 2018 - Listed as a leader in Competition Law and Litigation 
  • Chambers Canada 2019 - Recognized as a leader in Competition/Antitrust: Litigators and Dispute Resolution: Class Action (Defense) and Litigation: General Commercial (Ontario) 
  • The Best Lawyers in Canada 2019 - Recognized as a leading lawyer in the areas of Class Action Litigation and Competition / Antitrust Law
  • Chambers Global 2018 - Represented as a leading Lawyer in Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence)
  • Chambers Canada 2018 - Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence) and Dispute Resolution: Ontario
  • Lexpert Guide(2017) - Represented as a leading US/Canada Cross-Border Litigation Lawyer in Canada
  • Benchmark Canada - Top 50 Trial Lawyers in Canada, Competition Litigator of the Year 2017, Litigation Star (Class Action, Competition, General Commercial, Intellectual Property)
  • Chambers Global 2017 - Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence)
  • Chambers Canada 2017 - Competition/Antitrust: Litigators, Dispute Resolution: Class Action (Defence) and Dispute Resolution: Ontario
  • LEXPERT and American Lawyer - Guide to the Leading 500 Lawyers in Canada - Class Actions, Competition Law and Litigation - Corporate Commercial
  • LEXPERT - "Most Frequently Recommended" for Class Actions, Competition Law, and Litigation - Corporate Commercial
  • LEXPERT Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada - Competition Law
  • LEXPERT's Special Edition Report on Canada's Leading Litigation Lawyers 2016 
  • 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
  • PLC - "Recommended" for each of Competition/Antitrust and Media and Communications
  • Euromoney - Guide to the World's Leading Competition and Antitrust Lawyers 
  • International Law Office Client Choice Award - Intellectual Property: Copyright, Ontario 
  • Managing Intellectual Property - IP Stars 2015
  • 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
April 2010
Conspiracy Class Action Certification: Canada and U.S. Diverge
ABA Section on Antitrust - International Antitrust Bulletin
2010
Canada
Arbitration World
2010
Canada: Private Antitrust Litigation
An extract from the 2010 Antitrust Review of the Americas - a www.GlobalCompetitionReview.com special report.
October 2009
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2010
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2010 (published in October 2009).
October 2007
Private Antitrust Litigation in Canada
The Antitrust Review of the Americas 2008
A Global Competition Review Special Report
October 2007
Canada Chapter in: Getting the Deal Through – Private Antitrust Litigation 2008
Global Competition Review, October 2007
October 2006
Getting the Deal Through – Private Antitrust Litigation 2007
Global Competition Review
October 1, 2006
Private Antitrust Litigation in Canada
The Antitrust Review of the Americas 2007
A Global Competition Review Special Report
Spring 2006
Cross-Border Class Action Settlements: Unwilling Litigants in the U.S. Courts
Article: International Antitrust Bulletin - ABA Section of Antitrust Law
February 2006
Prospectus Disclosure and the Business Judgement Rule: Lessons from Danier
Securities & Public Markets Bulletin
November 2005
Private Antitrust Litigation In Canada
The Antitrust Review of the Americas 2006
A Global Competition Review Special Report
June 24, 2005
Kerr v. Danier Leather ups the ante for class action defendants
The Lawyers Weekly, June 24, 2005
May 2005
Canada Chapter in Getting the Deal Through - Dispute Resolution 2005
Published by Global Competition Review in association with McMillan
January 2005
Excerpt from 'Placing a Premium on Prevention'
Counsel to Counsel - Brief Advice, January 2005
May 2004
Cross-Border Class Action Settlements - Can US Courts Bind Canadians?
"Points North" Column in For the Defense Magazine
March 2004
Canada Chapter in Arbitration World (ed. J.William Rowley QC)
November 2003
Indirect Purchaser Claims - A Canadian Approach
American Bar Association Canadian Law Newsletter, Volume XXXIX No.2
May 2003
Indirect Purchaser Price Fixing Claims- A Canadian Approach
International Bar Association Business Law International
May 2003
Certification of class actions in Canada - has the tide turned for product liability class actions?
Australian Product Liability Reporter, Volume 14 Number 3
February 2003
Class Actions Canadian Style
Corporate Counsel
January 2003
Canada chapter in Cartel Regulation 2003: Getting the Deal Through
London: Global Competition Review, 2002
June 5, 2018
Competition Law Implications for Use of Big Data in Canada
Toronto Intellectual Property Group, Rosewater Supper Club, Toronto, Ontario
May 25, 2017
March of the Plaintiffs - How Counsel Should Prepare for an Open Season of Litigation
CBA Competition Law, Spring Conference, Toronto, Ontario
May 2016
What you need to know about Corporate Governance in 2016
LexisNexis Webinar