D. Michael Brown
Michael Brown practises primarily civil litigation, with an emphasis on class actions and competition litigation. He advises and represents corporate defendants in antitrust class actions involving alleged breaches of the Competition Act, securities class actions relating to the purchase or issuance of securities, personal injury class actions arising out of mass accidents, product liability class actions, and real estate class actions on behalf of condominium developers.
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.
He has also represented corporate defendants and plaintiffs in general corporate and commercial litigation matters, including disputes involving breach of contract, breach of fiduciary duty, oppression and fraud, court proceedings relating to large corporate acquisitions, actions by employees for wrongful dismissal, and actions to restrain the use of confidential information by departing employees.
Year of call
LL.B., Western University, 1995
B.A.(Hons.), Philosophy, Western University, 1991
Selected client work
Mr. Brown has acted recently for the following clients:
- 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 relating to 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
- Magna Donnelly Corporation in a product liability class action relating to allegedly defective automobile parts
- Nortel Networks Corporation in class actions by Nortel shareholders based on allegations of misrepresentation in financial reports
- Canadian National Railway Company in two different class actions by rail passengers arising out of train derailments
- Domtar Inc. in a class action based on allegations of price-fixing in the carbonless paper market
- GlaxoSmithKline in a class action based on the use of Thimerosal in vaccines
- “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.
Rankings and recognitions
- Best Lawyers in Canada, 2012-2013 - Class Action Litigation
- Gold Medallist, University of Western Ontario, 1991
Memberships and activities
- Law Society of Upper Canada
- Ontario Bar Association
- Canadian Bar Association
- Reviewable Matters and Private Actions Committees, Competition Law Section
- The Advocates’ Society
- Past Chair of the Young Advocates Committee