Catherine Beagan Flood
Partner | Toronto
Toronto: 416-863-2269

Cathy litigates complex commercial and regulatory cases and defends class actions with a regulatory component. In particular, she is currently defending clients in multiple antitrust, product liability, consumer protection and privacy class actions.

Cathy has been counsel in many of the leading privacy and information law cases in Canada and acts as defence counsel and breach coach for clients experiencing a data breach or cybersecurity incident.

SELECT EXPERIENCE

Recent cases that Cathy has been involved with include:

  • Acted as lead counsel to the successful appellant in Royal Bank of Canada v. Trang, the leading Supreme Court of Canada decision interpreting Canada’s private-sector privacy legislation
  • Acted as lead counsel to Merck in Merck Frosst Canada Ltd. v. Canada (Health) with respect to the confidentiality of third-party information requested under the Access to Information Act
  • Appeared before the Supreme Court of Canada in 13 other appeals on regulatory, constitutional, class action and tort law issues
  • Counsel to a public-sector entity, gaming facility, automotive manufacturers and an investment company in class actions relating to alleged privacy breaches
  • National counsel for Merck & Co. and Merck Frosst with respect to the Vioxx class actions commenced across Canada
  • Counsel in numerous antitrust class actions, including proceedings relating to computer operating systems, polyether polyols, hydrogen peroxide, chocolate, LCD panels, optical disk drives, SRAM and CRT
  • Counsel to the Standing Committee on Public Accounts of the Legislative Assembly for Ontario with respect to its inquiry regarding the Ornge air ambulance service
  • Counsel to the Government of Canada with respect to the Judicial Compensation and Benefits Commission
  • Counsel to Labatt in Canada (Commissioner of Competition) v. Labatt Brewing Company Ltd. (affirming Competition Tribunal decision regarding Labatt take-over of Lakeport)
  • Represented the House of Commons with respect to parliamentary privilege before the Gomery Commission of Inquiry into Sponsorship Activities and the Arar Commission of Inquiry
AWARDS & RECOGNITION

Benchmark has named Cathy as one of the Top 25 Women in Litigation for each of the past four years (2014-2017). She is also recognized as a leading litigation lawyer in the following publications:

  • The Best Lawyers in Canada 2018 (Corporate and Commercial Litigation, Privacy and Data Security Law)

  • Who's Who Legal: Canada 2017 (Life Sciences & Product Liability Defence)

  • The Canadian Legal Lexpert Directory 2017 (Litigation - Public Law)

  • The Legal 500 Canada (Dispute Resolution)
  • The Canadian Legal Lexpert Directory (Litigation - Public Law)
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys (National Litigation Star: Canada - Class Actions, Competition and Product Liability; Provincial Litigation Star: Honourable Mention (the highest category) - Class Action, Commercial, Competition and Product Liability)
  • The Best Lawyers in Canada (Corporate and Commercial Litigation)
  • Who's Who Legal: Canada (Product Liability)

  • Who's Who Legal: Life Sciences (Product Liability Defence)
  • The 2009 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada
  • Lexpert magazine, November/December 2007 ("Rising Stars: Leading Lawyers Under 40")
PUBLICATIONS
Show Past:
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Author: Chapter 11, Proving Antitrust Damages in Jurisdictions Outside the United States - Canada
Proving Antitrust Damages: Legal and Economic Issues, Third Edition, ABA Book Publishing, 2017.
Co-author: Privacy Class Actions Five Years after Jones v. Tsige - Key Ontario and Federal Court Decisions
Privacy Class Actions: Defining the Standard of Care and Exploring the Impacts of a Breach, Ontario Bar Association's Institute, Toronto, Ontario, February 8, 2017.
Co-author: One Step Closer to Mandatory Breach Reporting Across Canada: Consultations Open
LexisNexis Newsletter, Commercial Times, No. 585, April 2016.
Blakes Bulletin on Litigation & Dispute Resolution, January 20, 2016.
Blakes Bulletin on Litigation & Dispute Resolution or Restructuring & Insolvency , November 18, 2016
Co-author: Changing the Face of Public Law Litigation in Canada: Paradis Honey Ltd. v. Canada
Regulatory Boards and Administrative Law Litigation Journal, Volume XII, No. 4, 2016.
Presented at Privacy Class Actions in Canada, Ontario Bar Association, Toronto, Ontario, October 19, 2015.
Blakes Bulletin on Litigation & Dispute Resolution, July 2015.
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PROFESSIONAL APPEARANCES
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Speaker: Managing the Consequences of a Breach of the Standard
Privacy Class Actions: Defining the Standard of Care and Exploring the Impacts of a Breach, Ontario Bar Association's Institute, Toronto, Ontario, February 8, 2017.
Speaker: Minimizing the risk of litigation
Benchmark Women in Litigation Forum, New York, NY, September 20, 2016
Speaker: Best Practices for Coordinating Multi-Province Class Actions
13th National Symposium on Class Actions, Osgoode Professional Development, Toronto, Ontario, April 21, 2016.
Speaker: Key Principles: Drafting Proper Affidavits
The Advocates' Society, Preparing Winning Court Documents, Toronto, Ontario, April 14, 2016.
Speaker: The Record of Class Certification for Privacy Claims
OBA Professional Development, Privacy Class Actions in Canada Program, Toronto, Ontario, October 19, 2015.
Speaker: Top Ten Issues in Access for Third Parties
2015 CBA Annual Access to Information and Privacy Law Symposium, Ottawa, Ontario, October 2, 2015.
Speaker: Best Practices in Dealing with Post Cyber Attack Litigation Risk in 2015
The Knowledge Group Webcast Series, June 2, 2015.
Speaker: Bend, Don't Break: Minimizing the Impacts of a Data Breach
International Association of Privacy Professionals, Canada Privacy Symposium, Toronto, Ontario, May 28, 2015
Speaker: Your Loss, My Gain? Proving Damages Across Jurisdictions
American Bar Association Antitrust Spring Meeting, Washington, D.C., April 15, 2015.
Speaker: Guide to Judicial Review in Federal Court, The Practical Guide to Federal Court Practice
Osgoode Professional Development, Toronto, Ontario, February 26, 2015
Witness: Subcommittee on a Code of Conduct for Members
House of Commons, Ottawa, Ontario, February 23, 2015.
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MEDIA APPEARANCES
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Quoted: Bank fights disclosure of commercial contract
Article by Shannon Kari, Law Times, April 10, 2017.
Mentioned: Canadian Judge Rules Microsoft Files to be Privileged
Global Competition Review, February 8, 2016.
Quoted: Will Ashley Madison customers launch class action over hacking incident?
Article by Jennifer Brown, Legal Feeds: The Blog of Canadian Lawyer & Law Times, July 22, 2015.
Quoted: Companies are falling short in efforts to counter cyberattacks: report
Article by Sean Silcoff, The Globe and Mail, February 24, 2015
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