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Catherine Beagan Flood

Partner, Toronto Office

Telephone  416-863-2269
Facsimile  416-863-2653
email
 

Profile

Cathy Beagan Flood is a litigation Partner who practises in the Litigation & Dispute Resolution Group. She has a specialized practice in litigating administrative/regulatory and constitutional law cases (including competition, telecommunications, broadcasting, and freedom of and privacy cases) and class actions, in addition to practising general civil and commercial litigation.

Cathy is recognized in Chambers Global: The World's Leading Lawyers for Business 2010 for dispute resolution. In 2007, Lexpert magazine named Cathy as one of Canada's leading lawyers under 40. She is also ranked as a "Canadian Litigation Lawyer to Watch" in The Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada. In 2005, the board of directors of the Osgoode Hall Law School Alumni Association awarded Cathy a Gold Key Award in recognition of exceptional professional achievement by a recent graduate.

Cathy has argued before all levels of courts, including the Supreme Court of Canada and the Ontario and Federal Courts of Appeal. A selection of Cathy's cases include the following:

  • Bell Canada v. Bell Aliant Regional Communications, 2009 SCC 40 (powers of the Canadian Radio-television and Telecommunications Commission (CRTC) regarding rate regulation)
  • Canadian Western Bank v. Alberta, 2007 SCC 22 (constitutional division of powers with respect to banks' promotion of creditor insurance)
  • Pro bono representation in the Supreme Court of the BC Civil Liberties Association in Criminal Lawyers Association v. Ontario (decision pending) (access to information) and of the Federation of Law Societies in Charkaoui v. Canada, 2007 SCC 9 (constitutional law)
  • Barrie Public Utilities v. Canadian Cable Television Association, [2003] 1 S.C.R. 476; 2003 SCC 28 (powers of the CRTC with respect to access to transmission lines)
  • Six other Supreme Court of Canada appeals on regulatory, constitutional and tort law issues
  • Canada (Commissioner of Competition) v. Labatt Brewing Company Ltd., 2008 FCA 22 (affirming Competition Tribunal decision regarding Labatt take-over of Lakeport)
  • Canadian Imperial Bank of Commerce v. Canada (Canadian Human Rights Commission), 2007 FCA 272; [2007] F.C.J. No. 1113 (freedom of information)
  • Represents Merck Frosst with respect to Vioxx class actions across Canada
  • Commissioner of Competition v. Labatt Brewing Company Ltd., 2008 FC 59 (limits on powers of Commissioner to obtain production order)
  • Antitrust class actions relating to computer operating systems, polyether polyols and hydrogen peroxide
  • Gomery Commission of Inquiry into Sponsorship Activities and Arar Commission of Inquiry (represented the House of Commons with respect to parliamentary privilege)

From 2000 to 2007, Cathy taught a course on privacy and freedom of information at Osgoode Hall Law School. Before joining Blakes, she graduated as gold medallist from Osgoode Hall Law School. She was law clerk to The Right Honourable Antonio Lamer, P.C., C.C., Chief Justice of Canada from 1997 to 1998. After completing her clerkship, Cathy received an LL.M. degree from Harvard Law School, where she studied administrative, constitutional and media law as a Frank Knox Memorial fellow and Canada-U.S. Fulbright scholar.



 
     
 

Areas of Law

Litigation & Dispute Resolution
Class Actions
Constitutional & Charter of Rights
Competition Litigation
Communications
Privacy
 
 

Education

Admitted to the Ontario Bar - 2000
LL.M., Harvard Law School - 1999
LL.B., Osgoode Hall, York University - 1997
B.A., University of Prince Edward Island - 1994
 
 

Recent Publications

Co-author - Indirect Purchaser Class Actions in Canada: The Pendulum Swings", Practising Law Institute, New York, New York, 2010.

Author - "Chief Justice Lamer and Freedom of Expression: Principle, Pragmatism and The Boys of St. Vincent", The Sacred Fire: The Legacy of Antonio Lamer, eds. A. Dodek and D. Jutras (Markham: Lexis Nexis, 2009)

Co-author - "The Rising Tide of Competition Litigation in Canada", 2008 Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada.

Co-author - "Federal Court Ruling Reins in Competition Bureau: Beer Subpoenas Set Aside Federal Court Ruling Reins in Competition Bureau: Beer Subpoenas Set Aside ", Blakes Bulletin on Competition Law, January 2008.

Author - "Competition Bureau Issues Draft Information Bulletin on Searches And Seizures", Blakes Bulletin on Competition Law, June 2007.

Author - "Freedom of Commercial Expression: The Most Undervalued Charter Right", (2006) 21 National Journal of Constitutional Law 271.

 
 

Recent Professional Activities

Speaker - "Privacy Law Update", Blakes Client Seminar, Toronto, Ontario, May 7, 2009.

Speaker - "Privacy and Litigation", Ontario Bar Association, Toronto, Ontario, November 2008.

Speaker - "Developments in Fundamental Freedoms - Freedom of Expression", Ontario Bar Association 6th Annual Charter Conference: The Charter at 25, Toronto, Ontario, September 28, 2007.

Speaker - "Understanding Privacy, Confidentiality and Privilege in the Context of E-Document Management and Retention", Infonex, Toronto, Ontario, September 20, 2006.

 
     
     
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