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 privacy, antitrust, product liability and consumer protection 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 14 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 five years (2014-2018). She is also recognized as a leading litigation lawyer in the following publications:

  • The Best Lawyers in Canada - 2018-2020 (Corporate and Commercial Litigation, Privacy and Data Security Law)

  • The Canadian Legal Lexpert Directory 2019 (Class Actions, Litigation - Public Law)

  • Who’s Who Legal: Canada 2019 (Life Sciences)

  • Who’s Who Legal: Canada 2018 (Product Liability Defence)

  • The Canadian Legal Lexpert Directory 2018 (Litigation - Public Law)

  • Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys – 2018 Edition (Litigation Star – Class Action, Competition, General Commercial and Product Liability)

  • The Legal 500 Canada (Dispute Resolution)

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

  • Lexpert magazine, November/December 2007 ("Rising Stars: Leading Lawyers Under 40")

PUBLICATIONS
Show Past:
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Blakes Bulletin on Litigation & Dispute Resolution, May 28, 2019.
A Special Litigation Presentation: Cybersecurity and Privacy Law for Litigators, The Advocates’ Society, Toronto, Ontario, October 23, 2017.
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.
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PROFESSIONAL APPEARANCES
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Speaker: Let's talk money: What is my exposure for a privacy breach?
NetDiligence® Cyber Risk Summit, Toronto, Ontario, April 4, 2019.
Chair: Legal Drafting for Litigators Program
The Advocates’ Society, Toronto, Ontario, February 6, 2019.
Speaker: Class Actions and Critical Practice Updates
Cybersecurity and Privacy Law for Litigators, The Advocates’ Society, Toronto, Ontario, November 9, 2018.
Speaker: Human Rights Developments
2018 Legal Section Annual Meeting, Canadian Life and Health Insurance Association, Montreal, Quebec, October 10-12, 2018.
Speaker: Canada’s Data Opportunity
Canadian Chamber of Commerce, Toronto, Ontario, April 10, 2018.
Speaker: Surveillance and Cyberattacks
New Developments in Communications Law and Policy Conference, International Institute of Communications, Canadian Chapter, Ottawa, Ontario, November 14-15, 2017.
Speaker: Canadian Update: Top 5 Regulatory Decisions and Guidance
CBA Access to Information and Privacy Law Symposium, Ottawa, Ontario, October 27-28, 2017.
Speaker: Litigation Strategies Involving Privacy and Access Issues
A Special Litigation Presentation: Cybersecurity and Privacy Law for Litigators, The Advocates’ Society, Toronto, Ontario, October 23, 2017.
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.
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MEDIA APPEARANCES
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Quoted: Leading in Litigation
Article by Jennifer Brown, Canadian Lawyer InHouse Magazine, Volume 13, Issue 1, January 2018.
Quoted: IoT to impose ‘incredible’ legal responsibility on telecoms: panel
Article by Ahmad Hathout, The Wire Report, November 15, 2017.
Quoted: Bank fights disclosure of commercial contract
Article by Shannon Kari, Law Times, April 10, 2017.
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