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Catherine Beagan Flood

Catherine Beagan Flood
Catherine Beagan Flood Partner | Toronto
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Class Actions

  • Represents an insurer in class actions across the country relating to business interruption claims in the context of the COVID-19 pandemic

  • Succeeded in having certification dismissed in the Casino Rama and Rouge Valley Hospital privacy class actions, and is also counsel to quick service restaurant chains, a website and app and automotive manufacturers in class actions relating to alleged privacy breaches

  • Defending automobile manufacturers and pharmaceutical companies in product liability class actions

  • Counsel in numerous antitrust class actions, including proceedings relating to packaged bread, computer operating systems, polyether polyols, hydrogen peroxide, chocolate, LCD panels, optical disk drives, SRAM and CRT

  • National counsel for Merck & Co. and Merck Frosst with respect to the Vioxx class actions commenced across Canada

Appellate Advocacy

  • Lead counsel for intervenors in C.M. Callow Inc. v. Zollinger, 2020 SCC 45, one of the most significant commercial cases of 2020, which clarified the good faith duty of honest performance of contracts

  • Lead counsel for a consortium of Canada’s largest energy producers in Reference re Environmental Management Act, 2020 SCC 1, one of the most significant constitutional cases of 2020, regarding limits on British Columbia’s jurisdiction over the Trans Mountain pipeline expansion project

  • 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

  • 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

  • Lead counsel for TELUS before the Ontario Court of Appeal in a challenge to provincial legislation seeking to regulate wireless services agreements (appeal pending)

Awards & Recognition

Cathy has been recognized as one of the Top Women in Litigation in Canada for eight consecutive years by Benchmark. She is also recognized as a leading litigation lawyer in the following publications:

  • Chambers Canada: Canada’s Leading Lawyers for Business 2021 (Dispute Resolution: Class Action (Defence) – “Peers … describe her as an ‘excellent counsel.’”)

  • Who’s Who Legal: Life Sciences 2021 (Product Liability – “… a ‘master strategist’ with ‘incredible knowledge of nationwide class action law.’”)

  • Who’s Who Legal: Canada 2020 (Thought Leader, Data Privacy & Protection; Global Leader, Data Privacy & Protection and Product Liability; National Leader, Data, Life Sciences and Product Liability Defence – “… renowned for her ‘sensational class action defence record’ and is considered ‘a master strategist who is excellent in court.’”)

  • The Canadian Legal Lexpert Directory 2020 (Class Actions; Litigation – Regulatory & Public Law)

  • The Best Lawyers in Canada 2021 (Appellate Practice; Corporate and Commercial Litigation; Privacy and Data Security Law)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys – 2020 Edition (Litigation Star)

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

Professional Activities

Cathy taught a course on privacy and freedom of information at Osgoode Hall Law School from 2000 to 2008. From 1997 to 1998, she was law clerk to The Right Honourable Antonio Lamer Chief Justice of Canada.

During 2019 and 2020, Cathy chaired the Investment Committee of Women United, a United Way initiative empowering women to build strong, independent lives.

Publications
Professional Appearances
  • Speaker: Callow and Wastech: Examining the Recent SCC Decisions on the Duty of Good Faith
    The Canadian Bar Association, OBA Civil Litigation Program, Toronto, Ontario, March 25, 2021.
  • Co-chair: Digital Evidence for Litigators
    The Advocates’ Society, Toronto, Ontario, March 10, 2021.
  • Speaker: What GCs need to know in 2021: Cybersecurity, Employment, Governance and Commercial Disputes
    GC Forum, Toronto, Ontario, January 21, 2021.
  • Speaker: Protecting privacy and data
    Benchmark Women in Litigation Forum (virtual), New York, New York, November 18, 2020.
  • Chair: Key Principles in Constitutional Litigation
    Law Society of Ontario, Toronto, Ontario, November 2, 2020.
  • Co-chair: Digital Evidence for Litigators
    The Advocates’ Society, Toronto, Ontario, February 26, 2020.
  • Speaker: Data Breaches and Cyber Incidents in Review: Understanding the Legal Risks and Damages
    Data Breaches & Cybersecurity Incidents: The Legal Guide to Preparedness and Response, Osgoode Professional Development, Toronto, Ontario, November 1, 2019.
  • Speaker: Crisis Management Roundtable, Cybersecurity Data Breach
    2019 Quorum Club Programme, Toronto, Ontario, September 25-26, 2019.
  • 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.
Media Activities
  • Quoted: How the pandemic has changed litigation for women: Major challenges but positives as well
    Article by Elizabeth Raymer, Canadian Lawyer Magazine, October 2020.
  • Quoted: Digital privacy evolves in class actions
    Article by Aidan Macnab, Canadian Lawyer Magazine, September 16, 2019.
Education
Admitted to the Ontario Bar - 2000
LL.M., Harvard Law School - 1999
LL.B. (Gold Medallist), Osgoode Hall Law School, York University - 1997
B.A., University of Prince Edward Island - 1994
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