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Nicole Henderson

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  • Counsel to an investment firm in a class action relating to alleged privacy breaches, successfully opposing the plaintiffs' motion for certification

  • Counsel to a gaming facility and public-sector entity in a privacy class action arising out of a cyberattack, successfully opposing the plaintiffs’ motion for certification

  • Member of the trial team in the first medical products class action to go to trial in Ontario (146 trial days), which obtained a trial ruling dismissing the action against one of the world's leading manufacturers of life-saving cardiac devices in a national class action claiming more than C$1-billion in damages, alleging negligent design, testing and warning

  • Counsel to a defendant in a competition class action seeking approximately C$1.4-billion in damages, successfully obtaining summary judgment prior to certification on the basis of the regulated conduct defence (upheld by the Ontario Court of Appeal)

  • Counsel to a public-sector procuring entity in a judicial review application challenging its debarment of a contractor, successfully opposing the application (named one of Lexpert's Top 10 Business Decisions of 2018)

  • Lead counsel to a leading manufacturer of heavy equipment, successfully obtaining early summary judgment in a product liability case seeking over C$7-million in damages

  • Lead trial and appellate counsel in a commercial leasing dispute

  • Currently representing leading multinational manufacturers/distributors in numerous class actions and mass tort proceedings relating to medical devices and pharmaceutical medicines

  • Counsel on a judicial review application under the Ontario Freedom of Information and Protection of Privacy Act addressing the scope of the third party information exemption

Awards & Recognition

Nicole has been recognized as a leading lawyer in the following publications:

  • The Best Lawyers in Canada 2021 (Product Liability)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2020 and 2019 Editions (Future Litigation Star)

  • Benchmark 40 & Under Hot List - 2020 and 2019 (Canada)

  • Acritas Stars 2020 and 2019: Independently Rated Lawyer (Nominated as a stand-out lawyer by senior in-house counsel)

Professional Activities

Nicole is Chair of the Ontario Bar Association's Class Actions Section Executive, having served on the Executive since 2014. She is a member of The Advocates' Society, the Defence Research Institute and the International Association of Defence Counsel.

Nicole sits on the Firm's Pro Bono Committee, and has acted pro bono on a variety of matters. Since 2012, she has been the Academic Director of the Wilson Moot, which focuses on constitutional law issues affecting equity-seeking groups.

Professional Appearances
  • Co-chair: 12th Annual Class Actions Colloquium
    Ontario Bar Association, Toronto, Ontario, December 2, 2020.
  • Speaker: Understanding Your Legal Risks & Damages: An Essential Litigation Update
    Data Breaches & Cybersecurity Incidents: The Legal Guide to Preparedness and Response, Osgoode Professional Development, Toronto, Ontario, November 20, 2020.
  • Panellist: Director and Officer Liability for Privacy and Cybersecurity
    7th Annual Securities Law Symposium, Association of Corporate Counsel, Toronto, Ontario, October 1, 2020.
  • Speaker: Cybersecurity Tactics for Turbulent Times
    Episode 2, Blakes Continuity Podcast, April 20, 2020.
  • Speaker: Using (and Challenging) Digital Evidence
    Digital Evidence for Litigators, Advocates' Society, Toronto, Ontario, February 26, 2020.
  • Speaker: Preparing for a Cybersecurity Incident: Best Practices and Quick Wins
    10th In-House Counsel Summit, Law Society of Ontario, Toronto, Ontario, February 19, 2020.
  • Speaker: Issues in Modern Cross-Border Mass Torts Litigation
    International Association of Defence Counsel, Webinar, January 22, 2020.
  • Speaker: The High Stakes World of Emissions Litigation - An International Scorecard on the State of Play and What's Next
    Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program, American Bar Association, Snowmass, Colorado, January 20, 2020.
  • Speaker: Cybersecurity: Director and Officer Liabilities in the Digital Age
    Blakes Business Class Seminar on Cybersecurity, Toronto, Ontario, October 23, 2019.
  • Speaker: Class Actions Update
    All About Data, Blakes Business Class Seminar on Cybersecurity, Toronto, Ontario, May 28, 2019.
  • Speaker: Cybersecurity and Data Breach Developments
    Class Action Climate in Canada: Recent Developments and Emerging Trends, Blakes Business Class Seminar, Toronto, Ontario, January 30, 2019.
  • Moderator: Dealing with cyber risk, GDPR and privacy compliance
    Women in Litigation Forum, Benchmark Litigation, Toronto, Ontario, October 18, 2018.
  • Speaker: Mandatory Breach Reporting Under PIPEDA
    Cybercrime: Threat Landscape and Working with Law Enforcement, Blakes Business Class Seminar on Cybersecurity, Toronto, Ontario, September 20, 2018.
  • Program Chair: Class Actions: Best Practices for Class Actions Settlements
    Ontario Bar Association, Toronto, Ontario, April 20, 2018.
Media Activities
  • Quoted: Common law data breach class actions not precluded by PIPEDA
    Interviewed by Alex Pugh, GDR News, September 4, 2020.
  • Quoted: Ontario's proposed US-style class-action law will block plaintiffs, lawyers say
    Interviewed by Mark Coakley, PaRR, Latest Intelligence, Private Litigation, January 17, 2020.
  • Quoted: Digital Privacy Evolves in Class Actions,
    Interviewed by Adrian Macnab, Canadian Lawyer, September 16, 2019.
  • Quoted: Connected devices can lead to security risks
    Interviewed by Marg Bruineman, Law Times, May 14, 2018.
Admitted to the Ontario Bar - 2009
J.D. (with Honours), University of Toronto - 2008
B.A. (Hon., with Distinction), Wilfrid Laurier University - 2005
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