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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

  • Counsel to a leading energy services company in a C$2.3-billion enterprise value merger before the Competition Tribunal and the Federal Court of Appeal, including successfully opposing multiple applications to block closing of the transaction

  • 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 leading engineering and technology firm in a consumer protection class action relating to diesel emissions, successfully opposing the plaintiffs' motion for certification (upheld by the Ontario Divisional Court)

  • Counsel to an intervenor in the Supreme Court of Canada in an appeal concerning the scope of the duty of honest performance of contractual obligations

  • 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 national railway company in a successful statutory appeal of a decision of the Canadian Transportation Agency

  • 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

  • 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 and 2022 (Product Liability)

  • Global Data Review 40 Under 40 2021 (Recognized as an individual who represents the best of the upcoming generation of data lawyers)

  • The Canadian Legal Lexpert Directory 2021 (Repeatedly Recommended for Class Actions)

  • Thomson Reuters Stand-out Lawyer 2021 – Independently Rated Lawyers (As nominated by senior in-house counsel)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2019-2021 (Future Litigation Star)

  • Benchmark 40 & Under Hot List - 2019-2021 (Canada)

  • Expert Guides Rising Stars - 2020 and 2021 (Product Liability)

Professional Activities

Nicole is the immediate Past 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 International Association of Privacy Professionals, 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. She is also the Director of the Wilson Moot, a national law school mooting competition, which focuses on constitutional law issues affecting equity-seeking groups.

Publications
Professional Appearances
  • Speaker: Blakes Cybersecurity Study: Pandemic a Perfect Storm for Cybercrimes
    Episode 16, Blakes Continuity Podcast, July 22, 2021.
  • Speaker: Canadian Cybersecurity Trends Study 2021
    Blakes Business Class Webinar, June 17, 2021.
  • Speaker: Privacy Breaches and Record Keeping
    Privacy Law Basics, Ontario Bar Association Webinar, June 8, 2021.
  • Speaker: Privacy and Class Actions
    Privacy Law Summit, Ontario Bar Association Webinar, May 3, 2021.
  • Speaker: The Tribunal – What will Tribunal proceedings look like?
    Bill C-11: Privacy, Personal Information and Data Protection, Infonex Webinar, April 28, 2021.
  • Speaker: Good Faith and Contractual Duties: What Every Company Needs to Know, Blakes Business Class Webcast, March 17, 2021.
  • Speaker: Bill 161 Update
    Class Actions in 2021: Trends and Developments, Blakes Business Class Webinar, March 9, 2021.
  • Speaker: Update on Bill 161
    Class Actions Update, Law Society of Ontario Webinar, January 22, 2021.
  • 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.
Media Activities
  • Quoted: How your incident response plan can prevent litigation following a cyber-attack: Blakes lawyer
    Interviewed by Lucy Saddleton, Canadian Lawyer InHouse, April 21, 2021.
  • Quoted: Nicole Henderson on Discovery and Trial
    Interviewed by Suzanne Chiodo, Certified: Class Actions in Ontario & Beyond (podcast), January 6, 2021.
  • 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.
Education
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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