Brent J. Arnold Partner


Speaks:  English

Year of Call: 2006 - Ontario

Primary phone: +1 416-369-4662

Fax: +1 416-862-7661

Email: brent.arnold@gowlingwlg.com

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Primary office:  Toronto




Brent J. Arnold

Brent J. Arnold is a partner practising in Gowling WLG's advocacy department, specializing in commercial litigation and arbitration. Brent heads the firm’s Commercial Litigation Technology Sub-group. He also leads cybersecurity initiatives for the firm’s Financial Services Regulatory Group, and is a member of its Insurtech Group and its Innovation Council.

Brent’s experience includes cyber breach coaching, cyber risk, consumer, implementation and other disputes for e-commerce vendors and software developers, construction, franchise, administrative and insolvency law, shareholders’ rights, class actions, employment contracts, intellectual property-related disputes in the Superior Court of Justice, and general contractual disputes.

He has appeared before all levels of court in Ontario, including the Court of Appeal and the Supreme Court of Canada, and has appeared before the Licence Appeal Tribunal, the Human Rights Tribunal of Ontario, the OMVIC Discipline and Appeals Committee, and the Ontario Municipal Board. In 2011, Brent appeared before the Supreme Court of Canada in support of the federal government’s constitutional reference regarding a Canadian Securities Act.

Brent served two terms on the Executive for the Civil Litigation Section of the Ontario Bar Association. He is an active member of the Advocates’ Society, and has participated in several of its standing committees and task forces (he currently chairs its 10+ Task Force). He co-authored the Society’s Paperless Trials Manual, is a frequent speaker on the topics of cybersecurity, courtroom innovation, and electronic trials, and writes a regular technology column for The Advocates’ Society’s Advocacy Matters publication. Brent is also a member of the Canadian Technology Law Association and the International Association of Privacy Professionals (IAPP).

He has also worked as an adjunct faculty member at York University, where he taught advanced business law in the School of Administrative Studies. Brent currently serves on the Cybersecurity and Data Privacy Committee of the U.S.-based Defence Research Institute (DRI).

Follow Brent J. Arnold on Twitter @BrentJArnold

Brent J. Arnold

Brent J. Arnold
@BrentJArnold

https://t.co/7zwFwciaGa https://t.co/0D0Br55Mwq Brent J. Arnold (@BrentJArnold) Aug 14,2018

Brent J. Arnold

Brent J. Arnold
@BrentJArnold

Interesting piece on the merits of the "Rocket Docket." https://t.co/RnFPeQqVRw Brent J. Arnold (@BrentJArnold) Aug 10,2018

Career & Recognition

Filter timeline:
  • 2018

    • Career
      2018
      Chair, Advocates' Society 10+ Standing Committee
  • 2017

    • Career
      2017
      Technology Sub-Group Leader (Com Lit), Gowling WLG
    • Career
      2017
      Lead, Cyber Security, Financial Services Regulatory Group, Gowling WLG
    • Career
      2017
      Member, InsurTech Group, Gowling WLG
    • Career
      2017
      Member, Gowling WLG Innovation Council
  • 2016

    • Rankings & Awards
      2016
      Osgoode Hall Law School Mentor of the Year
    • Career
      2016
      Vice Chair, Advocates’ Society 10+ Task Force
    • Career
      2016
      Member (Technology Liaison), OBA Civil Litigation Section Executive
  • 2015

    • Career
      2015
      Partner, Gowling Lafleur Henderson LLP
  • 2014

    • Community
      2014
      Chair, Advocates' Society Young Advocates' Standing Committee
  • 2013

    • Community
      2013
      Vice Chair, Advocates' Society Young Advocates' Standing Committee
  • 2009

    • Career
      2009
      Adjunct Faculty, York University School of Administrative Studies
  • 2006

    • Career
      2006
      Associate, Gowling Lafleur Henderson LLP
    • Qualifications (Year of Call/Admission, etc.)
      2006
      Year of Call, Ontario
  • 2005

    • Education
      2005
      Osgoode Hall Law School, JD
  • 2004

    • Career
      2004
      Senior Editor, Osgoode Hall Law Journal
  • 1999

    • Education
      1999
      Queen's University, MA in Political Studies
  • 1998

    • Education
      1998
      York University, BA (Hons) in Political Science

Memberships

  • Canadian Bar Association
  • Canadian Political Science Association
  • Canadian Technology Law Association
  • Defense Research Institute (DRI)
  • International Association of Privacy Professionals (IAPP)
  • Osgoode Society
  • The Advocates' Society
  • Toronto Lawyers Association

Publications

  • “Cyber Security in Canada: Structure and Challenges,” Governing Cyber Security in Canada, Australia and the United States: Special Report, SERENE-RISC and the Centre for International Governance Innovation, 2018
  • Worldwide: “Equustek again: BC Supreme Court upholds worldwide injunction despite US refusal to enforce,” (2017-18), 19 I.E.C.L.C., July 2018
  • Canada: “Equustek again: BC Supreme Court upholds worldwide injunction despite US refusal to enforce,” Gowling WLG Tech News, May 2018
  • Equustek Again: BC Supreme Court Upholds Injunction Despite US Refusal to Enforce,” MLRC Media Law Letter, April 2018
  • “Yahoo! Cyber breach settlement gives shareholders cause for cheer,” Gowling WLG Tech News, April 2018
  • “Cybersecurity compliance burdens increase for Canadian investment dealers and advisers,” Gowling WLG MarketCaps, October, 2017
  • “Early cybersecurity derivative actions miss Target,” (2015-16), 17 I.E.C.L.C., August 2016
  •  “Early cybersecurity derivative actions miss Target,” Gowlings Commercial Litigation Bulletin, July 2016
  • "Ransomware poses complex legal and reputational risks," Globe and Mail, April 2016
  • "McDonald’s: U.S. 'joint employer' case sounds alarm for Canadian franchisors," Gowlings Franchise and Distribution, April 2016
  • "Ransomware threat to Canadian businesses broadens," Gowlings Commercial Litigation Bulletin, April 2016
  • "A big bite of the Apple: “Backdoor” orders, privacy and burdens on non-litigants," Gowlings Commercial Litigation Bulletin, February 2016
  • “Ontario court clarifies franchise issues in Trillium Motor v. General Motors,” Gowlings Franchise and Distribution, July 2015
  • The Advocates’ Society Electronic Trials Symposium: “The Advocates’ Society Paperless Trials Manual: A Preview,” June 2015
  • The Advocates’ Society Paperless Trials Manual, released May 2015
  • “Ontario Court of Appeal narrows franchisor obligation to disclose litigation in Caffé Demetre case,” Gowlings Franchise and Distribution, April 2015
  • “Québec Court of Appeal upholds liability, reduces damages in Dunkin' Brands Canada Ltd. v. Bertico Inc.,” Gowlings Franchise and Distribution, April 2015
  • “Restrictions On Communication With Experts: Advocacy Groups Provide Guidance On Moore v. Getahun,” Gowlings Commercial Litigation Bulletin, July 2014
  • “Courts Clean House with SCC’s A.I. Enterprises v. Bram Enterprises,” Toronto Law Journal, July 2014
  • “Achilles Motors — Temporary Dissolution is no Achilles’ Heel,” Gowlings Commercial Litigation Bulletin, April 2014
  • “The Pendulum Swings on Summary Judgment in Hryniak v. Mauldin,” Toronto Law Journal, April 2014
  • Hryniak v. Mauldin: Supreme Court Loosens Restrictions on Summary Judgment Imposed by Combined Air,” Gowlings Commercial Litigation Bulletin, January 2014
  • “The ‘Communications Revolution’ in Our Courts,” Toronto Law Journal, January 2014
  • “Jury Still Out on Digital Court Recording,” Keeping Tabs, October 2013
  • “A Supreme Limit? The Division of Powers and Securities Regulation,” paper for The Commons Institute, Supreme Court & Constitutional Litigation, June 27-28, 2013
  • “Too Soon to Tell if Changes to IIROC Arbitrations Process will Increase Use by Investors,” Gowlings Commercial Litigation Bulletin, December 2011
  • “Supreme Court Releases Decision on Proposed Securities Act — Details,” Gowlings Commercial Litigation Bulletin, November 2011
  • "Legal Solutions to Ontario's Organ Shortage: Redrawing the Boundaries of Consent," (2006) 13 Health L.J. 139, January 2006
  • "Does the Charter Matter?" (2005) 11 Rev. Con. Stud. 37, January 2005

Selected Speaking Engagments

  • Panelist, “Cybersecurity: Defending Your Digital Business,” Economic Club of Canada, Toronto, June 25, 2018
  • Lecture, “Preparing the Organization for a Data Breach and Aftermath,” Conference Board of Canada / BlackBerry Secure World Tour, Ottawa, May 8, 2018
  • Lecture, “The Advocates’ Society Paperless Trials Manual: Primer & Update,” The Advocates’ Society Electronic Trials and Arbitrations program, Toronto, April 9, 2018
  • Lecture / Panelist, “Cyber Security—Incident Response & Insurance,” University of Toronto Law School, Toronto, March 14, 2018
  • Panelist, “Technology in the Courtroom,” The Advocates’ Society Courthouse of the Future Symposium, Toronto, November 21, 2017
  • Panelist, “Cybersecurity: The Impenetrable Topic,” Technology in Practice 2017, Toronto, November 9, 2017
  • Lecture, “Digital Privacy: Protecting Yourself in the Digital Age,” Toronto Public Library, Fairview Branch, Toronto, October 17, 2017
  • Panelist, “Managing Risk: Cyber Security Preparedness and Breach Response,” Scalar Security Roadshow, Vancouver-Calgary-Toronto, October 2016
  • Lecture, “Technology and Ontario’s Courts,” (presentation to a Chinese judicial delegation), Toronto, September 29, 2017
  • Panelist, “Cyber Security,” Gowling WLG Waterloo Oatmeal Seminar, Waterloo, May 17, 2017
  • Lecture, “Boilerplate,” The Osgoode Certificate in Entertainment Law course, Toronto, February 8, 2017
  • Lecture, “The Cyber Security Legal Landscape: An Update,” Canadian Cyber Threat Exchange Symposium, Toronto, December 7, 2016
  • Lecture, Lecture, “The Advocates’ Society Paperless Trials Manual: Primer & Update,” Sudbury and District Law Association Colloquium 2015, Sudbury, October 22, 2015

Technology and Cyber

  • Breach coach for a province-wide medical diagnostics company struck by a ransomware attack.
  • Breach coach for an online loan company subjected to a targeted phishing attack.
  • Advised a bank in a potential dispute with a customer defrauded in a phishing attack.
  • Counsel for a travel software developer in a software implementation dispute with a major travel company.
  • Represented a travel company sued for non-payment by a hosted email service provider.
  • Represented a manufacturer in a dispute with a licensee making illegal use of the manufacturer’s confidential information.
  • Advised a software vendor on data privacy and contractual rights issues in a dispute with municipal transportation network.
  • Acted for a vendor of car dealer management software in an implementation dispute with a customer.
  • Advised an online managed services provider on regulatory and insolvency issues regarding a customer.
  • Represented online auction and classified ads companies in various consumer disputes, including complaints to the Ontario Human Rights Tribunal.
  • Advised on cyber security issues in due diligence for the financing of a digital currency company.
  • Acted as breach coach for an online lender compromised by a phishing attack.
  • Defended senior management for a software company against complex oppression claims in a commercial arbitration.
  • Successfully defended software company directors from an oppression action by a former investor.
  • Represented cleantech company in dispute with activist shareholders. 
  • Represented an American celebrity in an action against a Canadian company illegally using the celebrity’s likeness on drug paraphernalia.
  • Counsel for a home alarm company in a dispute with a competitor over allegedly stolen customer data.

General Commercial Litigation

  • Represented trustees for a charity in a real estate dispute with a foreign government.
  • Successfully defended clients implicated in a complex fraud action involving multiple defendants and jurisdictions.
  • Resolved a dispute between a commercial tenant and its landlord.​

Financial Services and Insolvency

  • Represented a large trust company in a class action and related actions and applications involving alleged breaches of the Consumer Protection Act.
  • Counsel for the monitor in a complex insolvency proceeding establishing the right of monitors to act as plaintiff in oppression actions.
  • Defended a bank’s advisory practice sued for negligence by an auto parts company.
  • Counsel for trustee in bankruptcy in complex recovery proceedings.

Administrative and Constitutional

  • Represented a provincial new home builder regulator in numerous complex administrative and civil proceedings.
  • Counsel to several municipalities in a constitutional dispute with a national railway.
  • Counsel to animal rights groups in a judicial review of provincial hunting legislation.
  • Appeared in the Supreme Court of Canada in support of the federal government’s constitutional reference regarding a national securities regulator.
  • Represented a large online used car dealer in disciplinary proceedings involving alleged regulatory breaches.

Environmental

  • Represented a region and several municipalities in jurisdictional dispute with a national railway in litigation linked to a federal environmental assessment proceeding.
  • Defended a heating equipment manufacturer from multiple actions involving oil leaks from residential heating equipment.
  • Obtained injunction preventing a landlord from destroying evidence of environmental contamination.
  • Represented landowner in a dispute with neighbouring polluters.