Brian N. Radnoff

Brian N. Radnoff is a partner at Lerners LLP in Toronto, in its Commercial Litigation Group. He is the practice group leader of the Appellate Practice Group.

Mr. Radnoff’s practice involves work in many facets of commercial and complex litigation. He acts as counsel for clients in a wide variety of commercial disputes, including securities litigation, shareholder disputes, contractual disputes, professional liability, employment claims, administrative law, defamation claims, estate litigation, class action proceedings, competition and trade litigation and insolvency issues. He has appeared in the Ontario, British Columbia and Federal Courts.

Mr. Radnoff is knowledgeable about e-discovery issues as he has worked on several large files requiring preservation and production of significant amounts of electronic information. He is co-chair of his firm’s e-discovery committee.

Mr. Radnoff has been published on various litigation issues. He is also adjunct faculty at the University of Toronto Law School as the Coordinator of the Upper-Year Moot Program.

Mr. Radnoff is a member of the Advocates' Society, the Canadian and Ontario Bar Associations, and the law societies of Upper Canada and British Columbia. Despite a busy practice, Mr. Radnoff finds time to be a culinary artisan and an arts enthusiast.

Professional Achievements and Recognition

Winner of 2014 Lexpert Zenith Award for Defamation Litigation

Selected by his peers for inclusion in Best Lawyers in Canada in the area of corporate and commercial litigation (2015)

Adjunct Faculty, University of Toronto Faculty of Law, Upper Year Moot Course (2003-present)

Selected presentations/ publications

“Class Actions: Settlement and Certification”, Fourth Annual Securities Symposium, The Advocates’ Society, September 4, 2014

OBA Class Action Conference, December 2, 2013

LSUC Essentials of Privately Held Companies, September 26, 2013

Brian Radnoff, "Absolute privilege is not absolute", AdvocateDaily.com, June 13, 2013

LSUC Professionalism & Practice Management, June 4, 2013

Brian Radnoff, “Judge finds activist in contempt of court order”, AdvocateDaily.com, June 4, 2013

Brian Radnoff, "Dip in securities class actions not a surprise", AdvocateDaily.com, April 29, 2013

Osgoode Procurement Certificate Course, January 31, 2013

Brian Radnoff, “RCMP discrimination class action may be difficult to certify”, AdvocateDaily.com, August 30, 2012

Osgoode CLE Seminar, Dealing with Costs, April 3, 2012

Foreign Litigants in Ontario Proceedings, May 29, 2012

“Professionalism and Practice Management for Business Lawyers”, Law Society of Upper Canada Conference, December 12, 2011

“Discovery Plans: Making the Most of a New Tool”, Osgoode Hall Law School Conference, November 29, 2011

Brian Radnoff, “Certification of Competition Class Actions”, Class Action Volume VII, No. 4, 2010, Federated Press

Don Jack and Brian Radnoff, “Vertical Restrictions and Private Actions in North America: A Tale of Two Jurisdictions”, Northwind Professional Institute 2008 Competition Law & Policy Forum

Brian Radnoff & Peter Weinstein, "The Role of Accountants in Litigation Involving Investment Advisors," October 21, 2008 Investigative and Forensic Accounting (IFA) Conference

“Case-Management Motions: Mastering the New System", November 23, 2007, The Twelve Minute Civil Litigator, Law Society of Upper Canada

Don Jack and Brian Radnoff, "Criminal Complications in Cross-Border Cartel Investigations: Implications of Different Regimes," Corporate Liability, Vol. XII, No. 4, June, 2007

“E-Discovery Lessons from Air Canada v. WestJet," September 27, 2006, E-Discovery for Corporate Counsel, Canadian Corporate Counsel Association

“The New Costs Regime," July, 2006 Insight Conference for Law Clerks

Brian Radnoff, “Sierra Club of Canada Decision,” (2002) 11 (No.3) Environmental Law

Brian Radnoff & Kevin Wright, “The Whistleblower Amendments to the Competition Act,” (1998) 4 Competition Law Journal 254

David Cohen & Brian Radnoff, “Regulation, Takings, Compensation and the Environment: An Economic Perspective,” In the Wealth Forests: Markets, Regulation and Sustainable Forestry, ed. Chris Tollefson (U.B.C. Press, Vancouver: 1998)

Ross Ellison, Richard Hamilton & Brian Radnoff, “Wallace v. United Grain growers,” CBA (BC Branch), Labour Law Section, December 11, 1997

Blogs

Fraud on the Market: Alive and Well After Halliburton v. Erica P. John Fund (Jul 4th, 2014)

Striking Oil?: Court allows secondary market securities class action for shares purchased on a foreign stock exchange (Jan 21st, 2014)

Partnership agreements need to be thorough (Nov 29th, 2013)

Consumers can join class actions over price-fixing (Nov 1st, 2013)

House arrest, probation for former editor in contempt case (Oct 29th, 2013)

Judge's background not only factor in approach to law (Oct 2nd, 2013)

Jail only appropriate sentence in contempt case, court told (Sep 13th, 2013)

Decision clarifies limitation periods for internet libel (Sep 10th, 2013)

Judge finds corporate governance activist in contempt of court (Jun 27th, 2013)

Absolute privilege is not absolute (Jun 27th, 2013)

When is a Settlement Not a Settlement? (Jun 13th, 2013)

RCMP discrimination class action may be difficult to certify (Jun 11th, 2013)

Silver v. IMAX – You Can’t Have Your Cake and Eat it Too (Mar 19th, 2013)

Dip in securities class actions in 2012 not a surprise (Mar 5th, 2013)

Legislating Fiduciary Duties for Investment Advisors – Does it make sense? (Feb 28th, 2013)

Orders Permitting Class Members to Opt-Out after Final Disposition: A Final or Interlocutory Remedy? (Dec 20th, 2012)

Can a business be defamed? (Nov 19th, 2012)

Ask Not for Whom the Limitation Period Tolls (Feb 16th, 2012)

Without Leave, There is No Action Under s. 138.3 of the Securities Act (Feb 16th, 2012)

Why Are Limitation Periods Suspended Under Section 28 of the Class Proceedings Act, 1992? (Mar 18th, 2010)

Media

A good time to be a plaintiff - Supreme Court of Canada rulings in 2013 open the door for more class action certifications (Feb 19th, 2014)

Supreme Court of Canada decision to impact future securities class actions (Dec 13th, 2013)

Mutual fund class-action lawsuit OK'd by Supreme Court (Dec 12th, 2013)

Supreme Court says market timing class action can proceed (Dec 12th, 2013)

Supreme Court to rule on mutual fund 'marketing timing' lawsuit (Dec 11th, 2013)

Court relieves ex-partner of goodwill payments (Nov 25th, 2013)

Supreme Court of Canada decisions may mean more consumer class actions (Nov 6th, 2013)

High court says end consumers can join class suits over price-fixing (Oct 31st, 2013)

Brian Radnoff interviewed on The Lang & O'Leary Exchange show (Oct 31st, 2013)

Price-fixing class actions cleared by Supreme Court (Oct 31st, 2013)

Verdun avoids jail for contempt of court (Oct 23rd, 2013)

Verdun hasn't shown proper remorse, Justice told (Sep 13th, 2013)

Kidd v. Canada Life - Case sends message about judicial discretion (Sep 2nd, 2013)

Decision clarifies limitation periods for Internet libel (Jul 31st, 2013)

Absolute privilege is not absolute (Jun 13th, 2013)

Corporate governance activist in contempt of court (Jun 5th, 2013)

Dip in securities class actions not a surprise (Apr 29th, 2013)

RCMP discrimination class action may be difficult to certify (Aug 30th, 2012)

Appeals a chance for SCC to consider availability of summary judgment (Jul 19th, 2012)

SCC spells out Canadian jurisdiction on foreign lawsuits (Apr 18th, 2012)

Canada needs national securities regulator (Jan 6th, 2012)

Rule 20 guidance sparks debate (Dec 12th, 2011)

Permanent gag order issued in defamation case brought by CPPIB chair (Jun 14th, 2011)

Landmark Ruling in Libel Suit (May 31st, 2011)

Bank director wins $650,000 in defamation suit against shareholder activist (May 31st, 2011)