Andrea Gonsalves

Andrea is an experienced litigator, sought out for her sound judgment, practical advice, highly effective representation, and ability to develop a litigation strategy taking into account her clients’ interests and perspective. Andrea’s extensive experience in litigation and dispute resolution spans a wide range, with particular focus in civil and commercial litigation, defamation and media law, and administrative and regulatory law. She regularly represents clients in cases before all Ontario and Federal courts, as well as adjudicative tribunals. Andrea is frequently retained to represent clients in judicial review applications and appeals, commercial disputes, defamation and media law, privacy torts, class actions, employment disputes, intellectual property disputes, and professional discipline matters. Drawing on her broad-based experience, Andrea represents clients with practical and strategic advice on complex issues that arise at the intersection of many of those areas.

In her administrative and regulatory law practice, Andrea is frequently retained to represent individuals and private entities in regulatory and administrative proceedings, as well as by regulators in a prosecutorial role. Andrea has participated in many judicial review and statutory appeal proceedings.

In her media and defamation law practice, Andrea advises and represents media organizations and private parties at all stages including pre-publication issues, libel notices, and litigation. Acting for defendants, she has had several cases dismissed through successful anti-SLAPP motions under s. 137.1 of the Courts of Justice Act. Andrea uses her deep knowledge of traditional and online defamation to provide client-focused, practical advice for resolution of disputes. Andrea has a particular interest in defamation in employment relationships, public and media access to court proceedings, and other free expression issues. She is frequently invited to speak on defamation law and free expression issues.

Andrea’s practice also involves significant advisory work. She advises various administrative tribunals as independent legal counsel. She regularly advises private entities and regulators on regulatory investigations and enforcement matters. Andrea also conducts independent investigations in a variety of contexts, including workplace investigations, code of conduct investigations and regulatory investigations.

Andrea has taught administrative law courses as adjunct faculty for over a decade (currently, at the University of Toronto Faculty of Law; previously at Osgoode Hall Law School). Prior to joining Stockwoods LLP, Andrea clerked at the Court of Appeal for Ontario and for the Honourable Justice LeBel of the Supreme Court of Canada.

Andrea was named a Lexpert Rising Star in 2019. She is a past winner of the Precedent Setter Award for outstanding accomplishment in the first ten years of law practice, and is recognized by Lexpert, Best Lawyers in Canada and Benchmark Legal for her litigation, defamation law and administrative law work. Andrea speaks frequently at professional conferences and writes on a variety of legal topics.

Public Order Emergency Commission. A member of the counsel team that represented the Government of Canada in the public inquiry into the Federal Government’s invocation of the Emergencies Act in February 2022 in response to the occupation of the City of Ottawa by “Freedom Convoy” protesters and blockades of several ports of entry.

Privacy Commissioner of Canada v Facebook Inc. Counsel for the Privacy Commission in a s. 15 PIPEDA application against Facebook and responding to an application for judicial review by Facebook, arising from Facebook’s privacy practices with respect to sharing user information with third parties.

Animal Justice v Ontario. Lead counsel for Animal Justice, an applicant in a constitutional challenge to the Security from Trespass and Protesting Food Safety Act, 2020, Ontario’s “ag-gag” legislation.

Safe Food Matters v Attorney General of Canada, 2022 FCA 19. Lead counsel in a successful application for judicial review of a decision of the Pest Management Regulatory Authority.

Kam v Canadian Broadcasting Corporation, 2022 ONCA 13, 2021 ONSC 1304. Lead counsel for the Canadian Broadcasting Corporation in a successful motion to dismiss this defamation action under s. 137.1 of the Courts of Justice Act (the “anti-SLAPP regime”). Order dismissing the action upheld on appeal.

Gill v Maciver, 2022 ONSC 1279. As lead counsel for one of several defendants successfully moved to have the defamation action dismissed under s. 137.1 of the Courts of Justice Act.

Group III International Ltd. v. Travelway Group International Ltd., 2020 FCA 210, 2017 FCA 215. Counsel for the makers of the Genuine Swiss Army Knife in a successful application for trademark infringement and passing off.

Canada (Judicial Council) v Girouard, 2019 FCA 148. Counsel for the Honourable Justice Patrick Smith, intervener, in an appeal confirming that the Canadian Judicial Council is subject to the Federal Court’s judicial review jurisdiction.

Alberta Utilities Commission v ATCO Electric. Counsel to the Alberta Utilities Commission Enforcement Team in an enforcement proceeding against a regulated utility.

Planet Energy (Ontario) Corp v Ontario Energy Board, 2020 ONSC 598. Lead counsel in a successful enforcement proceeding against Ontario Energy Board licensee for regulatory violations and in resisting an appeal of the Board’s decision.

Rogers Communications Canada v Ontario Energy Board, 2017 ONSC 3959. Successfully resisted an appeal to the Divisional Court from a rate-setting decision of the Ontario Energy Board.