Andrea Gonsalves

Practice Areas

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.

 

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Representative Work

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.

 

 

 

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Additional Info

Awards and Recognition

Lexpert Canadian Legal Lexpert Directory, recognized for Litigation – Corporate Commercial and Litigation – Securities (2022)

Best Lawyers in Canada, recognized for Administrative and Public Law, Corporate and Commercial Litigation, Defamation and Media Law, Health Care Law (2019-2022)

Benchmark Canada, “Top 100 Women in Litigation” (2022), “Litigation Star” (2017-2022), “Under 40 Hot List”, (2017-2021)

Lexpert, Rising Star, 2019

Precedent Setter Award, 2014

 

Publications

Co-Editor (with Justin Safayeni), Stockwoods Administrative and Regulatory Law Newsletter, 2015-present

Author, “The Role of Reasons Without Reasonableness Review,” OBA Institute, February 2019

Co-Author (with Aaron Dantowitz), “Review of Administrative Law in Practice: Principles and Advocacy,” Canadian Journal of Administrative Law & Practice, Vol 32, No 1, February 2019

Co-Author (with Benjamin Kates), “Pulling Back Anonymous’ Mask: Norwich Orders and Online Defamation,” OBA Institute, February 2018

Co-Author (with Pam Hrick), “Reasonable, Correct, or Simply Fair?: Exploring the Standard of Review for Procedural Decisions,” OBA Institute, February 2018

Co-Author (with Tiffany O’Hearn Davies), “Ward v Vancouver and the Availability of Concurrent Private Law Damages and Charter Damages in Canada,” Ontario Bar Association, October 2017

Co-Author (with Justin Safayeni), “Politicians, agencies have no right to block critical social media comments,” The Star, August 14, 2017

Co-Author (with Benjamin Kates), “A new era for open courts: Publication ban practice in Ontario,” The Advocates’ Journal, Vol 36, No 1, Summer 2017

Co-Author (with Justin Safayeni), “Anti-SLAPP law becoming paper tiger?” The Law Times, January 23, 2017

Co-Author (with Justin Safayeni), “The role of media in our democracy deserves special protection,” The Globe and Mail, November 8, 2016

Co-Author (with Justin Safayeni), “Journalist’s legal loss to RCMP sets dangerous precedent,” The Star, April 5, 2016

Co-Author (with Pam Hrick), “Judicial Review After the Horse has Left the Barn: The Administrative Law Implications of Bill C-51,” 12th Annual National Forum on Administrative Law and Practice, Osgoode Professional Development, Program November 30-December 1, 2015

 

 

 

Teaching & Speaking Engagements

Adjunct Professor, University of Toronto Faculty of Law (The Administrative State in Practice), 2023

Adjunct Professor, Osgoode Hall Law School (Administrative Law), 2012 to 2022

Instructor, Osgoode Professional Development (Administrative Law), 2014 to 2021

“Recent Developments in Internet Defamation,” Defamation Law: Trends and Developments, Law Society of Ontario, November 4, 2021

Vavilov and Reasonableness Review: Where We Are in 2021,” Annual Administrative Law Forum, Osgoode Professional Development, October 2021

“Essentials Update on Procedural Fairness: 20 Years Post-Baker,” OBA Institute, Ontario Bar Association, February 5, 2019

“Bias & Independence Issues in Administrative Law,” The Advocates Society, November 13, 2018

“Defamation law: What Litigators Need to Know,” The Advocates Society, October 31, 2018

“Reasonable Apprehension of Bias,” Canadian Network of Agencies for Regulators, October 18, 2018

“Evidence & Technology,” Sudbury Colloquium, October 12, 2018

“Defamation at a Crossroads,” Law Society of Ontario, September 14, 2018

“Crisis Communication in the 24-Hour Media Cycle,” 9th Annual Law of Policing Conference, The Canadian Institute, May 1, 2018

“Civil Sexual Assault and the Defamation Claim,” Current and Emerging Issues in Civil Sexual Assault, Osgoode Professional Development, February 26, 2018

“Key Issues in Initiating and Responding to Defamation Proceedings,” OBA Institute, Ontario Bar Association, February 7, 2018

“Evolving Issues in Standard of Review,” OBA Institute, Ontario Bar Association, February 6, 2018

“Civility in Administrative Law,” Ethics, Civility and Zealous Advocacy: How Do They Co-Exist?” Ontario Bar Association, December 11, 2017

“Making Sense of Key Developments in Charter Remedies,” 16th Annual Charter Conference, Ontario Bar Association, October 2, 2017

“Best of the Rest in 2015,” Top Cases in Administrative Law 2015, The Advocates’ Society Regulatory and Administrative Law Practice Group, January 21, 2016

“Bill C-51 and its Administrative Law Dilemmas,” 11th Annual National Forum on Administrative Law and Practice, Osgoode Professional Development, program November 30-December 1, 2015

“Ethical Issues in Administrative Law,” Administrative Law and Practice, 2015, The Commons Institute, October 27, 2015

 

 

 

Associations

  • Member, The Advocates’ Society
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, Toronto Lawyers’ Association
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