Andrea Gonsalves

Practice Areas

A 2014 winner of the Precedent Setter Award for outstanding accomplishment in the first ten years of law practice, Andrea has a robust litigation practice that includes general civil litigation, corporate and commercial litigation, administrative and regulatory law, media and defamation law, intellectual property litigation, professional regulation, and appeals and judicial review applications.

She has argued cases before all levels of court in Ontario and the Federal Court, and has represented clients in proceedings before a variety of administrative tribunals, including the Ontario Securities Commission, the Mutual Fund Dealers Association, the Financial Services Tribunal, the College of Physicians and Surgeons of Ontario, and the Human Rights Tribunal of Ontario. Andrea advises various administrative tribunals as independent legal counsel, including the College of Nurses of Ontario, the Ontario College of Social Workers and Social Service Workers, and the College of Veterinarians.

Andrea is Adjunct Faculty at Osgoode Hall Law School and is an instructor for Osgoode Professional Development’s LLM program, where she teaches Administrative Law. She is a co-editor of the bi-monthly Stockwoods Administrative and Regulatory Law Case review.

Andrea received her LL.B. from the University of Western Ontario in 2005, where she was awarded the gold medal.

She clerked for the judges of the Court of Appeal for Ontario before being called to the Ontario bar in 2006. Then she clerked for the Honourable Justice LeBel of the Supreme Court of Canada from 2006 to 2007.

She joined Stockwoods in 2007.

Andrea’s pro bono work includes arguing judicial review applications with the Osgoode Hall Law School Innocence Project and acting as amicus curiae at the Court of Appeal for Ontario. She has acted pro bono for the Criminal Lawyers’ Association and the Canadian Public Health Association as interveners in cases before the Supreme Court of Canada.

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Representative Work

Representing a Canadian Member of Parliament and former candidate in a national political party leadership contest in judicial review proceedings to challenge a decision of the party and imposition of a fine against his campaign.

Acting for the makers of the Genuine Swiss Army knife in proceedings for an injunction against a luggage manufacturer selling goods which employ an alleged confusingly similar trademark.

Representing the inventor of an innovative device to assist in constructing outdoor ice rinks in a patent enforcement action against a major Canadian retailer.

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

CBC v. Isport Media and Kevin Albrecht
Obtained partial summary judgment for the CBC for dishonoured cheques in a commercial dispute.

Turmel v. CBC (Dragons’ Den); MHR Board Game Design v. CBC
Obtained summary judgment for the CBC against claims for defamation and breach of contract relating to the plaintiffs’ appearances on the television show, the Dragon’s Den. Both decisions upheld on appeal.

Almalki v. Canada, Elmaati v. Canada, Nureddin v. Canada
Represented Canadian citizens in lawsuits the federal government for breaches of their Charter rights and various torts as a result of torture and mistreatmen.t

Marina District Development Company (Borgata Hotel Casino & Spa) v. Canada (Attorney General). Successfully brought a judicial review application in respect of a decision of the Transportation Appeal Tribunal of Canada concerning the definition of “publicly available” under the Canada Transportation Act.

Ontario Energy Board v. Summitt Energy Management
Assisted in the successful prosecution of an Ontario Energy Board licensee for regulatory violations.

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Additional Info

Awards and Recognition

Lexpert Rising Star, 2019

Benchmark Canada Guide to Canada’s Leading Litigation Firms & Attorneys, “Under 40 Hot List”, 2017-2020

Benchmark Canada Guide to Canada’s Leading Litigation Firms & Attorneys, “Litigation Star”, 2017-2019

Benchmark Canada Guide to Canada’s Leading Litigation Firms & Attorneys, “Future Litigation Star”, 2014

Precedent Setter Award, 2014

Publications

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

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

Co-Author, “Prematurity and Adequate Alternative Remedies in the Post-Dunsmuir Era,” 8th National Annual Forum: Administrative Law and Practice, Osgoode Professional Development, program October 23-24, 2012

Co-Author, The Application of the Canadian Charter of Rights and Freedoms to the Regulation of Health Professionals: Anaemic Rights & Prescriptions for Change,” Health Law in Canada, 2010

Co-Author, Investigative Hearsay: R. v. Van, Law Society of Upper Canada, Six-Minute Criminal Defence Lawyer, 2010

Co-Author, When Do You Advise Your Client to Go to the Police?: Representing Clients Involved in White Collar Crime Investigations, White Collar Crime: Prosecuting and Defending Regulatory and Criminal Proceedings, Law Society of Upper Canada, 2008

Co-Author, The Oppression Remedy – A Complicated Application Made Simple, Current Issues in Civil Litigation: Keys to Victory, OBA Institute of Continuing Legal Education, 2008

Teaching & Speaking Engagements

Instructor, Osgoode Professional Development, Canadian Common Law LLM program (Administrative Law), 2014 to present

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

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

Panelist, “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

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

Panelist, “How Civil Sexual Assault Claims Differ from Other Maltreatment Claims: What You Need to Know,” The Guide to Bringing/Defending Civil Sexual Assault Claims, Osgoode Professional Development, January 27, 2015

Speaker, “Administrative and Other Judicial Remedies,” Top Cases in Administrative Law 2014, The Advocates’ Society Regulatory and Administrative Law Practice Group, January 20, 2015

Panelist, “Litigation Strategies for the Female Lawyer,” Practice Workshops for the Female Lawyer, Commons Institute, December 2, 2013

Speaker, “Impartiality and Independence,” Top Cases in Administrative Law 2012, The Advocates’ Society Regulatory and Administrative Law Practice Group, program 2013

Panelist, “Judicial But No Review: Discretionary and Non-discretionary Bars to Administrative Law Remedies,” 8th National Annual Forum: Administrative Law and Practice, Osgoode Professional Development, program October 23-24, 2012

Speaker, Practical Issues for Canadian Lawyers Representing Plaintiffs in Civil Lawsuits, Criminal and Civil Liability for War Crimes, Genocide and Torture, Canadian Council for International Justice, 2010

Speaker, Workshop: The Rules of Evidence in a Nutshell, Decision Writing: A Legal and Practical Guide to Making Decisions and Writing Reasons for Members of Administrative Tribunals, Canadian Institute, 2009

Speaker, Fundamentals on the Rules of Evidence, Process Fairness: The Adjudicator’s Guide to Manage and Conduct Hearings, Insight, 2009

Associations

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