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Katherine L. Kay

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(416) 869-5507

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Katherine L. Kay
Law Practice
Katherine Kay is a partner with the litigation and competition departments in the Toronto office of Stikeman Elliott. She has served on the firm's Partnership Board and Executive Committee and the Toronto office Management Committee. Katherine's practice is concentrated on complex commercial litigation, frequently involving the overlap between regulatory, civil and criminal law regimes, and across multiple jurisdictions. Katherine heads the firm's competition litigation practice. Chambers Global has described Katherine as "virtually insurmountable in the area of competition litigation" and quoted client feedback that "she is always on top of her game - outstanding expertise, energetic, insightful and very practical" and "has an encyclopaedic knowledge of the antitrust practice in Canada. She is extremely bright, very responsive and has a good litigation sense". Katherine was recently noted in the Global Competition Review's Country Survey: Canada as one of Canada's "headline competition litigators" and as "among the most talented and well-regarded in the country". She was also described in previous GCR Country Surveys as "arguably the best competition litigator Canada has to offer" and was selected to receive the 2013 Lexpert Zenith Award: Celebrating Women Leaders in the Legal Profession, recognizing women lawyers who have demonstrated leadership and served as role models in their profession and community. Katherine was named Benchmark Litigation's Competition Litigator of the Year at the 2016 Benchmark Canada Awards, which recognize individual lawyers, firms, and in-house counsel that play a significant role in the industry. She is lead counsel on a broad range of cases dealing with all aspects of competition law, including criminal defence work, class and other civil actions, mergers, abuse of dominance and other reviewable matters before the Competition Tribunal.

A major focus of Katherine's practice is defence of class actions, where she has extensive experience in a wide range of cases, including those alleging anti-competitive conduct and securities law violations, product liability, franchise and consumer cases. Her class action practice emphasizes the key aspects of formulating and coordinating strategic responses, often working very closely with counsel in the United States, Europe and other jurisdictions; coordinating and directing multiple class actions across several Canadian jurisdictions; vigorous and highly effective advocacy before the relevant courts and tribunals; and negotiating, securing court approval and implementing settlements where appropriate.

Katherine regularly acts for clients in regulatory and criminal proceedings arising from both competition and securities investigations. She has extensive advocacy experience before all levels of trial and appellate courts in Ontario, British Columbia, Québec, the Yukon Territory, the Federal Court of Canada, and the Supreme Court of Canada. She appears frequently before the Competition Tribunal, the Ontario Securities Commission, and other regulatory bodies.

Katherine has been recognized in several publications, including:

  • Global Competition Review's Women in Antirust, fifth edition, as one of the top 150 women in antitrust (2004, 2009, 2014, 2016)

  • Benchmark Canada Top 25 Women in Litigation 2015 and 2016.

  • Chambers Global 2017 Guide as a Band 1 ranked lawyer in Canada in Competition/Antitrust: Litigation and Dispute Resolution: Class Action (Defence).

  • Chambers Canada 2017 as a Band 1 ranked lawyer in Canada in Competition/Antitrust: Litigation and Band 2 in Dispute Resolution: Class Action (Defence).

  • Best Lawyers in Canada 2017 in Class Actions Litigation and Competition/Antitrust.

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys 2017 in the areas of Competition and General Commercial Litigation.

  • The Legal 500 Canada 2017 as a leading lawyer in Competition and Antitrust and Dispute Resolution.

  • The 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada in the areas of Class Actions, Competition, and Corporate Commercial Litigation.

  • The Canadian Legal Lexpert Directory 2017 as a practitioner "most frequently recommended" in Class Actions, Competition and Corporate Commercial Litigation, as well as "repeatedly recommended" in Securities Litigation.

  • 2016 Expert Guides: Competition and Antitrust, Expert Guides: Women in Business Law 2016.

  • The 2017 Lexpert Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada for Competition Law.

  • The 2015 Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada in the areas of Competition, Class Actions, and Corporate Commercial Litigation.

  • Who's Who Legal's Competition and Litigation guides, The International Who's Who of Business Lawyers, and Who's Who Legal: Canada for competition law and litigation, as well as being ranked as one of the "100 Women in Antitrust" in the world.

  • Global Competition Review's GCR 100 2015 as an "elite" competition litigator.

Professional Activities
Katherine is a member of the Canadian Bar Association, the Antitrust Law Section of the American Bar Association, The Advocates' Society and the Toronto Lawyers Association. She is a member of the management committee of the firm's Toronto office and of the Partnership Board of the law firm. She is the past chair of the Enforcement Practices and Procedures Committee and past vice-chair of both that committee and of the Criminal Matters Committee of the Competition Law section of the Canadian Bar Association. She is also a past member of the Joint Committee on Court Reform in Ontario.

Katherine regularly speaks at continuing legal education seminars in the areas of competition, securities and commercial litigation and advocacy and has lectured at Osgoode Hall Law School, Queen's University, the Bar Admission Course of the Law Society of Upper Canada and the Ontario Centre for Advocacy Training.

Osgoode Hall (LL.B. 1986), Carleton University (BA with distinction 1983).

Bar Admission
Ontario, 1988

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