Patrick O'Kelly

Patrick J. O'Kelly Partner

Representative Work
  • The Special Receiver of Livent Inc. in securing a C$40M judgment against its former auditor in the first auditors’ negligence trial involving a public company in Canada.
  • Fairfield Sentry in its lawsuit against its auditor arising out the demise of Bernie Madoff’s Ponzi scheme.
  • KPMG Inc. in defending professional negligence claims.
  • Timminco Inc., in successfully defending a statutory secondary market liability claim.  This precedent-setting case interpreted the applicable limitation period for seeking leave to bring such actions.
  • CV Technologies Inc., manufacturers of Cold-FX, in defending and settling one of the first secondary market liability cases in Ontario as well as acting on related regulatory proceedings. This precedent-setting case established that the target defendants were not compellable witnesses to gather evidence for the motion the plaintiff must bring to get leave to proceed with an action.
  • Pfizer Inc. in defending a secondary market securities class action relating to Celebrex and Bextra public disclosure.
  • Medtronic Inc., the world’s largest manufacturer of pacemakers in defending class action product liability cases relating to medical devices.
  • Sunbeam Corporation in defending a class action product liability claim relating to smoke detectors. This precedent-setting case established that there must be a representative plaintiff with a tenable claim against each defendant to a class action in Ontario.
  • Silcorp Limited in successfully defeating a class certification motion brought by former convenience store managers of Becker’s.
  • CAE Inc. in arbitrating international contractual disputes.
  • A Canadian bank in the first criminal fraud trial against a bank in Canadian history (which resulted in an acquittal of the client).
  • Bell Canada in successfully defending the first Ontario Court challenge under the Charter of Rights which alleged that the use of 65 as a mandatory retirement age constituted unlawful discrimination.
  • A citizen’s group that brought a successful court challenge of the sale of the Bruce Municipal Telephone System.
  • National Life in defending disability and life insurance claims.