Alan A. Farrer, Managing Partner

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Phone: 416-868-3217

Alan has been the firm’s managing partner for over 10 years. In addition, he heads up the firm’s commercial litigation group, which specializes in complex litigation involving contractual issues, shareholders and partnership disputes, wrongful dismissal claims and libel and slander actions.
 

Alan was called to the bar in 1981 and is Certified by the LSUC as a Specialist in Civil Litigation. Alan has over 25 years experience as a trial lawyer in Ontario and uses that skill to resolve matters for clients quickly and economically.

Practice Highlights

Alan has argued cases in all levels of Court in Ontario, including the Ontario Court of Appeal and the Supreme Court of Canada. He is a key member in the firm's Class Action practice group and was very involved with the Residential Schools class action and currently sits as Chair of the National Administration Committee which is involved with implementing the settlement of the action.

Education

• Bachelor of Laws, University of Western Ontario Faculty of Law (1979)

Practice Areas

• Commercial Litigation
• Appellate Litigation
• Class Actions
• Real Estate Litigation
• Contractual Disputes
• Wrongful Dismissal Claims
• Product Liability Claims
• Shareholder and Partnership Disputes
• Professional Negligence
• Libel, Slander, Defamation Claims

Professional Activities and Affiliations

• The Advocates’ Society
• The Canadian Bar Association
• Past Executive Director of The Arbitration and Mediation Institute of Ontario

Alan and his wife Jennifer have three children and live in Oakville, Ontario, where Alan is very involved as a volunteer in the Junior Lacrosse programs and with other community groups.

Publications and Presentations

Alan is a contributing editor of the legal text Thomson, Rogers on Municipal Liability and regularly speaks and presents papers at legal conferences.
 

Certification Not the Holy Grail Anymore
Article in the Law Times
April 6, 2009

Notable Trial and Appeal Decisions

The following are some of the more notable, precedent setting trials and appeals that Alan Farrer has argued in the Superior Court of Justice, in the Ontario Court of Appeal and the Supreme Court of Canada:

• Class Action Against the Directors of Farm Mutual Financial Services Inc.
  A Certification and Settlement Approval motion with respect to a class action against the directors of a bankrupt investment company that were alleged to have breached their duty to the customers of that company.  The $21.25 million settlement was approved. For details see: the reasons of Justice Perell.

• Haddad v. Kaitlin Group Ltd. In this Motion for Certification, Alan Farrer and Darcy Merkur persuaded the Court that the circumstances of this misrepresentation claim warranted resolution by way of a class action. In this case, home purchasers claim damages from a developer of a Subdivision for allegedly making mispresentations about the nature of the Subdivision in its Marketing Materials. The case will now proceed as a class proceeding under the Ontario Class Proceedings Act. For details see: Haddad v. Kaitlin Group Ltd., 2008 CanLII 66627 (ON S.C.)
   
• Naylor Group v. Ellis-Don Construction 43 O.R. (3rd) 325(C.A.), [2001] S.C.J. 56 Superior Court of Justice, Ontario Court of Appeal and Supreme Court of Canada (A tender, subcontractor action in which the courts awarded substantial damages for cancelling a subcontract after the contracts were awarded)
   
• Heald v. Toronto District School Board [2004] O.J. 714, Superior Court of Justice, Ontario Court of Appeal, Leave denied Supreme Court of Canada (Defence of a Defamation Claim for the Toronto School Board)
   
• Cowles v. ALS (2006) 83 O.R. 660, Ontario Court of Appeal, Leave denied in Supreme Court of Canada (Liability for an animal attack)
   
• Zapfe v. Barnes [2003] O.J. 2856, 66 (O.R.) (3rd) 397 Ontario Court of Appeal (Limitation Periods)
   
• Ontario New Home Warranty Programme v. Chevron Chemical Co. [1999] O.J. 2245, Class Action - Superior Court of Justice (Class Action defended for Chevron)
   
• LeCavalier v. Soreltex international [1991] O.J. 2554, Superior Court of Justice (Wrongful Dismissal)
   
• General Dynamics Corp. v. Velliotis [1987] O.J. 824, Superior Court of Justice (Contract for tender, bids)

Testimonials

Na- Me- Res would like to say CHI-MIIGWETCH! - (Thank you in Ojibway)

To Thomson Rogers:

(Alan Farrer, Craig Brown, Darcy Merkur, Marcia Schmitt)

Through your generous donation at this time of year, Na- Me- Res is able to provide much needed items to over 222 clients we serve through our Programs and Services offered at our Men’s shelter—14 Vaughan Road; our Youth Shelter- 26 Vaughan Road, as well as the clients in our Outreach Services Department assisted on the streets. Your donation goes along way in providing Christmas cheer to those less fortunate.

Glad Tidings and a Happy, Healthy, Prosperous New Year!!!!!