Brent McPherson Partner Toronto Tel : 416.307.4103 Fax : 416.865.7048 Email : brent.mcpherson@mcmillan.ca VCard :

Professional Activities

Brent McPherson is a partner in the Advocacy and Commercial Litigation Group in the firm's Toronto office. While Brent regularly acts on a broad range of commercial dispute litigation, he has particular expertise and extensive experience handling cases involving corporate governance issues, shareholder rights, cross-border litigation, jurisdictional issues and complex commercial disputes, including franchise litigation. Brent also has extensive experience acting as lead counsel for corporations seeking approval of plans of arrangement under the OBA and CBCA.

Brent has acted for monitors, receivers, trustees, creditors and debtors in all aspects of bankruptcy and insolvency litigation matters.

Brent is also a member of Joint Ontario Bar Association and Advocates' Society Task Force on E-Discovery, Implementation Committee.

Memberships

• Canadian Bar Association
• Ontario Bar Association - E-Discovery Implementation Committee
• American Trial Lawyers' Association
• The Advocates' Society

Community Involvement

Brent is actively involved in the Rosedale-Moore Park Association as a coach and a volunteer.

Brent McPherson has acted as lead or co-counsel in the following matters:

• Extensive experience as lead counsel acting for public companies on applications for approval of plans of arrangement under the OBA and CBCA.
• Counsel in a major commercial dispute regarding the purchase and sale of securities of a public company.
• Counsel in several multiple jurisdictional actions against manufacturers for breach of contract and negligence.
• Counsel in multiple actions concerning ownership and interest in a major Canadian real estate portfolio.
• Regularly engaged to act on international commercial disputes.
• Extensive experience bringing and responding to applications to enforce letters rogatory and foreign judgments, and handling other jurisdictional issues.
• Regularly acts for and against mining companies on claims relating to mining interests worldwide.
• Counsel in action against a major financial institution involving claims of negligence and breach of fiduciary duty.
• Counsel on commercial disputes under international franchise agreements.
• Acted for plaintiffs and defendants on claims involving professional negligence.
• Acts regularly on cases involving claims of breaches of contract, breach of trust, breach of fiduciary duty and duty of confidence.
• Regularly handles injunction applications in connection with non-solicitation and non-competition contractual provisions.

• Extensive experience acting for and against corporations in proceedings under the OBA and CBCA, including sanction hearings in respect of applications for approval of plans of arrangement.
• Counsel in various cases involving shareholder disputes.

• Has acted for monitors, receivers, trustees, creditors and debtors in all aspects of bankruptcy and insolvency litigation matters.

Alternative Dispute Resolution 

• Extensive experience with arbitration and mediation.
• Counsel in a week long international arbitration held in Stockholm, Sweden, concerning claims arising from the sale of equipment to a firm in the Republic of China.

Construction Litigation

• Acts on construction lien litigation matters and asserting bonding and trust claims.
• Acts regularly on construction disputes involving general contractors, subcontractors, project owners, surety companies, suppliers and others.
• Carriage counsel for class of lien claimants on a large construction dispute.
• Counsel for a major steel manufacturer in construction litigation.

Contributor to the Ontario Bar Association/Advocates' Society Model Documents for E-Discovery.

2011 Risky Business - What You Should Know Before Agreeing to Arbitration Presenter, McMillan Lecture Series

February 2009 Litigation Readiness - Proactive Measures for Volatile Times Speaker, Lang Michener and KPMG

October 2008 What You Don't Know May Hurt You! Strategies for Minimizing Risk Presenter, Lang Michener Five O'Clock Seminar

October 2006 Litigation in the Electronic Age Presenter, Lang Michener Five O'clock Lecture Series