Paul Monahan has been practising litigation for more than 25 years. He is a recommended litigator in Chambers Global, Lexpert (including the 2013 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada), Benchmark Canada (which has referred to him as a "local litigation star"), and the Practical Law Company. He is recognized for his expertise in the areas of misrepresentation, breach of confidence, auditor's negligence, breach of contract, banking, securities, insurance, oppression, employment, fiduciary duties, professional negligence and professional discipline.
Recent litigation successes include winning the dismissal of a major breach of confidence case at trial and on appeal (see Sabre v. International Air Transport Association (2011) ONCA 747), taking a complex alleged fraud case to trial for a number of defendants and settling it on favourable terms after several weeks of trial and obtaining a “Pierringer order” permitting some of the defendants to exit the action while the case continued against other parties (see Century Services v. New World (2013) ONSC 2140) and upholding the jurisdiction of the New Brunswick Courts over a major claim for health care recovery costs brought by the Government of New Brunswick against numerous international tobacco companies (see R. v. Rothmans (2011) Canlii 20626 (NBCA)).
In the 2014 edition of Chambers Global, a client is quoted as saying about Monahan: “He is just fantastic, so knowledgeable, so skilled as a litigator and very down to earth”.
Monahan also has significant public law and constitutional law experience. Recently, he has appeared as counsel for the Canadian Civil Liberties Association in the landmark Supreme Court of Canada "safe injection site" case (Attorney General of Canada v. PHS Community Services Society et al,  3 S.C.R. 134) and in an Ontario Court of Appeal challenge to the constitutionality of the mandatory minimum sentence under the Criminal Code for possession of a firearm (R. v. Nur (2013) ONCA 677). In the Nur case, the Ontario Court of Appeal for the first time struck down a prescribed penalty because it constituted cruel and unusual punishment contrary to the Charter. He has also served as a legal advisor to governments (federal, provincial and municipal) and government agencies in a variety of cases and contexts.
Monahan is an experienced counsel at mediations, arbitrations and trials and has appeared before numerous administrative tribunals and various levels of Courts including the Superior Court of Justice, the Ontario Court of Appeal, the Federal Court of Appeal, the New Brunswick Court of Queen's Bench, the New Brunswick Court of Appeal and the Supreme Court of Canada.
Monahan is trained as a mediator and arbitrator. He is a Fellow of the Chartered of Institute of Arbitrators.
He articled at Fasken & Calvin in 1985-1986 and started as a litigation associate at the firm in 1987. He has been a partner since 1992.
Monahan has been actively involved in firm management at Fasken Martineau DuMoulin. He was Vice Chair of the Toronto Litigation Section from 1996 to 2003 and Chair of the Toronto Professional Development Committee (which oversees all professional associate issues) from 2005 to 2010.
Between December 1993 and April 1995, Monahan served as Executive Assistant to the Honourable Allan Rock, then Minister of Justice and Attorney General of Canada.
Honours and Awards
- 2013 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada for Corporate Commercial Litigation
- Chambers Global 2012-2014 for Dispute Resolution in Ontario
- Canadian Legal Lexpert Directory 2012-2013 for Corporate Commercial Litigation
- Benchmark Canada 2012 as a "local litigation star" in Commercial Litigation
- Practical Law Company's Which Lawyer? 2000-2012 as a dispute resolution lawyer in Canada
- Director, Harbourfront Foundation (Past)
- Adjunct Faculty, Civil Appeals and Judicial Review - University of Toronto Law School (Past)
- Past Director, The Advocates' Society (elected in 2004)
- Past Trustee, Metropolitan Toronto Lawyers Association
- Member, Canadian Bar Association
- Member, Ontario Bar Association
- Member, American Bar Association - Section of Litigation: Class Actions and Product Liability