Paul Monahan has been practising litigation for 25 years. He is a recommended litigator in Chambers Global 2012, Benchmark Canada (a "local litigation star"), and the Practical Law Company. His litigation practice involves a wide range of business and administrative law matters. Paul has legal 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.
He has significant public law and constitutional law experience including having recently 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) and in an Ontario Superior Court of Justice challenge to the constitutionality of a mandatory minimum sentence under the Criminal Code for possession of a firearm (R. v. Nur). Has served as a legal advisor to governments (federal, provincial and municipal) and government agencies.
Paul 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.
Paul articled at Fasken & Calvin in 1985-1986 and started as a litigation associate at the firm in 1987. He became a partner in 1992.
Between December 1993 and April 1995, Paul served as Executive Assistant to the Honourable Allan Rock, Minister of Justice and Attorney General of Canada.
Paul has been involved in firm management at Fasken Martineau DuMoulin. He was vice-chair of the Toronto office's litigation section from 1996 to 2003. He was chair of the Firm's Toronto Professional Development Committee (which oversees all professional associate issues) from 2005 to January 2010.
In 1995, Paul was appointed by the Federal Government to serve as a facilitator in connection with Harbourfront Centre, a cultural institution located in Toronto. After a lengthy consultative process, Paul delivered a report in May 1996 which was approved of and agreed to by the Federal Government, the City of Toronto and Harbourfront Centre. The report led to a stable source of funding for Harbourfront Centre in accordance with what became known as the "Monahan Report."
Honours and Awards
- Named in Benchmark Canada 2012 as a "local litigation star" in commercial litigation
- Ranked by Chambers Global Guide 2012 for Dispute Resolution in Ontario
- Recommended as a dispute resolution lawyer in Canada in the 2000 to 2011 editions of the Practical Law Company's guide to lawyers. This is a leading UK publication on commercial lawyers.
Community Involvement
- Director, Harbourfront Foundation (Past)
- Adjunct Faculty, Civil Appeals and Judicial Review - University of Toronto Law School (Past)
Membership/Affiliations
- Director, Advocates' Society (Past-Elected in 2004)
- Trustee, Metropolitan Toronto Lawyers Association (Past)
- Member, Canadian Bar Association
- Member, American Bar Association, Section of Litigation: Class Actions and Product Liability