Paul F. Monahan

Paul Monahan has been practicing litigation for more than 20 years. He is a recommended litigator by the Practical Law Company, a leading U.K. publication which recommends counsel throughout the world. His litigation practice involves a wide range of business and administrative law matters. Paul has legal expertise in the areas of misrepresentation, auditor's negligence, breach of contract, banking, securities, insurance, oppression, employment, fiduciary duties, professional negligence and professional discipline.

Paul also has significant public law and constitutional law experience. For example, in 2011, he appeared as counsel for the Canadian Civil Liberties Association in two significant cases: (i) the Federal Government's appeal to the Supreme Court of Canada concerning the "safe injection site" in Vancouver, British Columbia (Attorney General of Canada v. PHS Community Services Society et al); (ii) an Ontario Superior Court of Justice challenge to the constitutionality of a mandatory minimun sentence under the Criminal Code for possession of a firearm (R. v. Nur). Decisions in both of these cases are pending.

In addition, Paul has served as a legal advisor to governments (federal, provincial and municipal) and government agencies on a wide range of legal issues.

Paul is an experienced counsel at mediations, arbitrations and trials and has appeared before 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. He also appeared before various administrative tribunals. Paul articled at Fasken & Calvin in 1985-6 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."  

Selected Experience

• Canada (Attorney General) v. PHS Community Services Society, 2011 SCC 44
• Albin et al v. BMO Nesbitt Burns Inc. et al (2011), ONSC 555

News

• Lexpert Magazine mentions a team of Fasken Martineau lawyers which represented the Dr. Peter AIDS Foundation and the Canadian Civil Liberties Association before the Supreme Court of Canada during the Insite case
• The Lawyers Weekly quotes Paul Monahan who acted as co-counsel for the Canadian Civil Liberties Association in the Insite case

Publications

• Protecting Confidential Data: A Case Comment on Sabre v. IATA
• GAAR Interpreted: The General Anti-Avoidance Rule

Presentations

• Toronto Fasken Martineau Symposium (1st Edition)
• New Rules in Litigation

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
  

Community Involvement

• Director, Harbourfront Foundation (Past)
• Adjunct Faculty, Civil Appeals and Judicial Review - University of Toronto Law School (Past)
  

Honours and Awards

• Paul is recommended as a dispute resolution lawyer in Canada in the 2000 to 2010 editions of the Practical Law Company's guide to lawyers. This is a leading UK publication on commercial lawyers.