Kirsten Crain  

Partner

Executive Summary

Kirsten Crain is Head of our Ottawa Health Law Group.  Kirsten focuses her litigation practice on complex commercial cases, health sector litigation, intellectual property litigation, and a wide range of administrative law matters. She has represented clients before many courts and tribunals, at both the trial and appellate levels.  She acts for many clients in the health and pharmaceutical sectors.

Representative Work

  • Independent Counsel (co-counsel with Guy Pratte) in the Matter of an Inquiry Committee Constituted Pursuant to s. 63 of the Judges Act into the Conduct of the Honourable Associate Chief Justice Lori Douglas of the Court of Queen’s Bench of Manitoba.
  • Counsel in patent infringement cases before the Federal Court in disputes involving patents in the oil & gas, mining, consumer products and on-line gaming sectors.
  • Counsel before the Patented Medicines Prices Review Board in pricing matters under the Patent Act.
  • Counsel for hospitals in privileges disputes with physicians before the Health Professions Appeal and Review Board.
  • Counsel for physicians and hospitals in consent and capacity proceedings before the Consent and Capacity Board, as well as in appeals before the Superior Court of Justice.
  • Counsel for hospitals and nurses in medical malpractice cases.
  • Counsel for a major tobacco company in product-liability class action proceedings.
  • Represented Allarco Entertainment 2008 Inc. in a broadcasting dispute with Rogers Communications Inc.
  • Represented the City of Ottawa in a breach-of-contract dispute against Siemens Canada Ltd. regarding the construction of a light rail system.
  • Represented the Ottawa Health Research Institute in a breach-of-contract dispute against Bexley Trading Inc. regarding a clinical trial.

Publications & Presentations

  • Speaker, “Medicine, Ethics and the Law,” Queensway Carleton Hospital, January 2012.
  • Speaker, “The Gavel Falls!: A Glimpse into the Litigation Journey,” The Ottawa Hospital Risk Management Conference, June 2012.
  • Speaker, “Lessons Learned from Recent Cases,” Ottawa Hospital Risk Management Conference entitled “Managing Risk in the Fast Lane,”   June 2011.
  • Speaker, “Health Law:  Add More Value to Your Medical Negligence Cases,” The Institute of Law Clerks of Ontario 21st Annual Conference, May 2011.
  • Speaker, Ontario Trial Lawyers’ Association, Female Litigator Panel (Ottawa),   March 2010.
  • Speaker, “College Proceedings and Coroners’ Inquests,” Masters of Health Law Administration Series (Ottawa), March 2010.
  • Lecturer, “Credentialing and Privileging of Physicians, and Managing Difficult Physicians,” University of Ottawa (Telfer School of Management), May 2008.
  • Author, “Time to end Expert Immunity in Canada,” The Advocates’ Journal, December 2011.
  • Author, “Canada Regulatory Regimes:  Tips on Regulatory Issues,” Managing Intellectual Property, October 2011.
  • Contributing Author, Life Sciences & Chemical Patent Practice in Canada:  A Practical Guide, 3rd Edition, Borden Ladner Gervais LLP, 2011.

Rankings & Recognitions

  • Recognized in the 2012 edition of The Canadian Legal Lexpert® Directory (Medical Negligence).