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Christopher Horkins Picture

Email to Christopher Horkins Christopher Horkins

Associate

OfficeToronto

t: 416 815 4351
f: 416 642 7129
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Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON  M5H 3C2
Canada

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Expertise

Year of Call

Ontario, 2012

Education

Certificate (Business Essentials for Lawyers), University of Toronto School of Continuing Studies, 2014

J.D., Queen's University, 2011

B.A. (Hons.) (Political Science and English), Queen's University, 2008

Christopher Horkins

Chris Horkins is an associate in the Advocacy Group with a broad commercial litigation practice including franchise, product liability, securities litigation, insolvency and class actions defence. Prior to joining Cassels Brock as an associate in 2012, Chris was both a summer and articling student at the firm.

Chris has a proven record of effective advocacy at all levels of Ontario courts, in arbitrations and proceedings before administrative tribunals, including the Ontario and British Columbia Securities Commissions and Mutual Fund Dealers Association. A list of representative decisions where Chris has acted as counsel can be found below.

Chris’s practice regularly involves:

  • Representing franchisors in franchise litigation disputes, including class actions, rescission and good faith claims brought under the Arthur Wishart Act and the enforcement of post-termination restrictive covenants
  • Defending manufacturers of automobiles, aircraft, watercraft, building products, drugs and medical devices, among other products, in personal injury and product liability actions, including class actions
  • Acting for court officers and creditors in Canadian and cross-border insolvency and restructuring proceedings
  • Acting for shareholders, directors, officers and other stakeholders in corporate and securities litigation disputes including oppression remedy applications and proceedings before provincial securities regulators
  • Prosecuting and defending complex commercial disputes, including breach of contract claims

Chris is an active member of the Advocates’ Society. In 2013 he was appointed to the Young Advocates’ Standing Committee (YASC), a standing committee of the Advocates’ Society promoting the interests of advocacy lawyers in their first ten years of practice. Chris also writes regularly for the firm’s Franchise Law and Product Liability E-Communiqués and has been published in the newsletter of the International Bar Association’s Franchise Law section. In addition, Chris is serving as Co-Chair of the Canadian Franchise Association’s 2018 Franchise Law Day.

Chris maintains a busy pro bono practice, acting as counsel to unrepresented parties in securities enforcement matters before the Ontario Securities Commission and for early childhood educators in disciplinary proceedings before the Ontario College of Early Childhood Educators. Chris is also a volunteer board member at RARE Theatre, a not-for-profit community theatre and outreach organization in Toronto aimed at promoting the voices of disenfranchised groups through theatre.

Representative Cases

Raibex Canada Ltd. v. ASWR Franchising Corp., 2018 ONCA 62, <http://canlii.ca/t/hpzxv> - successful appeal on behalf of franchisor of decision granting rescission to plaintiff franchisee on the basis of non-disclosure of lease where the franchise location was not determined at the time of the grant, leading decision on disclosure obligations and the rescission remedy under the Arthur Wishart Act

YESCO Franchising LLC v 2261116 Ontario Inc., 2017 ONSC 4273, <http://canlii.ca/t/h5bj1> - successful defence of summary judgment motion on limitations grounds on behalf of Ontario master franchisee of sign and lighting repair business

Costa Printing Limited v Handy Home Products Inc., (28 August 2017), Brampton DC-17-29 (Ont Div Ct) - successful appeal of trial decision granting judgment based on alleged unwritten guarantee

College of Early Childhood Educators vs. Sophia McKenzie, 2017 ONCECE 5, <http://canlii.ca/t/hmwb8>; 2017 ONCECE 9, <http://canlii.ca/t/hp316> - pro bono counsel to low-income early childhood educator in week long disciplinary hearing before regulatory college

Sukhdeo (Re), 2017 CanLII 74489 (CA MFDAC), <http://canlii.ca/t/hmx0r> - settlement of disciplinary action by Mutual Fund Dealers Association against individual broker

Hecla Mining Company, 2016 ONSEC 31, <http://canlii.ca/t/h4swl>; 2016 ONSEC 32 (CanLII), <http://canlii.ca/t/h4sw8> / Re Hecla Mining, 2016 BCSECCOM 359, <http://canlii.ca/t/gvcl8> - co-counsel in joint hearing before Ontario and BC Securities Commissions, first decision to consider private placements as defensive tactics under new take-over bid regime

MRP Recruiting Inc. v Mopals.com Inc., (17 October 2016), Toronto CV-16-557549 (OSCJ) - successful motion to stay inappropriate debt collection application against multiple unrelated parties

Parvin v. Richardson, 2015 ONSC 1778, <http://canlii.ca/t/ggrt7> - successful defence of motion to add brake component manufacturer to ongoing product liability action on limitations grounds

Osztrovics Estate v. Osztrovics Farms Ltd., 2015 ONCA 463, <http://canlii.ca/t/gjmnc> - successful defence of motion for leave to appeal decision on bankruptcy trustee’s investigative powers over bankrupt’s family farming corporation to Ontario Court of Appeal

Pricewaterhousecoopers Inc. (in its capacity as Trustee in Bankruptcy) v Osztrovics Farms Ltd., 2015 ONSC 2079, <http://canlii.ca/t/ghb85> - successful defence of appeal of decision regarding trustee’s investigative powers over bankrupt’s family farming corporation

Re Osztrovics (No.1), 2014 ONSC 1567, <http://canlii.ca/t/g66gc> - Successful motion to set aside bankrupt’s automatic discharge

2038724 Ontario Ltd. v. Quizno’s Canada Restaurant Corporation, 2014 ONSC 5812, <http://canlii.ca/t/gdtxw> - counsel to defendant franchisor in substantial franchisee class action

MDG Computers Canada Inc. et al. v. MDG Kingston Inc. et al., 2013 ONSC 5436, <http://canlii.ca/t/g0xb9> - successful application to remove arbitrator in franchise dispute due to reasonable apprehension of bias

The Cash Store Financial Services Inc. v. National Money Mart Company, 2013 ONSC 2905, <http://canlii.ca/t/fxj2q> - successful defence of motion to impose discovery plan, leading decision on court’s authority to impose discovery plan under Rule 29.1.03

ASSOCIATIONS ASSOCIATIONS
  • Canadian Bar Association
  • Ontario Bar Association
  • The Advocates' Society (Secretary, Young Advocates Standing Committee)
  • Defence Research Institute
Publications, Newsletters and Articles Publications, Newsletters and Articles

Product Liability e-COMMUNIQUÉ - June 2018

Duty Free: Recent Appellate Decisions Narrow the Duty of Care in Negligence for Manufacturers

Class Actions e-COMMUNIQUÉ - April 2018

Ontario Court Denies Plaintiffs’ Motion to Add New Defendants to Proposed Class Action Outside Limitation Period

Franchise Law e-COMMUNIQUÉ - February 2018

Arbitration Frustration: Narrowly Drafted ADR Clause Prevents Franchisor from Arbitrating Against Individual Franchisee Operators

Ontario Court Weighs In On Franchise Disclosure and Rescission

Product Liability e-COMMUNIQUÉ - February 2018

“Take This Implied Warranty With A Grain of Sand”: Different Results in Contract and Tort Claims Over Defective Septic System Filter Sand

An AllStar Decision for Franchisors: Court of Appeal Restores Clarity and Commercial Sense to Disclosure Obligations in Long Awaited Raibex Appeal Decision

Product Liability e-COMMUNIQUÉ - November 2017

BC Court Toasts Vicarious Liability Claim for “Defective Sandwich”

Franchise Law e-COMMUNIQUÉ - October 2017

Canadian Securities Litigation Outlook 2017: Trends to Watch for Capital Markets Participants

BC Court Toasts Claim Against Franchisor for “Defective Sandwich”

Product Liability e-COMMUNIQUÉ - May 2017

Canadian VW Diesel Emissions Class Action Settlement Granted Court Approval

Defendants Burned as Economic Loss Claim Certified in Glass-Fronted Fireplace Class Action

Franchise Law e-COMMUNIQUÉ - May 2017

Product Liability e-COMMUNIQUÉ - February 2017

Plaintiffs’ Failure to “Connect the Dots” Between Duty to Warn and Alleged Harm Leads to Certification Denial in Drug Class Action

Franchise Law e-COMMUNIQUÉ - January 2017

Franchise Law e-COMMUNIQUÉ - November 2016

Just Not Ready? Raibex Decision Makes Post-Agreement Location Selection a Fatal Error

Ontario Court Imposes New Disclosure Requirement Prohibiting the Common Practice of Determining Location After Signing a Franchise Agreement

Conferences, Speaking Engagements, Events Conferences, Speaking Engagements, Events