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Kevin D. Toyne LL.M, LL.B, B.A.


Year of call:

2004-2015

call Location:

Ontario – Manitoba

Biography

Kevin is an experienced civil and appellate litigator with a diverse practice. He has appeared as counsel before the Manitoba Court of King’s Bench, Manitoba Court of Appeal, Federal Court, Supreme Court of Canada, and every level of court in Ontario. Kevin also has experience before mediators, arbitrators and the discipline panels of various regulated professions.

Kevin taught Civil Procedure at Robson Hall Law School at the University of Manitoba from 2018 – 2021. He is a presiding member of the Cooperative Housing Appeal Tribunal and a member of the Inquiry Committee of the College of Paramedics.

Outside of his practice, Kevin serves as a Board Member for the Winnipeg Humane Society and Humane Canada, as well as Chair of the Animal Protection Committee of the Winnipeg Humane Society.

Education

  • B.A University of Manitoba 2000
  • LL.B University of Manitoba 2003
  • LL.M York University 2017

Experience & Accreditation

Municipal Law

6165347 Manitoba Inc. v. City of Winnipeg, 2023 MBKB 114 – Represent successful plaintiffs in misfeasance of public office action against the City of Winnipeg and senior City officials.

Shareholder Activism

Kushkush Investments Pty Ltd. v. Snow Lake Resources Ltd. (unreported) – Obtain an urgent injunction to prevent the issuance of 10 million new shares prior to the record date for a special meeting called to replace the board of directors.

Professional Discipline

Manitoba Chiropractors Association v. Dr. Carolyn Weiss (unreported) – Successfully defend against allegations of professional misconduct arising from sharing of public health information regarding COVID-19.

Non-Consensual Distribution of Intimate Images

Roque v. Peters, 2022 MBQB 34 – Represent successful plaintiff in first civil trial under Manitoba’s Intimate Image Protection Act.

Contempt of Court

6165347 Manitoba Inc. v. City of Winnipeg – 2020 MBQB 60 and 2020 MBQB 141 – Successful prosecution of City of Winnipeg for contempt of court and subsequent proceedings.

Carey v. Laiken, 2015 SCC 17 – Supreme Court of Canada upheld successful prosecution of a senior Toronto litigator for contempt of court.

Injunctions

6165347 Manitoba Inc. v. Vandal – 2017 MBCA 75, 2017 MBCA 81 and unreported decision of Justice Edmond on September 14, 2017 – Successfully obtain injunction to end blockade and permit development of land to proceed.

Insolvency Law and Practice

CIBC Wood Gundy Inc. v. BDO Canada Ltd., 2017 MBQB 71 – Successfully obtain order requiring trustee to return funds mistaken paid to it.

Re Sadja, 2013 ONSC 5469 – Successfully obtain leave to examine trustee and discharge of bankrupt over trustee’s objection.

Manitoba Agricultural Services Corporation v. RPSC Farms Inc. (unreported) – Obtain an order setting aside a default judgment and statement of claim as nullities pursuant to The Family Farm Protection Act.

Civil Procedure

SG Ceresco Inc. v. BroadGrain Commodities Inc., 2018 MBQB 120 – Successfully defend against request for leave to appeal arbitral award.

574201 Alberta Limited v. Ground Level Transport Inc., 2017 MBQB 70 – Successfully obtained extensive particulars of intentional tort allegations made in a counterclaim.

Animal Law

Jardine v. Before the Bridge Senior K-9 Rescue Inc., 2019 MBQB 120 – Successfully recover possession of pet dog.

Nakhuda v. Story Book Farm Primate Sanctuary, 2013 ONSC 5761 – Successfully defend against claim of ownership of “Darwin the IKEA Monkey”.

Contact


1.204.954.0751
ktoyne@hillcounsel.com

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