Lawyer Profile

Nicole Henderson

Toronto, Ontario

Nicole Henderson

Overview

Nicole litigates class actions and other complex disputes, including in the areas of cybersecurity, product liability, and competition. She also practises public law, including constitutional, administrative, regulatory and freedom of information matters.

In addition to defending competition class actions, Nicole's competition litigation practice includes contentious merger reviews and other criminal and civil litigation under the Competition Act.

Trial and appellate counsel to a leading energy services company in a C$2.3-billion enterprise value merger before the Competition Tribunal and the Federal Court of Appeal, including successfully opposing multiple applications to block closing of the transaction

Trial counsel to an insurer in a national class action relating to business interruption claims in the context of the COVID-19 pandemic (named one of Lexpert's Top 10 Business Decisions of 2023)

Member of the trial team in the first medical products class action to go to trial in Ontario (146 trial days), which obtained a trial ruling dismissing the action against one of the world's leading manufacturers of life-saving cardiac devices in a national class action claiming more than C$1-billion in damages, alleging negligent design, testing and warning

Counsel to a defendant in a competition class action seeking approximately C$1.4-billion in damages, successfully obtaining summary judgment prior to certification on the basis of the regulated conduct defence (upheld by the Ontario Court of Appeal)

Counsel to a leading engineering and technology firm in several consumer protection class actions relating to diesel emissions, successfully opposing motions for certification

Counsel to an intervenor in the Supreme Court of Canada in an appeal concerning the scope of the duty of honest performance of contractual obligations

Practice Areas

  • Civil Litigation
  • Product Liability
  • Class Action Defendant
  • Class Action Plaintiff

Bar Information

Called to the bar: 2009 (ON)