Patrick Healy

Counsel
Bar Admissions
2016
Education
2012-2015 Faculty of Law, University of Toronto, Juris Doctor
1998-2004 Department of History, Trinity College Dublin Ph.D. in History
1994-1998 Department of History, Trinity College Dublin, B.A. in History (First-Class Honors)

Profile

Patrick Healy is counsel at Weintraub Erskine Huang LLP, where he maintains a broad commercial litigation practice including contract disputes, real estate, creditor remedies, securities litigation, and environmental litigation. Patrick has represented clients at all levels of court in Ontario, including the Commercial List and the Court of Appeal. He also has experience in private arbitration.

Before joining Weintraub Erskine Huang, Patrick was an associate at a leading national law firm where his practice included commercial litigation across a diverse range of industries and professional negligence litigation.

Patrick received his Juris Doctor degree from the University of Toronto, where he was awarded prizes in Constitutional Law and Public International Law. After law school, he articled as a judicial law clerk at the Superior Court of Justice in Toronto, where he clerked for judges at the Superior Court, the Divisional Court, and the Commercial List. Prior to law school, he received a Ph.D. in history from Trinity College Dublin and taught history at Trinity and at Oxford University.

Patrick was called to the Bar in Ontario in 2016 and is a member of the Law Society of Ontario, the Advocates’ Society, the Canadian Bar Association, and the Ontario Bar Association. He is currently writing a book on private law remedies in Canada.


Cases

  1. 1162251 Ontario Limited v. 833960 Ontario Limited (M-Plan Consulting), 2017 ONCA 854, https://canlii.ca/t/hmx8q - concerning the enforceability of a loan guarantee and general security agreement; this case was successfully appealed to the Ontario Court of Appeal
  2. Fenwick v. Concierge Auctions, ULC, 2017 ONCA 889 https://canlii.ca/t/hnv06 - concerning the enforceability of a deposit term in a real property agreement of purchase and sale; this case was successfully appealed to the Ontario Court of Appeal
  3. Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd., 2018 ONSC 1123 https://canlii.ca/t/hqjn9 -concerning a priority dispute over statutory trust funds in bankruptcy; although unsuccessful at first instance, this case was successfully appealed to the Ontario Court of Appeal (immediately below)
  4. The Guarantee Company of North America v. Royal Bank of Canada, 2019 ONCA 91https://canlii.ca/t/hwz1n
  5. W.S. Nicholls Construction Inc. v. Barton-Malow Canada, Inc., 2019 ONSC 5082 https://canlii.ca/t/j2681 - concerning a claim for unjust enrichment by a sub-contractor under Ontario’s construction lien legislation; successful on a motion to dismiss the claim of unjust enrichment as against my client Covanta Durham York Renewable Energy Limited Partnership
  6. Cheng (Re), 2018 ONSEC 34 https://canlii.ca/t/hslwx - concerning a settlement agreement between the Ontario Securities Commission and a client accused of violating the insider tipping provisions of Ontario’s Securities Act
  7. Friday Harbour Village Inc. v. 2138746 Ontario Inc., 2018 ONCA 10472 https://canlii.ca/t/hwp05 - concerning a claim to adverse possession of a partially submerged strip of land adjoining a marina; successful at first instance and successful as respondent on appeal to the Ontario Court of Appeal
  8. Fuller v. Aphria, 2019 ONSC 3778 https://canlii.ca/t/j140t - concerning the enforceability of stock options in a stock option agreement; successful at first instance and reversed on appeal: 2020 ONCA 403 https://canlii.ca/t/j8cwl
  9. Danny Jezerinac et al. v. Dr. Rajesh Chakravertty et al., Court File No.: CV-18-0000-8810-0000 – concerning a medical malpractice action in Ontario involving allegations of negligence; successful defence of Dr. Chakravertty at a jury trial; jury verdict (October, 2022) has not been appealed.

Publications

  1. Private Law Remedies in Canada (with co-author Geoff Hall) LexisNexis, forthcoming: fall, 2024
  2. ‘A Question of Attribution: UK Supreme Court Clarifies Law on the Illegality Defence and the Quincecare Duty Owed By Financial Institutions’ Canadian Appeals Monitor, 2019https://www.mccarthy.ca/fr/node/61091#page=1
  3. ‘Pacta Sunt Servanda once again: the story of Greece and Ireland’ The History Hub, University College Dublin, 2015

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