
Advocacy experience
Brooke has advocated for her clients in numerous appeals, contested hearings, and judicial review proceedings, including before the Divisional Court, Ontario Court of Appeal, Federal Court of Appeal, and the Supreme Court of Canada.
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More often than not, however, Brooke works to advance her clients' interests through informal advocacy, and resolves matters without a publicly reported decision.
She regularly represents lawyers and other regulated professionals to help respond to complaints and investigations and stop disciplinary proceedings before they start, and provides legal opinions and practical advice on professional obligations to address potential regulatory concerns before they arise—and before there is any need for the regulator to get involved—to ensure professionals can focus on helping their own clients.
Representative cases
Mathur v. Ontario, 2024 ONCA 762
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Lead counsel for a public-interest intervener in an application challenging the constitutionality of the Cap and Trade Cancellation Act, 2018, which reduced Ontario's emission reduction targets well below the international scientific consensus of what is required to mitigate the catastrophic effects of climate change.
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*Law Society of Ontario appeal in readmission matter, 2024
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Successful appeal of Law Society Tribunal Hearing Panel decision that had rejected a lawyer licensing application on the basis that the applicant had not proven he was "of good character" after being disbarred many years earlier. The Appeal Panel accepted that the Hearing Panel had erred in its analysis and a new hearing was required.
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*Law Society of Ontario motion for an interim suspension, 2024
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Worked with a licensee and the Law Society to arrive at acceptable terms for an interim practice suspension on consent pending a conduct investigation, without costs ordered against the licensee.
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Penate v. Martoglio, 2024 ONCA 166
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Successful appeal of a trial judge's decision to strike a jury after a six-week trial in a complex obstetrical negligence case, based on a failure to provide adequate reasons to deprive the plaintiff family of a jury trial
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*Law Society of Ontario discipline matter converted to an invitation to attend, 2024
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Negotiated a remedial (non-punitive) outcome to a conduct application alleging misuse of confidential information and failure to account; the Law Society Tribunal dismissed the application during the pre-hearing process.
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*Law Society of Ontario penalty hearing re duty to cooperate, 2023
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Successfully advocated for a reduced penalty in a Law Society discipline proceeding, avoiding suspension based on several mitigating factors.
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Ahluwalia v. Ahluwalia, 2023 ONCA 476
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Lead counsel for the respondent on an appeal concerning the recognition of a novel tort of family violence.
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*Law Society of Ontario discipline hearing re honesty and candour, 2022
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Successful defence of a lawyer who was alleged to have given false or misleading testimony in a personal matter in Small Claims Court; all allegations of professional misconduct were dismissed in their entirety after a six-day contested hearing.
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Cheung v. Samra
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An appeal of a traumatic birth injury decision in which the trial judge dispensed with the jury verdict in the plaintiffs' favour; successfully advocated to reinstate the jury verdict in the plaintiff family's favour: 2018 ONCA 923, 2020 ONSC 4904, 2022 ONCA 195
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*Law Society of Ontario discipline, penalty, costs, and appeal hearings re advertising, 2019-2021
Defending a lawyer alleged to have committed professional misconduct in relation to Law Society advertising rules; all allegations were dismissed, the proceeding was converted to an invitation to attend, and the lawyer obtained costs order against the Law Society--all of which was upheld on appeal.
Dhillon v. The Corporation of the City of Brampton, 2021 ONSC 4165
Successfully responded to a judicial review application in the Divisional Court, which affirmed the City’s remedial actions to address allegations of sexual misconduct against a city councillor.
Parliament v. Conley, 2021 ONCA 261
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Representing the successful appellant in a medical malpractice case to overturn a jury verdict based on bias in expert evidence.
TekSavvy Solutions Inc. v. Bell Media Inc., 2020 FCA 108, 2021 FCA 100
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Represented an intervener in an appeal upholding Canada’s first site-blocking order.
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Stirrett v. Cheema, 2020 ONCA 288
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An appeal concerning duties owed by medical researchers to human subjects in experiments and the role of causation in claims for breach of fiduciary duty.
Barrese v. Barrese, 2019 ONSC 3137
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Acted for the successful moving party in a motion for disqualification of counsel.
Alectra Utilities Corporation v. Solar Power Network Inc., 2018 ONSC 4926, 2019 ONCA 254
Appeals regarding the scope of courts’ powers to set aside arbitration awards for lack of jurisdiction.
Ghiassi v. Singh, 2018 ONCA 764
An appeal reaffirming trial judges’ ability to make causal inferences in medical negligence claims.
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Rankin v. JJ (Litigation Guardian of), 2018 SCC 19
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Represented an intervener before the Supreme Court of Canada in an appeal regarding whether an auto shop owed a duty of care to highway users injured by a stolen vehicle.
Butler v. Royal Victoria Hospital, 2018 ONCA 409
An appeal concerning the role of contingencies in assessing damages for loss of future income.
Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017
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An appeal overturning a motions decision striking claims against employees alleged to have breached their duty of care to a customer who was injured by a spilled hot beverage.
Sacks v. Ross, 2017 ONCA 773
An appeal concerning the causation questions to be put to a jury in a complex medical malpractice case.
Google Inc. v. Equustek Solutions Inc., et al., 2017 SCC 34
Represented an intervener before the Supreme Court of Canada in a decision affirming courts’ equitable jurisdiction to grant injunctions with extraterritorial effect concerning illegal activities on the internet.
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Ontario v. Chartis Insurance, 2017 ONCA 59
An appeal concerning the disqualification of counsel in an insurance matter due to a transferring lawyer’s conflict of interest, despite imposition of a conflict screen.
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*Although these cases are public, references to LSO matters have been anonymized and posted without links so as to avoid unnecessary exposure of clients’ names and matters.

Anything else?
A complete list of publicly reported decisions on which Brooke acted as counsel can be found on CanLII—but these lists provide only a representative sample of the kind of cases Brooke acts on. Most professional conduct matters, for example, never result in a public decision because we resolve the issue before it is referred to discipline.
If you wish to learn more, feel free to contact Brooke.