At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Young Park

Partner

PROFILE

Young is a commercial litigator whose diverse advocacy practice includes judicial review, complex business disputes, cross border disputes, regulatory hearings, product liability, duty to warn, environmental litigation, IT disputes, shareholder disputes, franchise litigation, real estate litigation, defamation, professional liability and private actions for false advertising. Young is a skilled and tenacious advocate with extensive experience conducting trials, arbitrations, regulatory hearings and appeals. Young also advises his clients on a wide range of regulatory and risk management matters, focusing on providing pragmatic advice to resolve business problems. Young acts for clients in a wide range of industries including mining, energy, accounting and audit, technology, automotive, manufacturing, telecommunications, logistics, education, entertainment, food and beverage, consumer electronics and home appliances.

Publications

NOVEMBER 30 2017

LEXPERT’s 9th Annual Information Privacy and Data Protection Seminar

Bill Hearn, Howard Burshtein, Ron Davis, Sheryl Johnson, Rob Macdonald, Ruddy Morrone, Young Park, Colleen Spring Zimmerman and Ravi Shukla will be speaking at LEXPERT’s 9th Annual Information Privacy and Data Protection Seminar. This full day course will highlight:

  • Big Data and other Developments in the Public Sector and Elsewhere
  • General Data Protection Directive (GDPR) - Implications for Canadian Business
  • Privacy litigation Cases - Recent Developments
  • Blockchain - The Promise and The Perils
  • OPC Compliance Priorities and Strategic Directions
  • Cyber Risk Management Guidance for Corporate Directors
  • Issues in Employee Privacy
  • CASL Update

For more information, Click Here to view the Seminar Brochure

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APRIL 20 2017

CASL’s Private Right of Action – Class Action Goldmine or Proxy for the Regulator?

Presentation to the IT.CAN Teleconference Roundtable

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MARCH 01 2017

What's "Trending Now" in Digital Advertising & Marketing Law

 Seminar Materials.

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FEBRUARY 01 2017

Private Right Of Action Under Casl – The Case For Judicial Restraint In Ordering Non-Compensatory Damages

When the private right of action ("PRA") under CASL comes into force on July 1, 2017, affected parties can pursue private lawsuits against those that contravene CASL and claim both the "actual loss or damage suffered or expenses incurred" and the statutory damages set out in ss. 51(1)(b) of the PRA...

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DECEMBER 01 2015

Chevron Corp v Yaiguaje – Enforcing Judgments and Piercing Veils

"Chevron Corp v Yaiguaje – Enforcing Judgments and Piercing Veils”, Key Developments in Environmental Law  (Toronto: Canada Law Book, 2015), Chapter 3

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SEPTEMBER 14 2015

Displacing Forum Selection Clauses

The Flexible Concepts of Scope and Strong Cause, (2015) Canadian International Lawyer, Vol 10 No 2

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APRIL 29 2015

Commentary - The Northern Miner

  • Young Park and Rick Moscone, The Shifting liability landscape for Canadian miners abroad, The Northern Miner, April 29, 2015.
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NOVEMBER 05 2013

Supreme Court Defers to Restrictive Covenants Negotiated by Commercial Parties

Industry Groups

Representative Work

  • Counsel to an eastern producer in the anti-dumping Gypsum Board Hearing before the Canadian International Trade Tribunal.
  • Counsel for a major energy company in successful judicial review applications to restrain a municipality from preventing the development of a wind farm, including quashing a wind turbine noise by-law
  • Counsel for Klondex Mines Ltd. on a successful motion to stay proceedings based on forum non conveniens, which was affirmed by the Ontario Court of Appeal:  Solloway v. Klondex Mines Ltd., 2014 ONSC 391 (CanLII), 2014 ONSC 1632 (CanLII) and 2014 ONCA 672 (CanLII)
  • Counsel for a tech company in prosecuting claims against a former employee for breach of confidence and misappropriation of confidential informatioin
  • Counsel for a cruise and entertainment company in a judicial review application challenging the validity of a government agency's procurement decision
  • Counsel for a private international school in a judical review application challenging the validity of the Crown's decision to terminate its credit granting authorization
  • Counsel for a national law firm in an arbitration with a former partner concerning pension entitlements under a partnership agreement
  • Trial counsel for a multinational company in a lengthy product liability jury trial
  • Counsel for a multinational company in a land contamination dispute in Ontario
  • Counsel for a Mazda car dealership in a successful application for specific performance of an agreement of purchase and sale of land, which was affirmed by the Ontario Court of Appeal: (2009), 61 B.L.R. (4th) 64 (Ont. S.C.J.), aff’d 2010 ONCA 16 (CanLII)
  • Counsel for an international accounting firm in a judicial review application from the decision of a Professional Conduct Committee to refer professional discipline charges
  • Co-counsel for a pulp and paper company in an arbitration of a dispute concerning post-closing obligations in access of $55 million under an environmental indemnity
  • Counsel for a Global Fortune 500 manufacturer of consumer electronics and home appliances in successful proceedings against grey marketers for trade-mark infringement and false advertising
  • Counsel for a beer distributor in a successful proceeding brought against a service provider for deceit
  • Acted for a national real estate brokerage in successfully defending a discipline hearing before the Toronto Real Estate Board
  • Advise auditors who were called as Crown witnesses in criminal proceedings for fraud against officers of a public company
  • Advise auditors in responding to investigation and inquiries made by the Institute of Chartered Accountants of Ontario concerning their audit engagements of a public company
  • Counsel for an international accounting firm in defending proceedings against it for negligence in the conduct of its audits
  • Counsel for a major entertainment company in a complex multi-party product liability action
  • Acted for a Fortune 500 company in an action for trade-mark infringement, passing off and copyright infringement
  • Counsel for Nature Conservancy of Canada in a successful application to complete the purchase of an ecologically significant island in Georgian Bay, Ontario
  • Act for a multinational manufacturer and its Canadian distributor of consumer electronics and home appliances on safety incidents relating to allegedly defective home appliances and televisions before the Electrical Safety Authority of Ontario
  • Successfully acted for a U.S. manufacturer of car parts in opposing the plaintiffs’ motion to add the manufacturer as a defendant: Mitusev v. General Motors Corp, 2005 CanlII 32205 (ON SC)
  • Counsel for a public start-up mining company in a successful application for an injunction restraining certain directors who engaged in self-dealing transactions from exercising their rights as directors
  • Acted for a telecommunications company in successfully opposing a motion to enforce an alleged settlement agreement: Shaw Cablesystems Limited v. Persona Communications Inc., 2007 CanLII 47157 (ON SC)
  • Counsel for a franchisor in actions against it for alleged breaches of the disclosure obligations under the Arthur Wishart Act (Franchise Disclosure), 2000
  • Counsel for a manufacturer of airplane commutators in a successful application for an injunction restraining a former consultant from misappropriating confidential and proprietary information
  • Counsel to a CEO of a public company in responding to an investigation by Staff of the OSC into alleged insider trading
  • Counsel in a significant contract interpretation decision:  Hi-Tech Group Inc. v. Sears Canada Inc., 2001 CanLII 24049 (ON CA)
  • Acted for a manufacturer of flavour enhancers in defending a class action for price fixing

Speaking Engagements

  • Speaker, CASL’s Private Right of Action – Class Action Goldmine or Proxy for the Regulator?, IT.CAN Teleconference Roundtable, April 2017
  • Speaker, The New Private Right of Action Preparing for Uncertain Times - What's Trending Now in Digital Advertising & Marketing Law Seminar, February 2017
  • Keynote Speaker,  The New Private Right of Action under CASL – Preparing for Uncertain Times -  Canadian Institute’s annual Ad Law Conference, January 23, 2017
  • Speaker, Liability of Canadian Mining Companies for Foreign Operations (The Shifting Landscape) -  180 on Mining Law hosted by The Commons Institute, February 2015
  • Speaker, Jurisdiction and Jurisdictional Challenges, January 2015
  • Speaker, Duty to Consult and Accommodate, June 2012
  • Panelist, Risk Management for In-House Counsel, Continuing Professional Development Boot Camp, November 2011
  • Presenter, Appeals, Continuing Professional Development, October 2011

Memberships

  • Member, Canadian Bar Association

Directorships

  • Trustee, Board of Trustees, Trinity College, University of Toronto (2010 – 2016)
  • Chair, Governance Implementation Task Force, Board of Trustees, Trinity College (October 2014 to May 2015)

Education

  • University of Toronto, Trinity College, B.A., 1995
  • Osgoode Hall Law School, LL.B., 1998
Portrait

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