Sahil Kesar, Toronto

About Sahil

Sahil maintains a diversified litigation and dispute resolution practice with a focus on domestic and international arbitrations and public market, shareholder and other securities-related disputes, including shareholder activism matters. He has experience in construction litigation, gaming and gambling disputes and advising regulated professionals on licensing and discipline matters. He also advises clients on privacy, data breach and cybersecurity issues, and litigation considerations for corporate transactions.

Sahil represents domestic and international clients, both public and private, in a broad range of industries, including banking and financial services, pharmaceutical, technology, gaming and gambling, mining, construction, retail, cannabis, energy, supply chain, insurance, travel and tourism, and crypto.

Sahil has been involved in matters before the courts of various provinces and territories, as well as the Federal Court, the Tax Court of Canada and the Supreme Court of Canada. He has also assisted on matters before various arbitral, administrative and regulatory tribunals.

Select Experience

Arbitrations

Counsel for a public utility in an application for leave to appeal an arbitration award involving a C$350-million underlying arbitration for construction of a significant energy infrastructure
Counsel for the designer/builder of municipal infrastructure in a C$25-million ICC arbitration
Counsel for a publicly traded biopharma company in a US$30-million ad-hoc arbitration arising from the termination of a CEO following a proxy contest
Counsel for publicly traded biopharma company seeking enforcement of C$3 million
arbitral award and related set-aside application and subsequent appeals

Public Market, Shareholder and Securities-Related Disputes

Counsel for a shareholder in a governance dispute arising from a C$2.15-billion transaction with a publicly traded energy company
Counsel for a publicly traded cannabis company in a C$55-million oppression claim brought by an activist shareholder
Part of the Blakes trial team representing two publicly traded mining companies in a US$12-million claim for an alleged finder's fee and unjust enrichment in connection with a US$240-million purchase of a mining project in South America
Part of the Blakes trial team representing two publicly traded mining companies in a US$12-million claim for an alleged finder’s fee and unjust enrichment in connection with a US$240-million purchase of a mining project in South America
Counsel for the designer/builder of municipal infrastructure in a C$25-million ICC arbitration

Construction Litigation

Counsel for the general contractor of mining infrastructure in a C$35-million lien claim by the subcontractor
Counsel for the general contractor of mining infrastructure in Northern Ontario in a C$9.1-million adjudication under the prompt payment provisions of Ontario's Construction Act
Counsel for a publicly traded mining company in a lien claim by the subcontractor arising from the development of mining infrastructure

Gaming and Gambling

Counsel for a publicly traded gaming operator in a dispute regarding the settlement of wagers
Counsel for a publicly traded gaming operator in a problem-gambling dispute

Professional Regulation

Counsel for various accounting firms regarding licensure and discipline matters
Counsel for various law firms regarding regulatory and commercial matters
Counsel for individuals, corporations and partnerships defending various Ontario Provincial Offences Act prosecutions

Cybersecurity

Counsel for a large public institution following a cybersecurity incident involving compromised email accounts
Counsel for a large financial institution following a cybersecurity incident involving a data breach
Counsel for a regional law firm following a cybersecurity incident involving ransomware

Professional Activities

Sahil is a former director of the South Asian Bar Association (SABA) of Toronto and founder of its Young Lawyers’ Division. He previously sat as the SABA Toronto representative to the Roundtable of Diversity Associations and served as director and secretary of SABA in British Columbia. He was also a member of the Governance and Finance Committee of the South Asian Legal Clinic of British Columbia.

Sahil volunteers for a number of charitable organizations aimed at reducing barriers faced by socio-economically disadvantaged youths.