Brendan Clancy

Brendan’s practice spans a broad range of commercial disputes including those relating
to contracts, real property, leases, and construction. He is known for delivering clear,
commercially grounded advice and for managing disputes with strategic discipline and a
strong appreciation for business realities.

Having previously served as in-house counsel at a Fortune 500 company, Brendan
brings a client-side perspective that directly informs his approach to private practice. As
in-house counsel, Brendan worked closely with business leaders across multiple
jurisdictions, and was responsible not only for managing legal risk, but also for
balancing commercial realities, budgets, and strategic priorities.

Brendan has served as a mediator and as an adjunct professor who instructed law
school students on the theory and practice of alternative dispute resolution. Through
this work, he has gained an appreciation for, and an expertise in, resolving matters
outside of the courtroom so as to avoid the delay, and uncertainty of protracted
litigation. Despite Brendan’s interest in alternative dispute resolution, he remains fully
prepared to proceed to trial when necessary.

Prior to his career in law, Brendan was an officer in the Canadian Armed Forces. He
served as a peacekeeper in the former Yugoslavia, and deployed to South-West Asia,
where he earned a commendation from Canada’s Chief of Defence Staff.

Sample Representation Work

• Successfully argued a matter relating to the non-application of government-
  mandated COVID provisions to the termination of a commercial lease
• Successfully argued a matter on behalf of a landlord where a commercial tenant
  sought to break its lease
• Successfully argued a motion for summary judgment, and successfully defended
  the appeal, in a dispute concerning the parking of vehicles on a shared roadway
• Successfully obtained a certificate of pending litigation in a dispute between a real estate developer and a real estate builder, facilitating the ultimate resolution of the matter
• Successfully defended an application for specific performance related to a real estate transaction, and subsequently defended the appeal
• Senior member of a legal team that successfully argued a matter concerning compensation owed to a contractor performing maintenance and rehabilitation of public infrastructure during the final decade of the contract
• Senior member of a team that successfully argued a matter determining whether a public or private entity bore responsibility for development charges associated with the construction of a government facility
• Key member of a team that secured injunctions prohibiting secondary picketing in labour disputes
• Co-counsel in arbitrations concerning the purported wrongful expulsion of professionals from their firms
• Co-counsel in an application for judicial review relating to a labour arbitrator’s interpretation of a collective agreement
• Co-counsel in appeals concerning the wrongful dismissal of employees
• Successfully obtained an injunction prohibiting the seller of a business from covertly operating a competing enterprise contrary to an agreement of purchase and sale
• Successfully brought a motion to strike allegations deemed frivolous and vexatious
• Successfully stayed an appeal to the Court of Appeal for Ontario on the basis that the underlying order was interlocutory
• Successfully opposed a motion for security for costs
• Successfully secured the dismissal of an action commenced outside the applicable limitation period
• Successfully argued a trial involving allegations of defamation and negligence arising from a customer’s alleged wrongful detention
• Successfully defended a two-week trial related to alleged construction deficiencies

Academic Background

Brendan obtained a bachelor’s degree in computer engineering (First Class Honours)
from the Royal Military College of Canada. He later earned his law degree from the
University of Ottawa, graduating Magna Cum Laude and ranking among the top ten
students in his graduating class.

Interests

Brendan is an avid hockey player, having competed at the collegiate level during his
undergraduate studies. He is a rhythm guitarist and lead singer in a local cover band,
and an amateur mixologist.

Languages

Brendan is fluent in English and French.

Professional Affiliations

• Advocates Society
• Ontario Bar Association
• Canadian Bar Association