Ken is trial and appellate counsel in all manner of corporate, commercial and real estate matters. He has represented public and private companies, directors and shareholders, financial institutions, provincial governments, crown corporations, municipalities, public utilities, real estate developers, home builders, insurers, pension funds, major accounting firms, receivers, trustees, executors and beneficiaries.

Ken is recognized as a Leading Practitioner in Corporate Commercial Litigation in the Canadian Legal Lexpert® Directory. His cases involve a wide variety of issues including contract interpretation, commercial leasing, environmental, corporate oppression, winding up, director and officer liability, enforcement of real and personal property security, construction and professional liability.

He acted as counsel in various capacities in the insolvencies of numerous Canadian and international companies.

He has extensive experience in pre-judgment remedies including injunctions, receiverships, seizures before judgment of real and personal property and Anton Pillar orders.

As a member of the Bars of Ontario and Quebec, Ken's education, training and experience is in both the common and civil law systems. He has also appeared before the Newfoundland Supreme Court.

Ken has spoken and written on a variety of business litigation subjects for The Canadian Bar Association, Law Society of Upper Canada, Insight, The Canadian Institute, Association of Certified Fraud Examiners and Association of Forensic Investigators of Canada.

Kenneth Prehogan is known for his uncompromising representation of clients involved in some of Canada's most challenging civil litigation matters. He is the head of the firm's litigation practice.

Ken is trial and appellate counsel in all manner of corporate, commercial and real estate matters. He has represented public and private companies, directors and shareholders, financial institutions, provincial governments, crown corporations, municipalities, public utilities, real estate developers, home builders, insurers, pension funds, major accounting firms, receivers, trustees, executors and beneficiaries.

Ken is recognized as a Leading Practitioner in Corporate Commercial Litigation in the Canadian Legal Lexpert® Directory. His cases involve a wide variety of issues including contract interpretation, commercial leasing, environmental, corporate oppression, winding up, director and officer liability, enforcement of real and personal property security, construction and professional liability.

He acted as counsel in various capacities in the insolvencies of numerous Canadian and international companies.

He has extensive experience in pre-judgment remedies including injunctions, receiverships, seizures before judgment of real and personal property and Anton Pillar orders.

As a member of the Bars of Ontario and Quebec, Ken's education, training and experience is in both the common and civil law systems. He has also appeared before the Newfoundland Supreme Court.

Ken has spoken and written on a variety of business litigation subjects for The Canadian Bar Association, Law Society of Upper Canada, Insight, The Canadian Institute, Association of Certified Fraud Examiners and Association of Forensic Investigators of Canada.

Notable Mandates

Represented Midland Resources Holding Limited in a complex commercial dispute relating to a Russian oil and gas venture, obtaining a judgment of over $46 million for Midland

Represented Canada's former Prime Minister, the Right Honourable Brian Mulroney, in civil litigation with German-Canadian businessman Karlheinz Schreiber and author Peter Newman

Represented the Walkerton Public Utilities Commission at the Public Inquiry into the causes of contamination of the town's drinking water system

Represented public sector employer in litigation involving alleged bid-rigging and employee fraud

Represents leading Canadian and international retailers in corporate, commercial, real estate and leasing litigation

Reported Cases

Corporate and Commercial

Burnac Leaseholds Ltd. c. Greymac Properties (C.A.Q.), [1991] A.Q. No. 241.

James Brady v. Hornby Bay Exploration Limited, (2005), Court File 05-CV-296029.

Canadian Broadcasting Corporation Pension Plan (Trustee of) v. B.F. Realty Holdings Ltd. et al (2000), 18 C.B.R. (4th) 181.

Canbook Distribution Corp. v. Borins, [1999] O.J. No. 492.

Canbook Distribution Corp. v. Borins (1999), 7 C.B.R. (4th) 121; 45 O.R. (3d) 565.

Borsook v. Dorothea Knitting Mills Limited (1994), 16 B.L.R. (2d) 265.

Connaught Laboratories Limited v. Government of Canada (1983), 49 N.R. 332.

Enco Seat Covers Limited v. Bowman, Farber & Ceresney (1993) 8 B.L.R. (2d) 20; 46 C.P.R. (3d) 467.

Evanov v. Burlington Broadcasting Inc. [1997], 29 O.T.C. 102.

Nelma Information Inc. v. Laraya, [1985] O.J. No. 559.

Re Urman (1983), 44 O.R. (2d) 248; 3 D.L.R. (4th) 631.

Schwenke v. Fortune Financial Management Inc.; [1998] O.J. No. 497.

Schreiber v. Mulroney, (August 3, 2007), [2007] O.J. No. 3040 ; 2007 CarswellOnt 5033, (Ontario Superior Court of Justice).

Schreiber v. Mulroney, (August 15, 2007), [2007] O.J. No. 3459 ; 2007 CarswellOnt 5808, (Ontario Superior Court of Justice).

Schreiber v. Mulroney, (August 24, 2007), 2007 CarswellOnt 5267 ; [2007] O.J. No. 3191, (Ontario Superior Court of Justice).

Schreiber v. Mulroney, (October 11, 2007), 2007 CarswellOnt 6505 ; 2007 WL 2985457, (Ontario Superior Court of Justice).

Schreiber v. Mulroney, (December 20, 2007), 2007 CarswellOnt 8274 ; [2007] O.J. No. 4997, (Ontario Superior Court of Justice).

SLMsoft.com Inc. v. Rampart Securities Inc. (Trustee of ) [2006], 207 O.A.C. 247.

Real Estate and Leasing

William Ashley Ltd. v. Manufacturing Life Insurance Company and Henry Birks & Sons Inc. (1999), 28 R.P.R. (3d) 105.

Re: Urman, [1983], 44 O.R. (2d) 248 ; 30 R.P.R. 57.

Bartley v. Reilly Estate, [1990] O.J. No. 390.

Bramalea Ltd. v. Canada Safeway Ltd. (1985), 4 C.P.C. (2d) 144; 37 R.P.R. 191.

Glenarin Acres Ltd. v. Royal Bank of Canada, (May 30, 2003), 172 O.A.C. 185.

Regin Properties Ltd. v. Logics Inc. (1994), 33 C.P.C. (3d) 86.

Zinto Properties Ltd. v. Royalbay Investments Ltd. (1998), 113 O.A.C. 352.

Randall v. Walwyn Estate, [1990] 39 E.T.R. 82.

Bank of Nova Scotia v. Rawifilm Inc. et al (1994), 18 O.R. (3d) 743.

Zi-Na Homes Ltd. v. Kaneff Properties Ltd., [1991] O.J. No. 2286.

Hunter's Square Developments Inc. v. 351658 Ontario Ltd. [2002], 62 O.R. (3d) 302 ; 8 R.P.R. (4th) 29.

Hunter's Square Developments Inc. v. 351658 Ontario Ltd. [2002], 60 O.R. (3d) 264; 1 R.P.R. (4th) 245.

Income Trust Co. v. Thatcher, [1994] O.J. No. 3571.

Daniel Ignat Kaneff Holdings Limited v. National Trust Company Limited (1988), 68 C.B.R. (NS) 134.

Tartu College v. Toronto (City), [2007] O.J. No. 4102.

Creditors' Rights

Lynch v. Space-Filte Technologies Inc. [1992] O.J. No. 890.

J.G. Young & Son Ltd. v. Tec Park Ltd. [1999], 48 C.P.C. (4th) 67.

Royal Bank of Canada v. Hussain, [1997] 37 O.R. (3d) 85.

Copp v. Medi-Dent Service, [1991] 3 O.R. (3d) 570.

Quinn v. Marsta Cession Services Ltd. et al., [1982], 34 O.R. (2d)659; 37 O.R. (2d) 373.

J.G. Young & Sons Ltd. v. Gelleny, [2002], 29 C.P.C. (5th) 109. Re: Urman, [1983], 44 O.R. (2d) 248 ; 30 R.P.R. 57.

Injunctions

Bramalea Ltd. v. Canada Safeway Ltd. (1985), 4 C.P.C. (2d) 144; 37 R.P.R. 191.

Glenarin Acres Ltd. v. Royal Bank of Canada, (May 30, 2003), 172 O.A.C. 185.

Rhohar Investments Inc. v. Roth, [1982] O.J. No. 426.

Ontario Realty Corp. v. P. Gabriele & Sons Ltd., [2000] O.J. No. 4459.

Nelma Information Inc. v. Laraya, [1985] O.J. No. 559.

Bella Fife and the Council on Public Affairs v. Ontario Institute for Studies in Education, [1990], Court File 58558/90Q.

Kwik-Kopy Printing Canada Corp. v. Image Plus Graphics Inc. (Receiver of) [1990] O.J. No. 2250.

Quinn v. Marsta Cession Services Ltd. et al., [1982], 34 O.R. (2d) 659; 37 O.R. (2d) 373.

J.G. Young & Sons Ltd. v. Gelleny, [2002], 29 C.P.C. (5th) 109. Daniel Ignat Kaneff Holdings Limited v. National Trust Company Limited (1988), 68 C.B.R. (NS) 134.

Tartu College v. Toronto (City), [2007] O.J. No. 4102

Constitutional

Ontario Realty Corp. v. P. Gabriele & Sons Ltd. (2000) 50 O.R. (3d) 539, 50 C.P.C. (4th) 278.

Construction

TVI (Canada) Inc. v. Halton (Regional Municipality), [1994] 18 O.R.(3d) 295.

Pigott Construction Ltd. v. Halton (Regional Municipality) [1995] O.J. No. 1737.

Fraud

Ontario Realty Corp. v. P. Gabriele & Sons Ltd. et al, [2000] O.J. No. 3270; [2001] O.J. No. 477.

Ontario Realty Corp. v. P. Gabriele & Sons Ltd. [2000] O.J. No. 5721.

Ontario Realty Corp. v. P. Gabriele & Sons Ltd., [2000] O.J. No. 4459.

Bankruptcy, Insolvency and Restructuring

Re: 484030 Ontario Ltd.,[1992] 8 O.R. (3d) 243.

Re: Inland Projects Ltd., [1980], 35 C.B.R. (N.S.) 238.

J.P. Capital Corp. (Trustee of) v. Perez, [1995] O.J. No. 2760.

J.P. Capital Corp. v. Perez (1996), 38 C.B.R. (3d) 301.

Kwik-Kopy Printing Canada Corp. v. Image Plus Graphics Inc. (Receiver of) [1990] O.J. No. 2250.

Ontario (Securities Commission) v. McLaughlin, [1983] O.J. No. 498.

Sumner Co. (1984) v. Triarch Maritimes Inc. (1990), 3 C.B.R. (3d) 209.

T. Eaton Co. (Re) (1999), 12 C.B.R. (4th) 130.

Coopers & Lybrand Ltd v. Sumner Co. (1984) (Trustee of) and Triarch Maritimes Inc., 3 C.B.R. (3d) 209; [1990] O.J. No. 2296.

Insurance

Brockton (Municipality) v. Frank Cowan Co. [2001] I.L.R. I-3905.

Labour

Ontario Realty Corp. v. P. Gabriele & Sons Ltd., [2002] O.J. No. 4267.

Municipal

Ernted Investments Ltd. v. Corporation of the City of Toronto (1989), 44 M.P.L.R. 173.

Region Plaza Inc. v. Hamilton-Wentworth (Regional Municipality), [1990] 12 O.R. (3d) 750.

Criminal Law – Privilege and Privacy

R. v. Eurocopter Canada Ltd. [2001], 67 O.R. (3d) 756.

R. v. Eurocopter Canada Ltd. [2003], 67 O.R. (3d) 763; 233 D.L.R. (4th) 114.

R. v. Eurocopter Canada Ltd. [2004], 71 O.R. (3d) 27 ; 185 C.C.C. (3d) 104

Professional Responsibility

Simanic Developments Inc. v. Weir, (March 2, 1993), [1993] O.J. No. 504 ; 1993 CarswellOnt 2869, (Ontario Court, General Division).

Canbook Distribution Corp. v. Borins (1999), 7 C.B.R. (4th) 121; 45 O.R. (3d) 565.

Sports

Fobasco Ltd. v. Cogan et al, [1990] 72 O.R. (2d) 254.

Tax

Landsman Estate v. Minister of National Revenue (1984), 54 N.R. 150; 17 E.T.R. 285.

Publications

"Court of Appeal Affirms Full Indemnity Costs Award", October 2017

"The Intersection Between Form and Substance in Corporate Law", WeirFoulds LLP, December 2016 (with Scott McGrath)

"Case Commentary: Ontario Court of Appeal Delivers Stern Message to Employers Who Mistreat Employees with Disabilities", WeirFoulds LLP, July 2016

"Case Commentary: Supreme Court Tightens Standard of Review for Contract Interpretation", WeirFoulds LLP, May 2016

"Warning Signals", Law Society's Safeguarding Real Estate Transactions, November 14, 2007

"Corporate self-dealing – the right way and the wrong way", CA Magazine, Fraud Column, November 2007

"Understanding Non-Monetary Remedies in the Commercial Context", Canadian Institute's Advance Forum on: Litigating Commercial Remedies, What You Need to Succeed: Tips and Strategies for Maximizing Results, May 30, 2007

"A Microscopic Look at your Forensic & Investigative Reports, 9th Annual Fraud Conference & Workshop, Association of Certified Forensic Investigators of Canada, May 8, 2007

"Trading Places – Issues in Assignment, Subletting and Change of Control", International Council of Shopping Centres, Law Conference, March 4, 2004

"Certificates of Pending Litigation: What's New", The Law Society of Upper Canada, Gravel to Gavel IV, New Developments in Real Estate Litigation, November 27, 2002

"Civil Nuclear Weapons", Association of Certified Fraud Examiners, 1998

Speaking Engagements

In the Eye of the Storm – The Latest Litigation News and Developments for Corporate Counsel, Insight Corporate Counsel Forum - February 25 - 26, 2008

Safeguarding Real Estate Transactions, Mitigating the Risk of Litigation, Law Society, November 14, 2007

"A Microscopic Look at Your Forensic & Investigative Reports", 9th Annual Fraud Conference & Workshop, Association of Certified Forensic Investigators of Canada, May 8, 2007

"Understanding Non-Monetary Remedies in the Commercial Context", The Canadian Institute's Litigating Commercial Remedies conference, March 27, 2007

"Civil Roads to Recovery", 7th Annual Fraud Conference & Workshop, Association of Certified Forensic Investigators of Canada, May 9, 2005

"Trading Places – Issues in Assignment, Subletting and Change of Control", International Council of Shopping Centres, Law Conference, March 4, 2004

"Commercial List – An Insider's Report" Metro Toronto Lawyers Associate – Nutshell Seminar, June 4, 2003

"Certificates of Pending Litigation: What's New", The Law Society of Upper Canada, Gravel to Gavel IV, New Developments in Real Estate Litigation, November 27, 2002

"Civil Roads to Recovery", Association of Certified Fraud Examiners, Toronto Chapter, Fraud Chapter, January 19, 1998

"Landlords and Security in the Property of Commercial Tenants", Canadian Bar Association, Concepts in Collision: Security in Real and Personal Property for the Real Property and Insolvency Practitioner, June 6, 1996

"Commercial Lease Defaults", Canadian Institute, October 5, 1992

Awards & Recognition

Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory

Affiliations

Advisor, The Law Society of Upper Canada, Coach and Advisor Network (CAN)

Ontario Bar Association

The Advocates' Society

Osgoode Society for Continued Legal History

Toronto Lawyers Association

Member of Executive Committee and Board of Directors, Israel Cancer Research Fund

Partner*

Toronto
Direct 416.947.5028
Fax 416.365.1876
kprehogan@weirfoulds.com
* Partner through a professional corporation

Practice Areas

Litigation
Called to the Bar
Ontario (1980)
Quebec (1976)
Education
McGill University
LL.B. 1978

McGill University
B.C.L. 1975

McGill University
B.Comm. 1972

Languages
  • French
Awards & Recognition
Recognized as a leading practitioner in the 2016 Canadian Legal Lexpert® Directory
Affiliations

Advisor, The Law Society of Upper Canada, Coach and Advisor Network (CAN)

Ontario Bar Association

The Advocates' Society

Osgoode Society for Continued Legal History

Toronto Lawyers Association

Member of Executive Committee and Board of Directors, Israel Cancer Research Fund

Called to the Bar

Ontario (1980)
Quebec (1976)

Education

McGill University
LL.B. 1978

McGill University
B.C.L. 1975

McGill University
B.Comm. 1972

Languages

  • French