Kayla Theeuwen is a senior associate in the Commercial Litigation Practice Group and Chair of the Caribbean Practice Group at WeirFoulds LLP.

Kayla helps clients resolve complex commercial and multi-jurisdictional disputes in Canada, Central America and the Eastern Caribbean.

Kayla has litigated and advised clients on a wide range of matters, including those involving urgent injunctive relief, corporate disputes concerning shareholder rights and duties of directors, challenges to restraint orders made pursuant to criminal mutual legal assistance treaties (MLATs), forensic investigations, the enforcement of judgments and arbitral awards, and complex offshore trusts and estates litigation. She has also acted as counsel on constitutional matters in the Caribbean.

Kayla appears before the Ontario Superior Court of Justice, the Eastern Caribbean Supreme Court and the Eastern Caribbean Court of Appeal.

As part of her litigation practice, Kayla assists a wide variety of clients with their offshore and correspondent banking needs, including economic substance and conducting or responding to enhanced client due diligence.

Kayla received her Juris Doctor from the University of Ottawa in 2014, and her Legal Education Certificate from the Norman Manley Law School in Kingston, Jamaica in 2019. She is called to the Bars of Ontario, the British Virgin Islands, St Kitts & Nevis and Grenada.

Litigated the discharge of extra-territorial freeze orders registered in the Eastern Caribbean pursuant to anti-money laundering legislation and advised on Mutual Legal Assistance Treaty (MLAT) enforcement, and treaty rights and obligations in these areas.

Challenged a worldwide Mareva injunction obtained by a Singaporean corporation against an African sovereign in BVI, and advised on how to resist the registration and enforcement of the injunction in Canada and the UK.

Successfully set aside a Mareva injunction obtained by a Singaporean corporation against an African sovereign in Ontario, Canada. Leave to appeal was denied by the Supreme Court of Canada.

In an urgent appeal before the Eastern Caribbean Court of Appeal, successfully discharged an ex parte injunction restraining the construction of a luxury beachfront hotel in St Kitts and Nevis.

Retained to register and enforce a UK judgment for over US$40 million in Ontario. The litigation settled prior to enforcement proceedings.

Acted for one of Belize’s leading contractors in a dispute with a Central Bank-regulated financial institution about provisioning and reserve ratios involving multi-million-dollar loan facilities.

Successfully resisted an award of damages sought against a broadcasting company in a constitutional matter in the Eastern Caribbean involving access to public airtime during an election.

Represented a government employee in an Eastern Caribbean country who faced disciplinary charges for exercising her Constitutional right to freedom of conscience and religion in the workplace. After appearing at several disciplinary hearings, successfully obtained an accommodation for the employee from her employer.

Assisted with the settlement of a multi-million dollar trust in the BVI, which involved drafting and reviewing various trust documents, sourcing an institutional trustee, and engaging in enhanced due diligence.

Acted against Canada’s major music publishers in a private action before the Canadian Competition Tribunal, and successfully advanced a novel claim involving the intersection between intellectual property law and competition law.

Brought a private action before the Competition Tribunal (which reached the Federal Court of Appeal) against a competitor regarding a dispute involving digital marketplaces for online vehicle advertisements.

 

  • Midland Resources Holdings Ltd (a British Virgin Islands Company) v Bokserman et al, 2021 ONSC 3762
  • Midland Resources Holdings Ltd (a British Virgin Islands Company) v Bokserman et al, 2021 ONSC 3077
  • St. Kitts-Nevis-Anguilla National Bank v KHT Land Holdings Limited, SKBHCV2020/0013, [2021] ECSCJ No. 512
  • The Attorney General of Grenada v Muhammed Ehsan, GDAHCVAP2019/0020, [2020] ECSCJ No 389
  • Elliott v Montemarano, 2020 ONSC 6852
  • Liburd et al v the Attorney General of St Christopher and Nevis and ZIZ Broadcasting Corporation Ltd, SKBHCV2020/0090, [2020] ECSCJ No. 360
  • Tribecca Finance Corporation v Tabrizi, 2018 ONSC 2577
  • CarGurus, Inc. v Trader Corporation, 2017 FCA 181
  • Recognized by Best Lawyers in Canada: Ones to Watch as an upcoming leading practitioner in Corporate and Commercial Litigation
  • MBM Intellectual Property Law Scholarship for academic excellence
  • McMaster University (Senate) Scholarship for academic excellence
  • McMaster University Honour Award
  • Volunteer with Pro Bono Ontario’s Law Help Centre and Free Legal Advice Hotline
Called to the Bar
  • Ontario (2015)
  • British Virgin Islands (BVI)
  • St. Kitts and Nevis
  • Grenada

Education
  • J.D., University of Ottawa, 2014
  • Legal Education Certificate, Norman Manley Law School, Jamaica
  • B.Sc (Hons), McMaster University, 2010
Affiliations
  • Canadian Bar Association
  • Ontario Bar Association
  • The Advocates' Society
  • Toronto Lawyers Association
  • Commonwealth Lawyers Association

Community Involvement

  • Girls E-Mentorship: Scholarship Committee Member
  • WeirFoulds Women: Co-lead, Girls E-Mentorship partnership; Co-lead, Dress for Success Toronto’s Bay Street Suit Challenge
  • WeirFoulds EDI Committee: Chair, Hiring Subcommittee; Chair, External Statements Committee
  • McMaster University: Alumni Advisor

Speaking Engagements

Speaker, "Social Media and the Practice of Law: Opportunities and pitfalls in the use of social media while practising law", Litigating in the New Normal: What’s Next, WeirFoulds LLP, Online, November 30, 2021
Speaker, "Enforcing Foreign Judgments and the Reach of Canada’s Courts", Institute Across Borders: Legal Issues and Best Practices for Ontario Lawyers from Around the World, Ontario Bar Association, Online, November 10, 2021
Speaker, "How Do I Get That Tweet Admitted: Litigating in the Age of Social Media", Virtually Together Conference, OECS Bar Association, Online, September 17, 2021
Speaker, “Law and Borders”, Ryerson University Law and Business Student Association, Webinar, August 11, 2021
Speaker, "EDLS Workshop on Remote Hearings", Eugene Dupuch Law School, Online, January 15, 2021
Speaker, “Have Zoom, will… practise? Not so fast…”, Organization of Commonwealth Caribbean Bar Associations (OCCBA), 29 October 2020
Speaker, “Law and Borders: A Discussion on International Business Law, From Canada to the Caribbean”, Ryerson University Law and Business Student Association, Webinar, July 15, 2020
Presenter, "Technology, Insider Trading and Client Confidentiality: Managing your Professional Obligations", Jamaican Bar Association (JAMBAR), Kingston, Jamaica, May 18, 2019
Moderator, "Is Arbitration the Future of Dispute Resolution?", WeirFoulds, May 7, 2018
Panelist, "Choice of Law and Choice of Jurisdiction Clauses", WeirFoulds Beware of Boilerplate Seminar, May 1, 2018

Legend: GeneralLitigationPropertyCorporateGovernment

Legend: GeneralLitigationPropertyCorporateGovernment

Legend: GeneralLitigationPropertyCorporateGovernment

Papers

“Litigation & Dispute Resolution module”, Lexis Practice Advisor Canada, September 2017 (with Marie-Andrée Vermette, Anastasija Sumakova, and Megan L. Mah)

“Has Reasons Review Risen Again?” with Raj Anand, published in the Regulatory Boards and Administrative Law Litigation journal – Volume XII, No.2, 2015