Kayla Theeuwen is an associate in the litigation practice group at WeirFoulds LLP.
Kayla is part of a team that specialises in resolving 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. Kayla also 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. Prior to law school, Kayla attended McMaster University where she graduated summa cum laude from the Honours Bachelor of Science program.
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.
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.
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.
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.
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.
Successfully set aside an ex parte Mareva injunction which restrained our client from dealing with assets in relation to a dispute grounded in Ontario’s Environmental Protection Act.
Acted for a veterinarian located in Thailand in the successful resolution of an employment dispute with a large Canadian charitable organization.
- MBM Intellectual Property Law Scholarship for academic excellence
- McMaster University (Senate) Scholarship for academic excellence
- McMaster University Honour Award
- WeirFoulds co-ordinator, Dress for Success Toronto, Bay Street Suit Challenge (2018-2019)
Called to the Bar
- Ontario (2015)
- British Virgin Islands (BVI)
- J.D., University of Ottawa, 2014
- Legal Education Certificate, Norman Manley Law School, Jamaica
- H.B.Sc (Hons.), McMaster University, 2010
- American Bar Association
- Canadian Bar Association
- Ontario Bar Association
- The Advocates' Society
- Toronto Lawyers Association
“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