Rahool P. Agarwal
Associate
Rahool P. Agarwal’s practice focuses on complex civil and commercial litigation, including contractual disputes, shareholder disputes, oppression claims, class actions, energy-related disputes and defamation claims.
Mr. Agarwal also has extensive experience in constitutional law and public law. He has been counsel in cases involving the constitutionality of a safe injection site, the right of a Muslim sexual assault complainant to wear her niqab during cross-examination, discrimination against learning disabled students in the B.C. public school system, the application of state immunity in response to allegations of torture and the requirement that physicians obtain consent to withdraw life support. He has also published academic articles in the Review of Constitutional Studies, the Journal of Parliamentary and Political Law, Charter and Human Rights Litigation and Constitutional Forum.
Mr. Agarwal has argued cases at all levels of court in Ontario, the Québec Court of Appeal and four cases in the Supreme Court of Canada.
Mr. Agarwal is actively involved in our pro bono program. He has represented several clients on a pro bono basis, and also regularly volunteers with Law Help Ontario, a service that provides free legal services to self-represented litigants in civil proceedings.
In November 2011, Mr. Agarwal was named “Young Practitioner of the Year” by the South Asian Bar Association of Toronto.
Year of call
Ontario 2007
Law school
J.D., University of Toronto, 2006
Education
B.Comm., University of Alberta, 2003
Selected client work
Mr. Agarwal has recently acted for the following clients:
- Pharmaceutical innovators, in proceedings related to the Patented Medicine (Notice of Compliance) Regulations
- Electricity distributors, in civil claims relating to the sale and distribution of electricity
- Imperial Tobacco Canada Limited, in a class action involving claims by tobacco growers
- English Bay Batter, in a claim against a fixed-price energy retailer
- The Canadian Association of Critical Care Nurses, in an appeal before the Supreme Court of Canada that will determine whether physicians must obtain consent to withdraw life support (Cuthbertson v Rasouli)
- The International Dyslexia Association, Ontario Branch, in an appeal before the Supreme Court of Canada that considered whether the failure to provide certain educational services to a student with dyslexia constitutes discrimination (Moore v British Columbia)
- The REDRESS Trust, in an appeal before the Québec Court of Appeal that considered whether a foreign state may assert state immunity in response to a civil claim for damages based on the commission of torture (Kazemi v The Islamic Republic of Iran)
- The Barbra Schlifer Commemorative Clinic, in an appeal before the Supreme Court of Canada involving the right of a Muslim female sexual assault complainant to wear her niqab while being cross-examined (NS v Her Majesty the Queen)
- A coalition of professional nurses’ associations, in an appeal before the Supreme Court of Canada involving the constitutionality of the federal government’s failure to approve a safe injection site (Canada v PHS Community Service Society)
- The Legislative Assembly of Ontario, in a planning dispute regarding the impact of a proposed condo tower on the view of the Ontario legislative building
Speaking engagements
- “Intrusion Upon Seclusion: Ontario’s New Tort,” KPMG Lunch & Learn, October 2012.
- “Insights on Insite,” Law Union of Ontario Conference, February 2012.
- “Summary Judgment Motions in Ontario,” Norton Rose Canada LLP, February 2012.
- “Niqab on the Stand,” Osgoode Hall Law School, January 2012.
- “Canada (Attorney General) v PHS Community Services Society,” Ministry of the Attorney General, Administrative Law Practice Group Meeting, December 2011.
- Sixth Annual Conference on Student Publishing in Law, Faculty of Law, University of Toronto, March 2011.
Rankings and recognitions
- 2011 Young Practitioner of the Year, South Asian Bar Association of Toronto
- Goodmans Prize in Administrative Law
- Member of the winning team, Wilson Moot Competition, and top oralist
- Winner of the 2005 Canadian National Debating Championship
Memberships and activities
- Canadian Bar Association
- Ontario Bar Association
- The Advocates’ Society
- Contributing editor, Commercial Litigation and Arbitration Review