Andrew Bernstein

Andrew Bernstein

Toronto: 416.865.7678
Fax 416.865.7380


LLM (Fulbright Fellow), 2003
University of California, Berkeley
LLB (Gold Medalist), 1997
University of Toronto
BComm (FC Honours, Economics), 1994
McGill University

Bar Admissions

Ontario (Treasurer's Medal), 1999


Andrew Bernstein is the practice group leader for Torys’ litigation department. His practice focuses on business law disputes, including intellectual property, commercial and public law matters. A significant portion of his practice involves intellectual property matters, advertising and privacy law.

Andrew maintains an active commercial litigation practice, including considerable experience in class actions, licensing, contract and tort actions. He also has substantial expertise in public law, having acted for both public and private sector clients in administrative hearings, judicial reviews and Charter matters. Andrew also frequently advises and defends traditional and new media clients on defamation and free expression issues.

Andrew is also an experienced appellate lawyer, and has appeared numerous times in Divisional Court, the Ontario and Federal Courts of Appeal, and the Supreme Court of Canada.

Representative Work

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Best Lawyers' Best Lawyers in Canada—Leading lawyer in intellectual property law (2013-2017) and technology law (2015-2017)

Chambers & Partners’ Chambers Canada—Leading lawyer in Canada, intellectual property: litigation (2016-2017)

Chambers and Partners' Chambers Global: World’s Leading Lawyers for Business, The Client’s Guide—Leading lawyer in intellectual property litigation (2008-2016)

Law Business Research’s Who’s Who Legal Canada—Leading lawyer in patents (2013-2016) and life sciences (2014-2016)

Intellectual Asset Management's IAM Patent 1000: The World's Leading Patent Practitioners—Leading lawyer in litigation (2011-2016)

Lexpert/Thomson Reuters' Canadian Legal Lexpert Directory—Leading lawyer in intellectual property and intellectual property litigation (2013-2014)

Law Business Research's Who's Who Legal—Leading lawyer in patent litigation (2014)

Lexpert's Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada—Leading lawyer in intellectual property litigation (2011 and 2013)

Lexpert's Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada—Canadian litigation lawyer to watch (2008-2010)

Lexpert's 2010 Rising Stars: Leading Lawyers Under 40—One of Canada's leading lawyers under 40

Intellectual Asset Management's IAM Life Sciences 250: The World's Leading Life Sciences Patent Litigators—Leading lawyer globally (2010)



Professional Involvement

In 1997 and 1998, Andrew served as a law clerk to Chief Justice Lamer of the Supreme Court of Canada. In 2003–2004, Andrew obtained his LLM at the University of California (Berkeley), primarily focusing on intellectual property law.

Andrew is the past chair of the Canadian Bar Association’s Intellectual Property section, and is currently a director of the Advocates' Society.

Memberships and Affiliations

  • Intellectual Property Section, Canadian Bar Association
  • Information Technology Section, Media and Entertainment Section, Ontario Bar Association
  • The Advocates' Society