Andrew helps clients involved in numerous types of disputes, including intellectual property, commercial and public law matters. A significant portion of his practice involves patents, copyright, trademarks arising in the life sciences, information technology, media and other industries.
Andrew’s commercial litigation practice includes considerable experience in class actions, licensing, contract and tort actions, frequently advising and defending traditional and new media clients on defamation and free expression issues. He also has a strong track record in public law matters, having acted for both public- and private-sector clients in administrative hearings, judicial reviews and constitutional law cases.
Andrew is an experienced appellate lawyer. He has helped numerous clients navigate difficult appeals before the Ontario and Federal Courts of Appeal, as well as other appellate courts across the country in a wide variety of areas of substantive law, including contracts, patents, copyright, class actions, administrative and constitutional law. He has also argued several appeals before the Supreme Court of Canada.
Sources describe Andrew Bernstein as a ‘very experienced litigator who is very sure of how to put the best foot forward.’ Others comment that he is ‘personable, highly responsive and provides balanced advice.’
—Chambers Canada, 2021
Recognition and Awards
Chambers Canada—Leading lawyer in intellectual property: litigation and litigation: general commercial (Ontario)
Chambers Global—Leading lawyer in intellectual property: litigation
The Legal 500—Leading lawyer in dispute resolution and intellectual property
Benchmark Canada: The Definitive Guide to Canada’s Leading Litigation Firms and Attorneys—Litigation Star (commercial and IP)
LMG Life Sciences—Leading life sciences lawyer in intellectual property
IAM Patent 1000: The World’s Leading Patent Practitioners—Leading lawyer in litigation
Managing IP’s IP Stars—Patent star
Best Lawyers in Canada—Leading lawyer in corporate and commercial litigation, intellectual property law and technology law
Lexpert/American Lawyer’s Guide to the Leading 500 Lawyers in Canada—Leading lawyer in intellectual property, corporate commercial litigation and intellectual property litigation
The Canadian Legal Lexpert Directory—Leading lawyer in intellectual property, intellectual property litigation, corporate commercial litigation, biotechnology, class actions, defamation & media and public law litigation
Who’s Who Legal—Global and National leading lawyer in patents, patent litigation and life sciences
Best Lawyers in Canada—Intellectual property law lawyer of the year (Toronto)
Lexpert/Thomson Reuters’ Guide to the Leading U.S./Canada Cross-Border Corporate Lawyers in Canada—Most frequently recommended in dispute resolution
Andrew is currently the Co-Chair of the Advocates Society’s Appellate Practice Group, which he founded. He has previously been the Chair of the Canadian Bar Association’s Intellectual Property section, a member of the Board of Directors of the Advocates Society and a member of the Board of IT.Can.
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.