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 patents, trademarks, copyrights and trade secrets, as well as advertising and privacy law.
Andrew also 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.
Chambers & Partners’ Chambers Canada—Leading lawyer in Canada, intellectual property: litigation (2016-2018)
Chambers and Partners' Chambers Global: World’s Leading Lawyers for Business, The Client’s Guide—Leading lawyer in intellectual property litigation (2008-2017)
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada—Leading lawyer in intellectual property litigation (2013-2018)
Lexpert/Thomson Reuters' Canadian Legal Lexpert Directory—Leading lawyer in intellectual property and intellectual property litigation (2013-2017)
Best Lawyers' Best Lawyers in Canada—Leading lawyer in intellectual property law (2013-2018) and technology law (2015-2018)
Best Lawyers' Best Lawyers in Canada—Intellectual property law lawyer of the year (2018) (Toronto)
Law Business Research’s Who’s Who Legal Canada—Leading lawyer in patents (2013-2018) and life sciences (2014-2016)
Intellectual Asset Management's IAM Patent 1000: The World's Leading Patent Practitioners—Leading lawyer in litigation (2011-2016)
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)
Intellectual Asset Management's IAM Life Sciences 250: The World's Leading Life Sciences Patent Litigators—Leading lawyer globally (2010)
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, technology and telecommunications law.
Andrew is currently a director of the Advocates' Society. He is the past chair of the Canadian Bar Association’s Intellectual Property section, where he still serves as co-chair of the CLE committee. He is a past member of the board of University of Toronto’s Law Alumni Association and the Queen West Art Crawl.