Arden has a broad civil litigation practice, with an emphasis on complex commercial and public law disputes, and appeals. He has appeared as lead counsel before all levels of court in British Columbia and Ontario.
Arden has litigated disputes related to contracts, financing arrangements, commercial leases, real estate, shareholder agreements, defamation, insolvency, and copyright. Arden also acts in significant administrative and public law cases involving government liability and constitutional rights. He has represented interveners in a variety of public and constitutional law cases.
Arden is a frequent speaker and commentator on a range of legal issues, including copyright and freedom of expression, and public law.
He received his law degree from the University of Toronto and holds an honours degree in Economics and Political Science from Brown University. Before law school, he was an investment banker in New York.
Arden was called to the Ontario bar in 2012 and to the British Columbia bar in 2015. Prior to joining Arvay Finlay, he clerked at the Ontario Superior Court of Justice, including on the Commercial List. He then practiced for two and a half years at a leading commercial litigation boutique in Toronto, followed by three years at a prominent commercial firm in Vancouver.
Recent representations include:
Defending a documentary filmmaker against copyright infringement claims and successfully appealing an interlocutory injunction on the basis that it infringed the filmmaker’s right to free expression (Vancouver Aquarium Marine Science Centre v. Charbonneau)
Acting for the proponent of a run-of-river hydropower project in proceedings against the provincial government (Greengen Holdings Ltd. v. British Columbia (Ministry of Forests, Lands and Natural Resource Operations))
Acting for a US-based network security company in a dispute with a Canadian telecom provider over a data center sublease (Fortinet Technologies (Canada) ULC v. Bell)
Representing an Intervener in a constitutional challenge to the Ontario Society for the Prevention of Cruelty to Animals Act. The Intervener’s submissions were cited by the Court in endorsing a new principle of fundamental justice under section 7 of the Charter of Rights and Freedoms (Bogaerts v. Attorney General of Ontario)
Representing individuals in a complex dispute concerning the enforceability of a purchase and sale agreement for real property, including a favourable trial judgment (Fritz v. Stilinovic) and the successful dismissal of an application to strike an action (Fritz v. Paton)
University of Toronto (J.D., 2011)
Brown University (B.A. Hons., 2005, Academic All-Ivy)