Mani Kakkar

Practice Areas

Mani has a broad litigation practice with a focus on class actions and constitutional law. She has advised not-for-profits, government organizations, individuals, and corporations in a number of contexts, including aviation, education, gaming, child-welfare, Indigenous treaty and constitutional rights, media, telecommunications, mining and national security.

Mani has appeared before trial and appellate level courts in Ontario, British Columbia, and New York on complex class actions and constitutional challenges. She has also represented clients at trials, appeals, arbitrations, judicial reviews, and public inquiries.

Career

Throughout her career, Mani has maintained a commitment to advancing the law in the public interest. Before founding Circle Barristers, Mani worked at top tier law firms in New York and Toronto. There, she represented many asylum seekers, victims of international human trafficking, and children escaping violence or war in their home countries as well as multinational corporations and government entities.

Work Highlights

-Niagara Police Services Board v. Shanthakumar et al.: Made oral submissions on behalf of the intervener, the South Asian Legal Clinic of Ontario before the Ontario Court of Appeal, regarding the interpretation of negligence in light of the Charter value of equality.

-Democracy Watch v. Ontario Integrity Commissioner: Represented a coalition of interveners, Animal Justice, British Columbia Civil Liberties Association, and Centre for Free Expression, before the Ontario Court of Appeal, advocating that public interest standing should be granted when the interests of private litigants are misaligned with the public interest.

-Knauff v. Human Rights Tribunal of Ontario: Made oral submissions on behalf of Animal Justice before the Divisional Court regarding the court’s discretion to hear moot cases and why ethical veganism is a creed deserving protection under the Human Rights Code.

-Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions (Hogue Commission): Represented Jenny Kwan MP, a target of foreign interference, by China at the public inquiry into allegations that China, Russia, and other foreign actors may have interfered in the 2019 and 2021 federal elections. Mani cross examined Ministers and high-level bureaucrats, including the Minister of Foreign Affairs, Minister of Democratic Institutions and heads of the intelligence agencies.

-Khorsand v. Toronto Police Services Board: Made submissions on behalf of the South Asian Legal Clinic of Ontario regarding the interpretation of the Air Canada factors (used to determine if a decision is subject to public or private law) in light of the Charter value of equality.

-Davis v. Amazon Canada Fulfillment Services: Represented Amazon in a class action brought by delivery drivers hired directly by Amazon and by third parties seeking unpaid wages on the basis that the drivers were either misclassified as independent contractors or that Amazon was a common employer.

-Kinross Gold Corporation v. Cyanco Company LLC: Represented Kinross in an action seeking declaratory relief regarding the interpretation of a contract for the sale and supply of sodium cyanide (a product used in gold mining and refinement).

-Working Families Coalition (Canada) Inc. v. Ontario Attorney General: Represented the intervener, the Centre for Free Expression, before the Superior Court of Justice and Ontario Court of Appeal with respect to the Ontario government’s use of the notwithstanding clause to pass legislation limiting third party spending on political advertising during an election period despite a violation of the third parties’ right to freedom of speech.

-Leonard et al. v. The Manufacturer’s Life Insurance Company: Represented Manulife against a class action by purchasers of certain Manulife policies seeking damages for breach of privacy. The class action raised novel issues of class action procedure in British Columbia.

Education