Andrew Bernstein > Torys > Toronto, Canada > Lawyer Profile


Work Department

Intellectual Property


Andrew provides clients with leading experience, deep knowledge and skilled advocacy to advance their interests in patent and commercial disputes, as well as appellate matters, in all levels of court.

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.


Ontario Bar, 1999


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.

Lawyer Rankings

Canada > Intellectual property

(Leading individuals)

Andrew BernsteinTorys

The Toronto-based IP team at Torys concentrates on lifecycle management for its clients products, providing guidance on potential loss of market exclusivity and responding to IP disputes. One standout recent matter saw IP group chair Eileen McMahon and head of IP litigation Andrew Shaughnessy acting for Horizon Therapeutics in proceedings before the Patented Medicine Prices Review Board concerning allegations of excessive pricing. Andrew Bernstein has extensive litigation experience across all facets of IP, while on the transactional side, coordinator of the group, Edward Fan, is the key contact, honing his focus on the acquisition, exploitation and enforcement of IP. Teresa Reguly is particularly formidable in the biotechnology and medical device industries, and from a strong all-women pool of junior lawyers, counsels Nicole Mantini and Yolande Dufresne are particularly integral to the practice; the former due to her prominent reputation among North American and international pharmaceutical companies and the latter owing to her risk management and regulatory capabilities..