BENJAMIN D. TINHOLT, B.A. (HONS.), J.D.
Ben got his law degree in 2012 from Western Law School, which may or may not be the best law school in Canada but as of 2019 is the third-most expensive. He was called to the Bar of Ontario in 2013. He also has an honours degree in English literature (with distinction) from Concordia University. Before that, he studied linguistics as an undergraduate at the University of Amsterdam. He completed his articles at WeirFoulds LLP, where he worked for several of Canada's most illustrious commercial and public law litigators. He then spent three years at a Bay Street litigation boutique representing tier-one financial institutions and insurers in first-party litigation, mostly involving fraud. He subsequently worked at two boutique Toronto firms specializing in international securities class actions, antitrust, and insurance defence litigation before working as a general practice litigator in small-town Ontario. He founded Tinholts in 2019 to focus on the work he actually cares about: helping people and companies who need a Bay Street lawyer but can't afford $900 an hour.
Ben currently sits on the Board of Trustees of the Waterloo Region Law Association.
Ben has represented clients in proceedings before the following Canadian courts and tribunals:
- Court of Appeal for Ontario
- Ontario Superior Court of Justice
- Ontario Superior Court of Justice (Commercial List)
- Ontario Court of Justice
- Ontario Municipal Board
- Licence Appeal Tribunal (Ontario)
- Financial Services Commission of Ontario
- Consent and Capacity Board (Ontario)
- Environmental Review Tribunal (Ontario)
- Workers Safety and Insurance Appeals Tribunal (Ontario)
- Small Claims Court (Ontario)
- Landlord and Tenant Board (Ontario)
- Assessment Review Board (Ontario)
- Human Rights Tribunal of Ontario
- Agriculture, Food, and Rural Affairs Appeal Tribunal (Ontario)
His academic articles on criminal law and the social costs of crime have been cited with approval by the Court of Quebec and the Provincial Court of Nova Scotia. In law school, he co-founded and was the inaugural co-editor-in-chief of the Western Journal of Legal Studies, now in its 9th volume. He was also a research assistant to Professor Robert Solomon and worked as a teaching assistant in Healthcare Law and Policy, an undergraduate course focused on liability.
SELECTED MANDATES
Ecocide Litigation
Acted for plaintiff insurance company in subrogated action to recover damages for remediation costs of environmental contamination arising from a chemical spill ; advised corporate directors and officers in proceeding before the Ontario Environmental Review Tribunal with respect to compliance with ministerial orders issued under the Ontario Environmental Protection Act; acted for plaintiff property owners in action against neighbouring manufacturer for damages arising from fuel oil ground contamination; acted for homeowner against property-development corporation which failed to properly maintain and render safe adjacent property.
Libel and Slander Litigation
Acted for lawyer in Ontario slandered by former client; acted for Canadian citizen against political action group that unlawfully posted false information on-line; acted for political activist libelled by members and agents of federal Canadian political party.
Commercial, Securities, and Consumer Litigation
Retained by U.S. plaintiffs' counsel in mass tort action against Johnson & Johnson subsidiary Janssen Pharmaceuticals arising from the deceptive marketing of anti-psychotic drug Risperdal to children, successfully enforced letters rogatory issued by the Los Angeles Superior Court for production of documents by drug-testing lab in Ontario; acted for plaintiffs in $5 million-plus class action under the Ontario Securities Act against reporting issuer for non-disclosure and misrepresentation in the secondary market; acted for plaintiffs in $7 million-plus class action under the Ontario Securities Act against reporting issuer for non-disclosure and misrepresentation in the secondary market; acted for an asset management company in a dispute arising from non-approval by the Toronto Stock Exchange of a $1 million private placement; acted for a shareholder in a dispute arising from the company's refusal to comply with buyout provisions of a universal shareholders' agreement.
Human Rights and Public Interest Litigation
Acted for the applicant in Peart v Ontario (Community Safety and Correctional Services) in the Human Rights Tribunal of Ontario in a case arising from the death of a migrant worker; acted for health services provider in Human Rights Tribunal of Ontario proceeding brought by well-known vexatious litigant; acted for tenant in action against corporate landlord arising from the landlord's high-handed and malicious conduct and violations of the Residential Tenancies Act, 2006.
Nederlanders in Canada
Advocaat geweest voor Nederlandse schuldeiser in rechtzaak tegen Canadese schuldenaar. Ook advocaat voor een Nederlandse bedrijf die eigenaar van een Canadese boerderij is. De zaak gaat over onterecht onroerend goed belasting door de Canadese overheid die een overtreding van de Canadese-Nederlandse inkomstenbelastingverdrag vormt.