Associate Counsel

Alfonso Nocilla

About

Alfonso has a broad background in commercial law, with emphasis on negotiating and drafting complex commercial agreements in the areas of franchising, licensing and distribution, as well as in cross-border transactions. He has advised dozens of Canadian, US, European and other foreign clients of all sizes and across a wide range of industries on their operations and transactions in Canada, and has particular experience advising US-based clients on cross-border expansion into Canada.

Alfonso is also an Assistant Professor at Western’s Faculty of Law, where he teaches and researches in the areas of commercial law, contracts and insolvency.  Previously, he was a Visiting Professor and Catalyst Capital Fellow at Western, as well as a Research Fellow at the School of Law at the University of Florence in Italy.  His award-winning research has been published in leading scholarly journals, reprinted in various editions of law school textbooks, and cited favourably by several courts across Canada.  His comments on legal cases and developments have appeared in The Globe and Mail and Canadian Press, among other media.

Alfonso received his J.D. from Queen’s, where he ranked first in a number of courses and served a 2-year term on the university’s governing Board of Trustees.  He completed his Ph.D. in Law at University College London in the U.K., supported by a Doctoral Fellowship from the Social Sciences and Humanities Research Council of Canada.

Experience

Commercial Law, Franchise Law

Member, Law Society of Ontario
Member, Canadian Bar Association
Member, Ontario Bar Association

“Ipso Facto Clauses and the Limits of Freedom of Contract in Insolvency: Capital Steel v Chandos Construction” (2019) 62 Canadian Business Law Journal 337-350 [invited].

(with Vern DaRe), “The Trouble with Pre-Packs”, in Janis P. Sarra et al., eds., Annual Review of Insolvency Law 2018 (Toronto: Thomson Reuters, 2019) 621-640.

(with Rizwaan J. Mokal and Nigel J. Balmer), “Contractualised Distress Resolution in the Shadow of the Law: United Kingdom National Findings” (European Commission, 2018).

“Asset Sales and Secured Creditor Control in Restructuring: A Comparison of the UK, US and Canadian Models” (2017) 26:1 International Insolvency Review 60-81 [winner of 2015 Ian Strang Founders’ Award from INSOL International].

“The Assignment of Franchise Agreements in Bankruptcy: Concerns For Franchisors” (2013) 17:3 Franchise and Distribution (Federated Press) [invited].

Defense of chiropractors and physicians against allegations of malpractice and allegations of disciplinary infractions.

Prosecution and defense of franchise litigation on behalf of franchisors, master franchisors, developers, and franchisees.

Prosecution and defense of claims related to investment services.

Prosecution of claims related to mining interests and projects.

Defense of lawyers against allegations of negligence in the provision of legal services.

Defense of insurers on accidental death and disability claims.

Prosecution and defense of claims involving real estate disputes.

Prosecution and defense of contract claims in manufacturing, communications and financing contexts.

Defense of a claim relating to flooding and resulting damage to ongoing construction of a hydro-electric facility.

Prosecution of a claim relating to fire loss in a manufacturing context.

Defense of a personal injury claim arising from a major chemical escape from a manufacturing facility.

Defense of Federal Court actions brought on behalf of copyright holders against distributors of television programming nation-wide.

Representation of distributors of television and audio programming in Copyright Board proceedings held to fix royalty rates for distribution of copyrighted material.

Appellate and judicial review proceedings in the Federal Court (Appeal Division) relating to decisions of the Copyright Board of Canada and the Canadian Radio-Television and Telecommunications Commission.

Representation of a telecommunications provider in contractual disputes with other telecommunications providers.

Defense of a class action relating to the provision of internet services.

Application for and execution of civil search and seizure orders in the context of software piracy cases.

Representation of members of Canada’s first nations communities in disputes with industry and government in the context of resource development and environmental issues.

Judicial review of a decision of the Chief of the Defense Staff.

Ph.D (Law), University College London, 2019
LL.M., University of Western Ontario, 2011
J.D., Queen’s University, 2010
B.A., University of Toronto, 2007

Ontario, 2012

English
French

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