Mr. Phelan’s experience and expertise is in public law and regulatory/commercial affairs with particular experience in competition law, intellectual property, indigenous disputes, class action disputes, transportation law, environmental disputes, labour/human rights, access to information and privacy and investigations. He has been involved in numerous matters involving federal laws and regulations and has dealt with major federal tribunals, federal regulatory departments, government agencies, government contracting, federal policy making and legislative enactments.
In 2003, Mr. Phelan was appointed a Justice of the Federal Court, and ex officio, member of the Federal Court of Appeal, and then a Judge of the Court Martial Appeal Court of Canada in 2004. He was a judicial member of the Competition Tribunal from 2005 to 2012 and was re-appointed for a further term in 2016 until his retirement from the Bench this year.
Prior to his appointment to the Bench, Mr. Phelan was a Senior Litigation Partner and Managing Partner at Ogilvy Renault (now Norton Rose Fulbright Canada) from 1999 to 2003. From 1985 to 1999 he was a Partner at Osler, Hoskin & Harcourt in Ottawa.
Mr. Phelan earned his B.A. at Loyola College in Montreal and his LL.B. at Dalhousie University Law School. He was called to the Bar of Ontario in 1973.
In addition to his advisory work, Mr. Phelan will be supporting clients in litigation by way of advising on litigation strategy, strategic review of draft submissions, conducting witness preparation and mock trials.