Kaley Pulfer

Kaley has more than a decade of litigation experience, ranging from public law to complex commercial disputes. Her practice focuses on libel litigation and defamation matters, Charter and constitutional litigation, labour arbitrations, and employment and human rights law. She has experience representing and providing advice to clients in matters proceeding at all levels of court in Ontario, as well as the Tax Court of Canada, Federal Court and Court of Appeal, and the Supreme Court of Canada. She has also appeared before the Supreme Court of British Columbia and the B.C. Court of Appeal, as well as in arbitrations (labour and commercial) and before the Ontario Human Rights Tribunal.

Prior to joining DMG Advocates in 2023, Kaley practised at a leading national law firm, where she represented individuals, media organizations, and newspapers in libel and free expression cases, provided labour/employment and Charter advice to government agencies navigating the COVID-19 Pandemic and other workplace challenges, and has represented Canada’s largest transit system in litigation relating to the implementation of random drug and alcohol testing. She has also worked closely with clients through secondments at Coca-Cola and Justice for Children and Youth.

Kaley is committed to pro bono work. She helped develop a project to support and provide free legal assistance to young people brought to Canada as children and seeking to regularize their immigration status through Humanitarian and Compassionate Applications. She also regularly represents civil liberties organizations, media groups, journalists, and individuals in important cases, on a pro bono basis.

Libel, Defamation and Free Expression

Kaley has represented and provided advice to journalists and media organizations, such as the Toronto Star, Sing Tao Newspapers, the New York Times, Haaretz, Global News, Bell Canada, and Postmedia Network, in relation to pre-publication issues, libel claims, publication bans, anti-SLAPP motions, and access to information requests. Kaley is also on the Board of the Canadian Media Lawyers Association.

Charter and Constitutional Litigation

Kaley’s work in this area has included cases involving Charter and international human rights to essential healthcare for individuals living in Canada without formal immigration status; free expression litigation for human rights organizations; and the implementation of random drug and alcohol testing and COVID-19 policies in government workplaces.

Kaley has also represented an Ontario company in an appeal under the Tobacco Tax Act, which raises constitutional law issues in relation to the Indian Act and constitutional jurisdiction and paramountcy.

Commercial Litigation

Kaley has represented companies and large financial institutions in breach of contract and negligence claims, both in court and in commercial arbitrations. Kaley has also represented a large multinational corporation in a transfer pricing appeal, and a cannabis company in an accounting dispute.

Other

Kaley represented an interested party in an inquest under the Coroner’s Act, and regularly represents interested parties in seeking leave to intervene (and intervening) in cases at various levels of Court in Ontario and the Supreme Court of Canada.  Kaley is also an elected Member-At-Large of the Canadian Bar Association’s Constitutional and Human Rights Law Section.