Ben Flanagan
Partner
Ben Flanagan
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Office Toronto
- Phone 647 805 8464
- Fax 647 689 3706
- [email protected]
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Legal Administrative Assistant
Christina Shuhaibar
647 805 8468
[email protected]
Profile
Ben is a cyber incident response lawyer and one of DWF’s global leaders in breach response, advising organisations and insurers on complex cybersecurity events across multiple jurisdictions. He plays a central role in the firm’s global cyber practice, with a focus on expanding capability and supporting high-performing teams across key markets. Ben has acted as breach counsel in more than 1,000 cyber incidents, including ransomware attacks, business email compromise and funds transfer fraud. He is trusted to guide clients through fast-moving, high-stakes situations, delivering practical, time-critical advice that addresses legal, regulatory and reputational risk in real time.
He has acted for organisations ranging from SMEs to large multinationals across a wide range of sectors, including financial institutions, construction, healthcare, public sector and government bodies, marine and cargo, and professional services – including other leading law firms.
Ben’s practice includes advising on claims arising from cyber events and pursuing recovery strategies following payment fraud, ensuring clients are positioned effectively from the outset of an incident through to resolution. His litigation experience informs a pragmatic, risk‑focused approach to incident response and strategic decision-making. Beyond active incidents, Ben supports organisations in strengthening resilience through incident response planning, tabletop exercises and compliance with local privacy laws.
Ben is also an experienced trial and appellate lawyer. He continues to maintain a complex litigation practice.
He is called to the bar in Ontario, Alberta and British Columbia, and holds a Certificate in Cybersecurity from York University.
Expertise
- Administrative Law
- Class Action
- Commercial Litigation
- Construction
- Coverage
- Cyber, Privacy and Data Protection
- Environmental Disputes
- Incident Response Planning & Preparedness
- Insurance Law
- Payments & Fund Transfer Fraud
- Privacy / Regulatory
- Public Liability
Education
Certificate in Cyber Security, York University, 2021
J.D., University of Alberta, 2012
B.A., (Physical & Biological Anthropology), University of Alberta, 2008
Professional Memberships & Affiliations
Called to the British Columbia Bar in 2020
Called to the Alberta Bar in 2017
Called to the Ontario Bar in 2013
Representative Cases
- Cox v. Swartz Estate, 2023 BCSC 1363; Successful trial judgment where Ben represented the Insurance Corporation of British Columbia. Its driver was involved in a single-vehicle accident. The Court found there was not sufficient evidence to establish prima facie liability on the part of the driver.
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Cox v. Swartz Estate, 2022 BCSC 1494; This is a mid-trial decision in a case where the plaintiff alleged catastrophic injuries. After closing his case, the plaintiff applied for permission to call additional evidence on liability. Ben successfully argued that the plaintiff should not be permitted to re-open his case and the matter proceeded to closing arguments.
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Northbridge Insurance Corporation v Trinidad Drilling Ltd., 2021 BCSC 836; Ben successfully defended his client at summary trial. The claimant alleged that Ben’s client had failed to obtain adequate insurance on its behalf. Ben successfully argued that there was coverage available under two separate policies of insurance.
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Anglin v Resler, 2020 ABCA 184; Ben successfully defended his client in this matter before the Alberta Court of Appeal. The plaintiff was a former member of the Legislative Assembly, who unsuccessfully ran for re-election in the 2015 provincial election. He alleged that the Chief Electoral Officer interfered in the election and sued the provincial government for various losses. Ben successfully argued that his client is not vicariously liable for the conduct of the Chief Electoral Officer.
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De Vos v Alberta (Transportation), 2020 ABQB 234; Ben successfully argued that the plaintiff’s claim against his client should be struck on the basis that his client did not owe the plaintiff a duty of care.
- Edmonton Police Service v Alberta (Privacy Commissioner), 2020 ABQB 10; In this access to information request matter, Ben successfully argued that certain documents were protected by solicitor-client privileged and that the Alberta Privacy Commissioner erred in ordering his client to produce them.
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Trach v Alberta (Transportation Safety Board), 2020 ABQB 21; Ben successfully defended his client in a claim by a lawyer whose driver’s licence had been suspended.
- Wang v Alberta (Justice), 2019 ABCA 507; Ben successfully argued that all of the appellant’s grounds of appeal should be dismissed in this case. The appellant had sought $4 million in damages from Ben’s client for negligence and wrongful dismissal.