Mr. Ship's litigation practice focuses on complex commercial disputes and professional liability. He has appeared as counsel before all levels of court in Ontario, the Supreme Court of Canada, and various arbitral panels and statutory tribunals.
Mr. Ship writes extensively on legal issues affecting the franchise and distribution sectors. His articles appear in industry and scholarly publications and he regularly advises clients on developments in franchise and distribution law. Mr. Ship is also an active member of the firm's franchise disputes group and has litigated a number of significant cases in this area.
Prior to joining McCarthy Tétrault, Mr. Ship clerked for several Justices at the Ontario Court of Appeal. Since 2007, he has served as the Assistant Editor of the Canadian Business Law Journal. Mr. Ship received an Honours BA (with high distinction) and a JD (with honours), both from the University of Toronto, in 2004 and 2007. He is a member of the Law Society of Upper Canada, the Canadian Bar Association and the Advocates' Society.
Some of Mr. Ship's notable cases include:
· Commissioner of Competition v. Visa Canada Corp.[ongoing] (Competition Tribunal proceeding; allegation of resale price maintenance in complex distribution networks)
· Tetefsky v. General Motors Corp. [ongoing] (class action proceeding against distributors and manufacturers alleging anticompetitive conduct in cross-border product distribution)
· Labatt Brewing Co. v. NHL Enterprises Canada (2011), 86 B.L.R. (4th) 190, ONCA 511, 282 O.A.C. 151, 106 O.R. (3d) 677, ONSC 5652 (successful appeal and rehearing in three-party dispute under long-term performance contract)
· Stoneleigh Motors Limited et al. v. General Motors of Canada Limited (2010), 71 B.L.R. (4th) 271 (complex multi-party franchise proceeding; successful defence of stay and severance motion)
· R. v. Sinclair; R. v. McCrimmon; R. v. Willier, 2010 SCC 35, SCC 36, SCC, 37 (trilogy of constitutional cases in the Supreme Court of Canada)
· Kipfinch Developments Ltd. v. Westwood Mall (2010), 65 B.L.R. (4th) 198 (C.A.) (commercial appeal addressing quantum of damages for lost business opportunity)
· Galustian v. The SkyLink Group (2010), 85 C.P.C. (6th) 132 (S.C.J.), ONCA 645 (C.A.) (complex international contract dispute; successful motion to dismiss)
· 1323257 Ontario Ltd. v. Hyundai Auto Canada Corp (2009), 55 B.L.R. (4th) 265 (franchise termination proceeding; successful motion for interlocutory injunction)
· R. v. Ashkewe (2007), C.C.C. (3d) 423, 154 C.R.R. (2d) 317 (successful defence at trial)
Some of Mr. Ship's notable publications include:
· Strict Liability Under Franchise Legislation Requires Meticulous and Redundant Disclosure Practices, Can. Corporate Counsel Assoc. Magazine [forthcoming, February 2012] (coauthored)
· Specific Performance of Franchise and Distribution Agreements in Canada (2012) Advocates' Quarterly [forthcoming, March 2012]
· Strict Liability and Statutory Rescission of Franchise Agreements in the Ontario Court of Appeal (2012), 52(2) Canadian Business Law Journal [forthcoming, February 2012]
· Unilateral Assignment of Franchise Agreements in Bankruptcy (2012), 24(3) Banking & Finance Law Review [forthcoming, June 2012] (coauthored)
· Restrictions on Unilateral Termination of Franchise Agreements (2010), 49(1) Canadian Business Law Journal 113 (coauthored)
· The Primacy of Expectancy in Estoppel Remedies (2009), 46(1) Alberta Law Review 77