Andrew Matheson is a partner in our Litigation Group in Toronto. He specializes in securities litigation, white collar and regulatory defence, and cross-border matters.
Mr. Matheson has diverse advocacy experience, having represented clients at all levels of the Ontario courts and practised complex litigation in New York City for four years. He was recognized as one of Canada's 40 Leading Lawyers under 40 by Lexpert magazine in November 2008.
His recent representative cases include:
•defending the former CEO of Nortel, acquitted of criminal fraud charges
•successful representation of financial institution accused of breaching privacy in the course of anti-money laundering investigation
•securing withdrawal of quasi-criminal charge in relation to alleged property standards violation
•representing GrowthWorks before the Ontario Securities Commission (OSC) in relation to a contested proxy contest
•acting for a major financial institution in connection with an investigation into the failure of the third-party asset-backed commercial paper market
•representing Mason Capital at the OSC hearing concerning Magna International Inc.'s buyout of Frank Stronach's multiple voting shares
•bringing an application before the OSC on behalf of a minority shareholder challenging related party transactions by MI Developments Inc.
•successfully obtaining a motion to dismiss claims against U. S. Steel in a $1.8-billion action brought by ArcerlorMittal Dofasco
•representing Inukshuk Wireless Partnership in dismissal of claims brought by UBS Wireless Services Inc.; and
•successfully defending a financial institution criminally charged with failure to respond to production orders.
From 2003 to 2007, Mr. Matheson worked at Allen & Overy LLP in New York City, where his major matters included the representation of a multinational financial institution and a leading corporate executive. His experience also includes working as an associate at Greenspan & White in Toronto, where he represented clients in criminal and regulatory proceedings. In 2009, Mr. Matheson was recognized as a Litigator to Watch in Lexpert'sGuide to the Leading US/Canada Cross Border Litigation Lawyers in Canada. He is an adjunct professor at University of Toronto Law School, where he teaches Shareholder Activism and advises the Corporate Securities Moot team. He is a co-editor of CCH's Annotated Ontario Securities Legislation.
Mr. Matheson is active in pro bono work, having acted for Guantanamo Bay detainees in habeas corpus litigation and having assisted needy clients in criminal, immigration, commercial and other matters.
Mr. Matheson obtained his BA from McGill University in 1992, with distinction. Upon his graduation from the University of Victoria Law School in 1995, he was awarded the McIntyre Prize for academic excellence, leadership and community involvement. He completed his LLM at Columbia University in 2003, graduating as a Stone Scholar.
Mr. Matheson's publications include:
•Responding to a money-laundering investigation - a Canadian perspective, Financier Worldwide, February 2014 (forthcoming)
•Hot Topics in Cross-Border Securities Litigation, Lexpert, November 2009
•The Globalization of Securities Class Actions, prepared for a panel presentation at the American Bar Association Litigation Section's 2009 Annual Conference in Atlanta, Georgia on April 30, 2009
•Recent OSC Settlements Highlight Increasing Enforcement Risk for Public Company Insiders, client e-Alert published by The Business Law and Litigation Groups, February 13, 2009
•Market MACs, McCarthy Tetrault Co-Counsel: Litigation, Volume 2, Issue 3, November 2008 - February 2009
•The Right to Be Wrong ... Why Should Anyone Be Wrong, McCarthy Tetrault Co-Counsel - Business Law Quarterly, Volume 3, Issue 2, June 18, 2008
•The Cost of Compliance: Production Orders and Who Should Pay, Toronto Lawyers' Association, Vol. 3, No. 1, January 2008
•New in Class Actions: The Kerr v. Danier Leather Decision, Canadian Corporate Counsel Association Magazine, 2008
•My Mistake, Your Mistake or Common Mistake, McCarthy Tetrault Co-Counsel: Litigation, Volume 1, Issue 2, July-October 2007
•A Brief on Guantanamo Bay ... by a Canadian, Ontario Bar Association's Briefly Speaking, August/September 2007
•Why Foreseeable Harm Should Be an Aspect of the Mens Rea of Honest Services Fraud, American Journal of Trial Advocacy, Volume 28:20, Fall 2004
•Available in America: Punitive Damages in Arbitration, International Arbitration Law Review, Vol. 7, Issue 4, August 2004 (with Pamela Rogers Chepiga)
•Rybicki Revives Old Questions About Honest Services Fraud, New York Law Journal, July 19, 2004 (with Michael F. Feldberg); and
•Discipline and Parole, Queen's Quarterly, Vol. 105, Issue 1, March 1998, with Edward L. Greenspan, QC and Ronald Davis.