Background
John Marshall is a partner practicing in our Toronto office. John was admitted to the Ontario bar in 1977. He obtained his LLB. from the University of Toronto Faculty of Law in 1975. Prior to that he graduated from the University of Toronto with a B.A.
Areas of Practice
· General counsel practice in commercial and insolvency litigation at all levels of courts and tribunals including Ontario Superior Court, Divisional Court and Court of Appeal, Federal Court of Canada, Supreme Court of Canada, as well as arbitration, mediation and other ADR proceedings.
· Main areas of litigation include banking litigation (e.g. bills of exchange, letters of credit, lender's liability, breach of trust, fraud and receivership matters), corporate and shareholders' disputes, insolvency/reorganization litigation, security enforcement, court and private receiverships and real estate litigation.
Professional Experience
· Acts for financial institutions in defence of lender liability claims for misrepresentation, negligent advice and breach of fiduciary duties relating to commercial loans, limited partnership investments and the like.
· Acts for various banks and trust companies in bills of exchange litigation including fraudulent cheque-kiting schemes, forged endorsements etc.
· Acted for Canadian chartered bank in injunction and trial proceedings involving letter of credit disputes with national banks of Cuba, Iran, Iraq, Tanzania and others.
· Acts as counsel in numerous corporate 'oppression remedy' actions and other shareholders' disputes.
· Represents various financial institutions and other parties in Companies' Creditors Arrangement Act proceedings (e.g. Consumers Packaging Inc., General Publishing, Air Canada, Vicwest Steel and others).
· Represented financial institutions in private and court-appointed receivership proceedings and the reorganization and restructuring of companies in various industries, such as Hepburn Steel, AutoDepot, International Menu Solutions Inc. and others.
· Included in 1998 Euromoney Guide to Leading Commercial Litigation Lawyers.
· Examples of Reported Cases:
- Banco Nacional de Cuba v. Bank of Nova Scotia (1988), 4 O.R. (3d) 100
- Cranberry Cove Tower Inc. v. National Trust Co., [2003] O.J. No. 2862
- SK Properties and Developments Inc. v. Equitable Trust Co. [2003] O.J. No. 2234
- Re: General Publishing Co. [2003] O.J. No. 452
- Re: General Publishing Co. [2002] O.J. No. 2048; [2002] O.J. No. 2270 (Court of Appeal)
- Ball v. Ball, [2002] O.J. No. 1772 (C.A.)
- Hall v. Atto, [2001] O.J. No. 3068
- Alfano v. KPMG Inc. [2000] O.J. No. 1634
- Nesbitt Burns Inc. v. Canada Truscto [2000] O.J. No. 868
- Muscillo Transport v. Bank of Nova Scotia, [1997] O.J. No. 3584
- Neal v. Toronto-Dominion Bank, [1997] O.J. No. 39
- Bank of Nova Scotia v. Guild [1987] O.J. No. 932
Professional and Community Activities
· Canadian Bar Association
· Advocates Society
· INSOL
· Prepared and presented papers for conferences sponsored by the Canadian Bar Association, The Canadian Institute and Insight on various topics including bankers' duties of confidentiality, taking security on corporate shares, fiduciary duties, statutory trusts and priorities and constructive trusts in commercial litigation.
· Publications:
· 'The Relationship Between Bank and Customer: Fiduciary Duties and Confidentiality', Banking & Finance Law Review, 1986-87 vol. 1
· 'Advising Banks in the Context of Litigation', Insight First Annual Acting for Banks Conference, April 1990
· 'Protecting your Interest in Book Debts and Shares', Insight March, 1997
· 'The Priority of Secured Lenders and Crown Claimants After Sparrow', Canadian Institute Third Annual Forum on Banking Litigation, April 1998
· 'Constructive Trusts in a Commercial Context', Canadian Bar Association Conference on Constructive Trusts, April 2001