- Appellate Litigation
- Corporate Commercial Litigation
- Securities Litigation
|Mailing Address||Suite 5300, TD Bank Tower, Toronto Dominion Centre, Toronto, ON, M5K 1E6|
|University ||University of Toronto, B.Sc., Systems Design Engineering, 1977|
|Law School||University of Toronto, LL.B., 1982|
|Memberships ||Law Society of Upper Canada; Canadian Bar Association (Chair, Ethics and Professional Responsibility Committee; Member, CBA Task Force on Conflicts of Interest); Federation of Law Societies of Canada (Member, National Committee on Accreditation). |
Malcolm Mercer is a partner in McCarthy Tetrault's Litigation Group with nearly thirty years in practice. Mr. Mercer also acts as our General Counsel and is the former co-leader of our National Litigation Practice.
Mr. Mercer is a bencher of the Law Society of Upper Canada, Chair of the Ethics and Professional Responsibility Committee of the Canadian Bar Association, a member of the CBA Task Force on Conflicts of Interest and a member of the National Committee on Accreditation of the Federation of Law Societies of Canada.
In August 2014, Mr. Mercer was recognized as one of Canada's Top 25 Most Influential Lawyers by Canadian Lawyer.
Mr. Mercer maintains a civil litigation practice with an emphasis on commercial and corporate matters and professional negligence. Representative engagements include:
•acting in disputes involving confidential commercial information;
•acting for directors and companies with respect to oppression issues and other shareholders rights issues;
•acting for majority and minority shareholders in shareholder disputes in private companies;
•acting in disputes involving banks and bank customers;
•dealing with breach of duty claims against current and departed employees, agents and brokers involved in insurance and mutual fund businesses;
•assisting software companies with respect to software contract and licensing disputes;
•acting for creditors in major CCAA restructurings in various industries;
•advising lenders, developers and owners in respect of significant real estate, development and construction issues;
•advising and acting in respect of allegations of breach of fiduciary duty involving trustees and other fiduciaries; and
•defending professionals in complex negligence actions.
He received his B.Sc., in systems design engineering in 1977, and his LLB from the University of Toronto in 1982. Mr. Mercer was called to the Ontario bar in 1984.
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