Malcolm Mercer is a partner in McCarthy Tétrault's Litigation Group with over twenty years experience. Mr. Mercer also acts as our General Counsel and is the former co-leader of our National Litigation Practice.
Mr. Mercer maintains a civil litigation practice with an emphasis on commercial, corporate, real estate, insolvency matters and professional negligence. Representative engagements include:
· 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.