Lawyer Profile Detail
Malcolm M. Mercer
AREA OF EXPERTISE
University of Toronto
Malcolm Mercer is a partner in McCarthy Tétrault’s Litigation Group with 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 Law Society Professional Regulation Committee, Past 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 2013, Mr. Mercer was recognized by the Canadian Bar Association with the prestigious Louis St. Laurent award.
In August 2014, Mr. Mercer was recognized as one of Canada’s Top 25 Most Influential Lawyers by Canadian Lawyer.
Mr. Mercer is a director of Pro Bono Law Ontario and the Victorian Order of Nurses Canada.
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.
McCarthy Tétrault congratulates Malcolm Mercer on being listed among Canada’s top 25 most influential lawyers
McCarthy Tétrault General Counsel Malcolm Mercer wins CBA 2013 Louis St. Laurent Award
McCarthy Tétrault Achieves Successful Outcome for Globalive Wireless
Malcolm Mercer Elected Bencher in Ontario
McCarthy Tétrault’s Malcolm Mercer Running for Bencher in Ontario
Transactions & Cases
Canadian Overseas Petroleum completes US$135 million acquisition of Liberia oil and gas Block LB-13 from Peppercoast Petroleum
Canadian Overseas Petroleum sells 80% interest in Liberia Block LB-13 to ExxonMobil
The Supreme Court of Canada dismisses Public Mobile's application for leave to appeal
Shaw Communications completes C$2 billion acquisition of Canwest's broadcasting business
Financial Restructuring of Canwest’s media business
Emerisque Brands UK and SKNL North America complete US$87.9 million purchase of Coppley Apparel under CCAA proceedings