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Adam
Goldenberg M.S.M.

Associate

Toronto

Contact by email at [email protected]

t. 416-601-8357

1656

Law School

Yale University

Bar Admission

New York, USA, 2015
Ontario, 2015

A trusted advisor to leaders in the public and private sectors, Adam helps clients achieve their strategic objectives in complex disputes. 

Adam’s litigation practice encompasses trial and appellate advocacy in commercial cases, class actions, and public and administrative law matters, as well as in criminal and regulatory proceedings. He has appeared as lead or co-counsel at all levels of court, including in six appearances before the Supreme Court of Canada.

With a record of public service in all three branches of government, and at both the federal and provincial levels, Adam’s advocacy is backed by a deep understanding of judicial, legislative, and regulatory processes. He uses this combination of skills and experiences to achieve successful outcomes for clients in high-stakes litigation and regulatory matters.

His work includes:

APPELLATE LITIGATION 

  • representing the governments of seven provinces and all three territories in an appeal to the Supreme Court of Canada concerning the management of national class actions;
  • acting for the Canadian Chamber of Commerce in an appeal to the Supreme Court of Canada concerning the enforcement of arbitration agreements in proposed class proceedings;
  • representing the Ontario College of Teachers in an appeal to the Supreme Court of Canada concerning student privacy and the interpretation of the voyeurism provisions of the Criminal Code;
  • representing the National Football League in an appeal to the Federal Court of Appeal concerning the jurisdiction of the Canadian Radio-television and Telecommunications Commission to require Canadian broadcasters to show American advertisements during the Super Bowl;
  • acting for public interest organizations in appeals to the Supreme Court of Canada and the Court of Appeal for Ontario concerning freedom of expression, military justice, and administrative law;

COMMERCIAL LITIGATION

  • defending an international financial services company in a $155-million class action alleging breaches of contract and of consumer protection legislation;
  • acting for a national retail chain in a dispute over unpaid inventory;

GOVERNMENT LAW

  • leading McCarthy Tétrault’s partnership with the Canadian Chamber of Commerce to develop the Canadian business community’s position on the regulation of Artificial Intelligence;
  • advising the Department of Justice Canada on the modernization of its approach to legal risk management; and
  • advising corporations, non-profit organizations, and executives on their legal obligations in the political sector, including ethical compliance, conflicts of interest, election finance, political advertising, and lobbying law.

Adam maintains a focus on appeals. He is an Adjunct Professor of Law at the University of Toronto, where he teaches appellate practice and procedure. He previously served as Law Clerk to Chief Justice Beverley McLachlin at the Supreme Court of Canada, and to Justices James MacPherson, Janet Simmons, and Eleanore Cronk of the Court of Appeal for Ontario.

Sought after for his commentary on law and public affairs, Adam’s writing has appeared in the Supreme Court Law Review, the Yale Journal of International Law, and the Michigan State International Law Review, as well as in the Globe and Mail, National Post, Toronto Star, Ottawa Citizen, Slate, Maclean’s, and Policy Options. Adam also appears regularly as a commentator on television (CBC News) and radio (Newstalk 1010).

Adam is the co-founder and a director of Teach For Canada, a non-profit organization that works with northern First Nations communities to recruit, prepare, and support outstanding teachers. He was selected to be an Action Canada Fellow in 2010 and is a member (and former Chair) of Action Canada’s Board of Directors. He was named a “Leader To Be Proud Of” by Start Proud, a national LGBTQ organization, in 2014, and was awarded the Meritorious Service Medal by the Governor General of Canada in 2017.

Born and raised in Vancouver, Adam received his law degree from Yale, where he was a Kirby Simon Human Rights Fellow. He holds an undergraduate degree with high honours from Harvard, where he was a John Harvard Scholar and was elected to the Phi Beta Kappa honour society. He was called to the Bars of Ontario and New York in 2015. He is a member of the Canadian Bar Association, the Ontario Bar Association, the Advocates’ Society, the Criminal Lawyers’ Association, the New York State Bar Association, and the National LGBT Bar Association.

SELECTED CASES

SELECTED PUBLICATIONS AND PRESENTATIONS