Malcolm Mercer is a partner in McCarthy Tétrault’s Litigation Group with thirty years in practice. He also acts as our General Counsel and is the former co-leader of our National Litigation Practice.
Malcolm 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, he was recognized by the Canadian Bar Association with the prestigious Louis St. Laurent award.
He is a director of Pro Bono Law Ontario and the Victorian Order of Nurses Canada.
He 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.