Shane C. D'Souza is a partner in our Litigation Group in Toronto. He adopts a practical and results-oriented approach when providing strategic advice in high-stakes disputes that often proceed urgently.
Shane’s national securities litigation practice focuses on securities regulatory matters and litigation, proxy disputes, shareholder disputes, contested M&A/deal litigation, director and officer liability, contested plan of arrangements, appraisal and share valuation remedies, public disclosure issues, insider trading/tipping, market manipulation and broker/dealer liability. His experience includes:
- representing a public company respond to an oppression proceeding commenced in a proxy contest for control of the board of directors
- representing a public company in litigation and regulatory aspects of a proxy contest for control of the board of directors
- representing a financial services institution in a class action seeking damages for trailing fees
- representing a shareholder seeking to enjoin a contested transaction and obtain special meeting relief
- representing a public company respond to regulatory inquiries into disclosure issues
- representing a bidder in litigation and regulatory aspects of a hostile takeover bid
- representing the director and officer of a media public company in a securities class action and regulatory investigation (with parallel US class action) alleging various financial and other disclosure violations
- representing an individual being investigated for alleged insider tipping and trading
Shane has extensive experience in conducting internal investigations for registrants and private, public and not-for-profit companies into potential violations of securities law, anti-corruption and bribery legislation, fraud, other corporate misconduct, and other departing employees matters.
He also has experience in class actions, other commercial litigation, product liability, and professional liability cases.
Shane plays a leadership role in the firm’s thought leadership on blockchain technology. Drawing on his past career as an application developer, he has presented to clients about the application, potential and legal consequences of blockchain technology.
Shane was an Adjunct Professor of Advanced Securities and a member of the teaching team for the Lawyer As Negotiator course at Osgoode Hall Law School. He has spoken at The Directors College, Osgoode Professional Development, The Advocates Society, the Association of Corporate Counsel (Canada) and the Law Society of Ontario on topics relating to corporate governance, directors and office liability, shareholder disputes and securities litigation generally. He has coached law students for the annual Corporate / Securities Law Moot.
Shane is an active contributor to the firm’s Canadian M&A Perspectives and Securities Regulatory Monitor blogs, and has co-authored a chapter entitled “Multijurisdictional and Transnational Class Litigation: Lawsuits Heard 'Round the World” in World Class Actions: A Guide to Group and Representative Actions Around the Globe, published by Oxford University Press.
PRO BONO AND COMMUNITY INVOLVEMENT
Shane is a member of the firm’s National Pro Bono Committee. He manages the firm’s award-winning Unaccompanied Minors Project. This unique pro bono initiative assists minors navigate the refugee process. He also volunteers as a Designated Representative for the Unaccompanied Minors Project and was Duty Counsel at the Small Claims Court. He has contributed to “A Survey of Pro Bono Practices and Opportunities in 71 Jurisdictions” for the Pro Bono Institute since 2012.
Shane volunteers as a mentor with the Osgoode Hall Mentorship Program. He was awarded the Mentor of the Year Award in 2014.
Shane was appointed to the Young Advocates’ Standing Committee from 2014-2016. This standing committee of the Advocates’ Society promotes the interests of advocacy lawyers in their first ten years of practice.
NOTABLE REPORTED CASES
Shane has litigated before all levels of courts in Ontario, in British Columbia and Alberta, the Ontario Securities Commission and other regulators.
- Hemming v. JAZZFM91 Inc., 2018 ONSC 7781 aff’d 2019 ONSC 313 (Div. Ct.), represented activist in proxy contest proceeding against company
- Caldwell Investment Management Ltd. (Re), 2018 ONSEC 50, represented respondent in enforcement proceeding seeking additional disclosure from OSC Staff
- Mayer v. Rubin, 2018 ONSC 5273 and 2018 ONSC 5605, represented litigation guardian in resisting motion to vary the order appointing the litigation guardian
- Nadal (Re), 2018 ONSEC 20, represented respondent in settlement of inter-jurisdictional proceeding
- Paniccia v. MDC Partners Inc., 2018 ONSC 3470, represented defendant in contesting leave to commence secondary market misrepresentation class action.
- Nadal (Re), 2018 ONSEC 9, represented respondent in the first proceeding in which written expedited hearing sought on an application for an inter-jurisdictional order in the OSC’s new procedural rules
- Nordgold (2017), represented acquirer of mining company in dissent and valuation proceeding
- John Hancock Financial Services v. Infinite Media (2017), represented financial services firm in successful injunction to compel access to knowledge management system unilaterally shut down by service provider
- Paniccia v. MDC Partners Inc., 2017 ONSC 7298 and 2018 ONSC 1775, represented defendant in securities class action seeking to narrow definition of Class Members based on jurisdiction arguments
- Samms v. Moola (2017), represented physician defendants at jury trial about allegations of delayed diagnosis of cancer
- Mancinelli v Royal Bank of Canada, 2017 ONSC 87, represented class action defendant seeking to quash pre-certification production of documents from non-parties in the US
- TD Bank, N.A. v Lloyd’s Underwriters, 2016 ONSC 5993, represented bank in responding to motion seeking production of documents subject to solicitor-client, litigation and settlement privilege
- Locking v McCowan, 2016 ONSC 7854, represented trustees in motion seeking certification of class action by unitholders
- Khosroabadi v. TD Canada Trust Branch 241, 2016 ONCA 733, represented bank in responding to appeal from trial decision involving allegations of misrepresentation and breaches of the Bills and Exchange Act
- Grogan v Ontario College of Teachers, 2016 ONSC 6545 (Div. Ct.), represented respondent in defending a member’s appeal from a revocation decision
- TD Bank, N.A. v Lloyd’s Underwriters, 2016 ONSC 4188, represented bank in responding to motion seeking production of documents subject in U.S. to regulatory privilege, banking privacy obligations and protective orders
- Jaguar Financial Corp. v. Alternative Earth Resources Inc., 2015 BCSC 2436; 2016 BCSC 257; 2016 BCCA 193, represented shareholder activist in seeking novel relief under the oppression remedy
- Keatley Surveying v Teranet, 2016 ONSC 1717, represented defendant in summary judgment motion that led to dismissal of copyright class action
- Joyce v MtGox Inc., 2016 ONSC 581, represented bank in class action relating to the theft of bitcoins at Mt.Gox in Japan; court granting relief to prevent attornment to Ontario’s jurisdiction
- Kingsway Financial Services Inc. v. Kobex Capital Corp., 2015 BCSC 2155, 2016 BCSC 460, represented shareholder in litigation alleging the breach of regulatory reporting obligations, take-over regime, and the triggering of a poison pill
- com v. Muskoka Lakes (Township), 2015 ONSC 7944, defended developer against injunction seeking to prevent lease with municipality
- Khosroabadi v. TD Canada Trust, 2015 ONSC 5882, defended bank at trial against allegations of misrepresentation and breaches of the Bills and Exchange Act
- Fine v Botelho, 2015 ONSC 6284, represented physician in motion seeking to consolidate two actions
- Schellings v. DTE Industries Ltd, 2015 ONSC 6469 aff’d 2016 ONSC 687 (Div. Ct.), represented plaintiff in contested motion to amend Statement of Claim for pleading the Sales of Goods Act (Ont.)
- Locking v McCowan, 2015 ONSC 4435, represented defendants in precedent-setting class action certification motion on trustees’ duties to unitholders in REIT context
- Dua v Ontario College of Teachers, 2015 ONSC 5969 (Div. Ct.), represented defendants in dismissing action alleging negligence and breach of various duties
- Keatley Surveying Ltd. v. Teranet Inc., 2015 ONCA 248, represented defendant in class action certification motion
- Behrendt et al v. Milone et al, 2015 ONSC 3468, represented physicians at trial about the alleged delayed diagnosis of condition causing infant’s death
- 865572 Ontario Inc. v. Municipality of Central Elgin, 2014 ONSC 4539, represented corporate tenant defending commercial lease dispute; successfully dismissed on summary judgment
- Orange Capital, LLC v. Partners Real Estate Investment Trust, 2014 ONSC 3793, represented company defending the validity and applicability of an advance notice by-law
- In the Matter of Pro-Financial Asset Management (Re) 2014, represented portfolio manager in various hearings before the Ontario Securities Commission
- Campbell v. Roberts, 2014 ONSC 5922, represented physicians at trial about alleged misdiagnosis causing plaintiff’s brain injuries
- Township of Muskoka Lakes v. Minister of Natural Resources, 2013 ONSC 5380 aff’d 2014 ONCA 557, represented respondent developer of hydroelectric project in judicial review application
- Ontario College of Teachers v. Mullins, 2014 ONSC 2502, represented respondent in defending a member’s appeal from a revocation decision
- In the Matter of TD Securities Inc. et. al., 2013 LNONOSC 569, represented respondent before the OSC in a hearing and review of the decision of an IIROC Hearing Panel
- Bennett v. Bennett Environmental Inc., 2013 ONSC 829, represented defendant in oppression case discontinued by plaintiff in face of motions to dismiss the action
- Trillium v. Cassels Brock & Blackwell et al., 2013 ONSC 1789, represented non-party contesting the production of privileged documents
- Abi-Mansour v. Ontario College of Teachers,  O.J. No. 2575, represented respondent in challenging the forum of an appeal proceeding
- Re Petaquilla Minerals, 2012 BCSECCOM 409 and 2012 BCSECCOM 442, represented bidder in unsolicited takeover bid where the British Columbia Securities Commission cease traded (a) the target’s shareholder rights plan, and (b) a financing that was announced prior to the bid
- Rolf Laumann v. Economical Mutual Insurance Company, 2011 ONSC 2653, represented dissident group engaged in a proxy contest in respect of procedural relief relating to the distribution of proxy materials
- The Economical Insurance Company v. William Andrus and The Persons Set Out in Schedule “A”, 2011 ONSC 2184 (Sup. Ct.), counsel to a dissident group that successfully responded to application contesting the validity of policyholder proposals to remove directors
- Re Nott et al,  IIROC No. 26, counsel to traders and investment dealer that successfully argued for reduced sanctions for registrants found to have violated Universal Market Integrity Rules (UMIR) concerning artificial pricing
- McIntyre v. Ontario College of Teachers, 2012 ONSC 5957 (Div. Ct.), represented respondent in defending a member’s appeal from a revocation decision
- Aris v. Ontario College of Teachers, 2011 ONSC 1202 (Div. Ct.), represented respondent in a judicial review application concerning an interim suspension
- Chan v. Tang, 2012 ONSC 2050, represented family physician at trial about the negligent administration and monitoring of plaintiff’s anticoagulation which led to the plaintiff’s stroke
- RC v KR, 2012 CanLII 49997 (HPARB), represented physicians at review of decision of investigations committee of College of Physicians and Surgeon of Ontario
Shane received his JD from Osgoode Hall Law School in 2009 where he received numerous academic and leadership awards. At Osgoode, Shane was elected the Chair of Student Caucus.
Prior to law school, Shane completed his Bachelor of Information Systems (Honours with Distinction) in 2002 from St. Francis Xavier University in Nova Scotia, winning the Governor Generals Medal and the Onex Corporation Gold Medal. He subsequently worked as an application developer for four years.
Shane was called to the bar in Ontario in 2010. He is a member of the Law Society of Upper Canada, The Advocates Society, the Canadian Bar Association and the Ontario Bar Association.