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Biography

Byron Shaw is a partner in our Litigation Group in Toronto. He has a wide-ranging litigation practice with an emphasis on corporate and commercial litigation, public law, class actions and professional liability.

Mr. Shaw has represented corporations and individuals in shareholder disputes, oppression claims, breach of contract matters and bankruptcy and insolvency litigation. He regularly represents physicians in professional negligence cases and proceedings before regulatory bodies and appeal tribunals. Mr. Shaw has appeared before the Supreme Court of Canada, the Ontario Court of Appeal, the Ontario Superior Court, the Federal Court of Appeal, the Federal Court Trial Division and various administrative tribunals.

Mr. Shaw has published extensively in fields including constitutional law, conflict of laws, securities law and private law. He is the co-author of the 4th edition of Constitutional Law with the Deputy Attorney General for Ontario, Patrick J. Monahan. Constitutional Law is frequently consulted by Canadian courts and was recently cited on multiple occasions by the Supreme Court of Canada in Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21 (the “Nadon Reference”) and Reference re Senate Reform, 2014 SCC 32. In addition, Mr. Shaw’s articles have been published in the Supreme Court Law Review, the Canadian Business Law Journal, the U.B.C. Law Review and Cambridge University Press.

Mr. Shaw clerked for the Ontario Court of Appeal in 2008-2009 where he worked with former Associate Chief Justice Dennis O’Connor and Justices Sharpe, Weiler and Gillese. He received his B.A. (Hons.) in Economics from the University of British Columbia in 2005 and his LL.B from the University of British Columbia in 2008.

Mr. Shaw is a member of the Law Society of Upper Canada, the Canadian Bar Association and the Advocates Society.

NOTABLE CASES

  • Represented Irving Pulp & Paper in an appeal to the Supreme Court of Canada concerning random alcohol testing: Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34.
  • Represented Mister Transmission in an appeal before the Ontario Court of Appeal from the dismissal of a class proceeding involving a transmission repair service: Dean v. Mister Transmission (International) Limited, 2011 ONCA 670.
  • Represented a group of Canadian creditors in a procedural motion in the cross-border trial concerning the allocation of Nortel’s assets: Nortel Networks Corporation (Re), 2013 ONSC 2612.
  • Represented a former CFO in a procedural motion in a class action involving alleged inadequacies in the company’s disclosure to investors: Dugal, Murphy v. Manulife Financial Corporation, 2013 ONSC 32.
  • Represented Ontario Lottery and Gaming in a motion to stay an action involving allegations of breach of contract: Ont. First Nations L.P. v. Ont. Lottery and Gaming Corp., 2013 ONSC 4166.
  • Represented police officers in a motion to dismiss an application for mandamus to compel an investigation into alleged police misconduct and related procedural matters: Holmes v. White, 2013 ONSC 4225; CN v. Holmes, 2011 ONSC 483.
  • Represented Air Canada in a judicial review application and the subsequent appeal regarding the granting of slots to commercial passenger airlines at the Toronto Island Airport: Air Canada v. Toronto Port Authority, 2010 FC 774; Air Canada v. Toronto Port Authority, 2011 FCA 347.

PUBLICATIONS

  • Constitutional Law, 4th ed., co-written with Patrick Monahan (Toronto: Irwin Law, 2013).|
  • “Developments in Private International Law: The 2011-2012 Term - The Unfinished Project of the Van Breda Trilogy”, co-written with Brandon Kain and Elder Marques (2012), 59 Supreme Court. Law Review (2d) 277.
  • “Mapping the Serbonian Bog: The Territorial Limits of Secondary Market Securities Act Claims Under the Canadian Constitution – Part I”, co-written with Brandon Kain (2012) 53 Can. Bus. L.J. 63.
  • “Mapping the Serbonian Bog: The Territorial Limits of Secondary Market Securities Act Claims under the Canadian Constitution - Part II", co-written with Brandon Kain, (2012) 53 Can. Bus. L.J. 233.
  • "The Impact of Extra-Judicial Service on the Canadian Judiciary: The Need for Reform", co-written with Patrick Monahan, H.P. Lee, ed. Judiciaries in Comparative Perspective (Cambridge: Cambridge University Press, 2011).
  • "Indemnities for Acts Done at Another’s Request" (2011) U.B.C. Law Rev. Vol. 44, No. 2, 331-379.
  • "Supreme Court of Canada Affirms the Request Principle in R. Imperial Tobacco", (2012) U.B.C. Law Rev. Vol. 45, No. 1, 247-252.
  • "The Arbitrability of Oppression Claims" (2011) The Advocate Vol. 69, Part 1, 21-27.


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McCarthy Tétrault delivers integrated business law, tax, real property, labour and employment, and litigation services nationally and globally through offices in Vancouver, Calgary, Toronto, Montréal, Québec City and London, UK.
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