Shawn Irving

Shawn Irving, Partner, Litigation

Contact Information

  • tel: 416.862.4733
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Areas of Expertise

Bar Admission

Ontario, 2004

Education

  • University of Western Ontario, LL.B.
  • Queen’s University, B.A.H.

Office

Toronto

Language(s)

English

Biography

Shawn has a wide-ranging commercial litigation practice, with expertise in securities litigation, class actions, insolvency and restructuring, and banking law. As part of his securities litigation practice, Shawn has acted for market participants in regulatory investigations and proceedings commenced by various securities regulators, including the Ontario Securities Commission, IIROC and Toronto Stock Exchange (TSX). Shawn has worked closely with numerous experts in the banking and brokerage industries, aviation industry and accounting industry. He has appeared before all levels of court in Ontario, as well as the British Columbia Supreme Court. During his articles, Shawn was seconded for six months to the enforcement branch of the Ontario Securities Commission where he was actively involved in the Felderhof (Bre-X) proceedings.

Notable Matters

  • Representing a large financial services institution in a proposed billion-dollar class action lawsuit involving the sale of mortgage insurance products. Allegations include breach of privacy, negligent misrepresentation and conspiracy.
  • Representing a leading Canadian airline in a multi-million dollar arbitration.
  • Asian Coast Development (Canada) Inc. in successfully defending against a $24 million claim for damages brought by two New York hedge funds.  The hedge funds were seeking damages and other relief under the oppression remedy provisions of the CBCA.
  • CanWest Global Communications Corp. in its successful restructuring under the Companies Creditors Arrangement Act.
  • Greater Toronto Airports Authority and the Ottawa Macdonald-Cartier International Airport Authority in a dispute arising from the insolvency of Skyservice Airlines.
  • Various entities controlled by Carl Icahn in proceedings before the British Columbia Securities Commission and the British Columbia Supreme Court in connection with a take-over bid for Lions Gate Entertainment Corp.
  • Smurfit-Stone Container Canada Inc. in a CCAA court sanctioned sale of 1,000,000 acres of private timberlands in Quebec.
  • A leading Canadian bank and brokerage firm in an action commenced by a Canadian children’s animation company involving a wide range of issues including breach of contract, negligence and unjust enrichment.
  • A leading Canadian bank and brokerage firm in a proposed class action brought on behalf of Canadian and offshore retail investors who incurred an investment loss caused by the collapse of a major offshore investment fund.
  • An international media company in a complex commercial arbitration involving a wide range of issues, including a dispute over certain post-closing working capital adjustments.
  • Sears Holdings Corporation in proceedings before the Ontario Securities Commission and the Ontario Divisional Court in relation to Sears Holdings’ take-over bid for the shares of Sears Canada Inc.

Affiliations

  • Canadian Bar Association - Ontario
  • Law Society of Upper Canada
  • Advocates Society

Publications/Events/Education

  • The Public Interest: Friend or Foe of the Ontario Capital Markets?: A Review of Section 127 of the Securities Act (Ontario), 2nd Annual US/Canadian Cross-Border M&A Forum, New York, NY, April 2007 (with Mark A. Gelowitz).

Pro Bono/Community Work

  • Journalists for Human Rights, Various Legal Assistance

Downloadable Profile

Shawn Irving