Adam  Hirsh

Adam Hirsh, Associate, Litigation

Contact Information

  • tel: 416.862.6635
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Bar Admission

Ontario, 2008

Education

  • University of Toronto, J.D.
  • McGill University, B.A. (great distinction)

Office

Toronto

Language(s)

English

Biography

Adam has a wide ranging corporate and commercial litigation practice, with particular expertise in class action defence, commercial arbitrations and competition law.  He litigates complex, business critical issues relating to commercial contracts, securities, banking, tax, insolvency, franchise, and product liability. In a number of cases, Adam has worked closely with expert witnesses and been responsible for the expert evidence. He has appeared before all levels of court in Ontario, as well as the Federal Court of Canada. While at law school, Adam’s team placed first in a Corporate Securities competitive moot. Adam joined Osler as a summer student in 2006, articled in 2007 and returned as an associate in 2008.

Notable Matters

  • Successfully represented Jazz Aviation in a complex cost benchmarking arbitration against Air Canada.
  • A taxpayer in the first case to address the General Anti-Avoidance Rule under Ontario’s Corporations Tax Act.
  • Imperial Tobacco Canada Ltd. in product liability class actions and health care recoupment actions across the country.
  • Nortel Networks’ Board of Directors in Nortel’s global restructuring under CCAA and Chapter 11 proceedings.
  • E.I. DuPont Canada Co., in a competition class action relating to allegations of price-fixing and resale price maintenance involving the sale and distribution of plastic resins in the automotive sector.
  • Suncor Energy Products Inc. in successfully dismissing a $200 million proposed class proceeding brought on behalf of Suncor retailers alleging breaches of the Arthur Wishart Act (Franchise Disclosure), 2000.
  • Atlas Cold Storage Holdings Inc. in a class proceeding brought by unit holders relating to allegations that the financial statements of Atlas Cold Storage Income Trust contained misrepresentations.
  • NOVA Chemicals Corporation in an action in Federal Court under the Competition Act.
  • TD Bank in an action in tort related to a disputed lottery ticket.
  • RBC Dominion Securities in a contractual dispute.
  • An international compressors’ manufacturer in price-fixing class actions across the country.
  • Various companies in giving advice on possible employment-related class actions, including regarding allegations of non-payment of overtime pay.

Affiliations

  • Law Society of Upper Canada
  • Canadian Bar Association
  • Ontario Bar Association
  • Advocates’ Society
  • Toronto Lawyers Association

Publications/Events/Education

  • Expert Witnesses- A Lesson in What Not to Do, Civil Writes, CBA National Civil Litigation Newsletter, December 2012 (available online), and Toronto Law Journal, November 2012 (also available online)
  • Franchises – Clarification on the Exemptions from the Duty to Disclose, Commercial Litigation, Volume XIV, No. 4, 2011 (with Larry Lowenstein)
  • An Update of Recent Securities Law Decisions: Sears, Re AIT and Felderhof, The Twelve Minute Securities Lawyer 2008, Law Society of Upper Canada (CLE Program), May 14, 2008 (with Allan Coleman)

Pro Bono/Community Work

  • Pro Bono Law Ontario, Volunteer