Malcolm Aboud

Counsel, Disputes

Toronto

(416) 862-4207 

[email protected]

Bar Admission: Ontario, 2013 |

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Areas of Expertise

Malcolm is Counsel in Osler’s Risk Management and Crisis Response Group and Disputes department in Toronto. He advises clients on a wide range of complex commercial disputes, regulatory investigations, and crisis management issues, with a focus on anti-corruption, sanctions, money laundering, fraud and other forms of financial and economic crime.

He offers his clients extensive experience guiding public and private companies through internal investigations and regulatory and enforcement proceedings. Malcolm regularly represents clients in domestic and cross-border proceedings conducted by enforcement authorities including the Royal Canadian Mounted Police, the Ontario Securities Commission, the U.S. Securities and Exchange Commission and the U.S. Department of Justice.

Malcolm has appeared before all levels of court in Ontario in both compliance and commercial litigation matters. He has extensive trial and appellate experience in complex class actions, construction matters and other commercial disputes.

He provides pragmatic and business-critical advice to proactively mitigate risks, working with clients to assess potential areas of risk, implement effective compliance policies and procedures, address corporate governance issues, and support businesses as they respond to crisis situations.

Areas of Expertise

Representative Work

 

Compliance, Risk Management, Crisis Response

  • Internal investigation for a Canadian company following receipt of a whistleblower report alleging FCPA and CFPOA violations, and corresponding investigation by U.S. enforcement authorities
  • Internal investigation for a Canadian company following execution of a search warrant with respect to alleged fraud in connection with government procurement process
  • Internal investigation into money laundering and fraud allegations as against the customer of a Canadian company, and corresponding investigation by U.S. enforcement authorities
  • Advice to a Canadian company regarding internal controls and procedures to monitor compliance with anti-corruption issues, including sponsorships and transactions with government entities
  • Advice to a number of Canadian companies with respect to search warrant response and procedure for setting aside search warrants
  • Development of anti-corruption and bribery compliance policies for a number of Canadian companies
  • Advice to a number of Canadian companies with respect to maintaining privilege in internal investigations, including investigations conducted in foreign jurisdictions

 

Commercial Litigation

  • Toronto Transit Commission in connection with the Toronto-York Spadina Subway Extension
  • Shoppers Drug Mart Inc. in its current defence of a franchise class action brought by two of its Associate-owners representing all Associates in Shoppers Drug Mart stores outside of Quebec (ongoing)
  • A major food manufacturer in various court proceedings related to the design and construction of its food processing facility

 

Commercial Transactions

  • Advanced Personnel Management in their A$972 million IPO and listing on the ASX
  • BC Partners in the $5.2 billion recapitalization of GardaWorld
  • Cuboh in its acquisition by ChowNow
  • Madison Dearborn Partners in its acquisition of the APM Group International
  • Nichi-Iko Pharmaceutical Co. in its US$ 100 million sale to Ellimist Singapore Pte. Ltd.
  • WT Microelectronics in its acquisition of Future Electronics for USD$3.8 billion
View all Representative Work

Media Mentions

  • Media Mentions Mar 25, 2023

    200,000-Dollar Fine Aims to Expose Money Laundering in Canada – The New York Times

    While money laundering can happen in any jurisdiction in the world, Ian Austen of The New York Times says Canada has earned a reputation for lax laws...

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  • Media Mentions Feb 2, 2023

    Economic crimes and supply chain diligence: a ‘how to’ compliance guide – Financier Worldwide

    The Canadian government is expected this year to introduce a package of legislation intended to combat modern slavery, particularly in supply chains.

    Read more
  • Media Mentions Oct 20, 2022

    Provincial progress on corporate transparency slower than we’d like: feds – iPolitics

    Most Canadian jurisdictions have passed corporate transparency legislation to collect information on who actually owns and benefits from corporations...

    Read more
  • Media Mentions Jul 11, 2022

    Canadian provinces in talks over sharing company ownership data – Bloomberg Law News

    Osler’s Malcolm Aboud tells Bloomberg Law that a national beneficial ownership registry will only be effective if it includes corporate provincial...

    Read more
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Community Involvement

Credentials

Education

  • McGill University, B.C.L.-LL.B.
  • University of Western Ontario, B.A. (Honors)

Osler is a leading business law firm practising internationally from offices across Canada and in New York. Our clients include industry and business leaders in all segments of the market and at various stages in the growth of their businesses. We have built our reputation on our commitment to our clients' success and the experience, expertise and collaborative approach for which we are recognized. We believe that our success is a reflection of our clients' success.