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Adam Hirsh

Adam Hirsh

Partner, Litigation

Contact Information

ahirsh@osler.com

tel: 416.862.6635

Office

Toronto

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Areas of Expertise
Bar Admission

Ontario, 2008

Education
  • University of Toronto, J.D.
  • McGill University, B.A. (great distinction)
Language(s)
English

Adam’s practice is focussed on business-critical civil and commercial litigation and tax litigation. His practice covers a wide range of areas, with particular expertise in class action defence, securities, competition law, commercial arbitrations and insolvency. On the tax side, Adam has been involved with issues such as the GAAR and tax avoidance.  In a number of cases, Adam has worked closely with expert witnesses and been responsible for the expert evidence, including on issues relating to statistics, accounting, economics and damages valuation. He has appeared before all levels of court in Ontario, as well as the Federal Court of Canada and Tax Court.

    • Inter-Leasing Inc. v. Ontario (Ministry of Revenue), 2014 ONCA 575, rev’g 2013 ONSC 2927 – in the first case to address Ontario’s provincial GAAR and its application to interprovincial tax planning.
    • A taxpayer before the Tax Court on issues relating to the CRA’s garnishment powers.
    • Successfully represented Jazz Aviation in a complex cost benchmarking arbitration against Air Canada.
    • 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.
    • 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

  • Pro Bono Law Ontario, Volunteer

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

  • 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)