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Adam  Hirsh

Adam Hirsh

Partner, Litigation


Contact Information

ahirsh@osler.com

tel: 416.862.6635

Office

Toronto

Bar Admission

Ontario, 2008

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

Adam practices complex, high-stakes commercial and corporate litigation for significant Canadian and global companies. He devotes half of his practice to tax disputes, and regularly represents taxpayers in proceedings dealing with issues such as interest deductibility, tax avoidance, income versus capital characterization, international tax, land transfer tax, and various issues relating to complex financial instruments.

Whether the matter is a tax controversy, class action, insolvency or commercial case, Adam is a quick study. He masters the finer details of his clients’ businesses, and uses that knowledge to win their cases on their terms, be it in court or by way of carefully crafted settlement. Companies value Adam’s candor, financial acuity, real-time responsiveness, strategic counsel and drive to accomplish their litigation goals.

Adam is a member of Osler’s National Litigation Department and its tax, commercial, private equity, insolvency, arbitration and product liability teams. Some of Adam’s recent non-confidential mandates include defending Maple Leaf Foods in a proposed competition class action; defending Imperial Tobacco in product liability and provincial health care recoupment cases across the country; representing investors in Tax Court in an appeal arising from their participation in a charitable donation program; successfully representing an affiliate of Precision Drilling in an appeal relating to Ontario’s general anti-avoidance rule; successfully representing Jazz Aviation in a cost benchmarking arbitration against Air Canada; and acting for the former directors and officers of Nortel in connection with Nortel’s global insolvency proceedings.

    • 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 Ontario
  • 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)