Allan advises public and private companies in critical corporate governance and shareholder disputes. Allan also represents public issuers and auditors in class proceedings relating to alleged misrepresentations made in prospectuses, financial statements and other public disclosure documents, often successfully resolving proceedings prior to the certification stage. Allan also has extensive commercial litigation experience, including product liability, class action defence work and conducting complex commercial arbitrations, including disputes arising from asset purchase agreements and shareholder agreements. He also is a co-author of The Oppression Remedy, with David Morritt and Sonia Bjorkquist.
Areas of Expertise
Representative Work
- Successfully represented Jazz Aviation in a complex cost benchmarking arbitration against Air Canada
- American International Group, Inc. and AIG Financial Products Corp. in the first putative class action brought under the Securities Act against a foreign issuer in respect of alleged misrepresentations in its financial statements
- Atomic Energy of Canada Limited in an application for judicial review brought by Sierra Club of Canada relating to the sale of CANDU reactors to China, including a successful appeal to the Supreme Court of Canada establishing the principles governing the granting of protective orders
- CanWest Global Communications Corp. in a successful motion for summary judgment against Hollinger International Inc. and in a related multi-million dollar arbitration
- Cara Operations Limited before the Ontario Securities Commission in a successful application to cease trade the poison pill of Second Cup Limited adopted in response to Cara Operations take-over bid
- 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
- Chapters Inc. in response to a take-over bid by Trilogy Retail Enterprises Inc., including numerous appearances before the Ontario Securities Commission and a successful application to disqualify a law firm for conflict of interest that was upheld by the Ontario Court of Appeal
- Goldcorp Inc. in a claim brought by Barrick Gold Corporation in respect of Goldcorp’s acquisition of a 70% interest in the El Morro mining project in Chile
- Greater Toronto Airports Authority and the Ottawa Macdonald-Cartier International Airport Authority in a dispute arising from the insolvency of Skyservice Airlines
- Magna International in proceedings before the Ontario Securities Commission in connection with a plan of arrangement involving its controlling shareholder
- Sears Holdings Corporation in proceedings before the Ontario Securities Commission arising from its take-over bid for Sears Canada
- Two officers of SunOpta Inc. in a securities class action in respect of alleged misrepresentations made in the financial statements of Sunopta
- An automotive industry manufacturer in a multi-million dollar arbitration arising from the termination of a supply agreement
- 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
- Chapters Inc. in response to a take-over bid by Trilogy Retail Enterprises Inc., including numerous appearances before the Ontario Securities Commission and a successful application to disqualify a law firm for conflict of interest that was upheld by the Ontario Court of Appeal
- Goldcorp Inc. in a claim brought by Barrick Gold Corporation in respect of Goldcorp’s acquisition of a 70% interest in the El Morro mining project in Chile
- Greater Toronto Airports Authority and the Ottawa Macdonald-Cartier International Airport Authority in a dispute arising from the insolvency of Skyservice Airlines
- Magna International in proceedings before the Ontario Securities Commission in connection with a plan of arrangement involving its controlling shareholder
- Sears Holdings Corporation in proceedings before the Ontario Securities Commission arising from its take-over bid for Sears Canada
- Two officers of SunOpta Inc. in a securities class action in respect of alleged misrepresentations made in the financial statements of Sunopta
- An automotive industry manufacturer in a multi-million dollar arbitration arising from the termination of a supply agreement
Latest Insights
-
Osler Update Nov 21, 2023
Ontario court refuses to exclude U.S. shareholders from class: the ‘day of reckoning’ had not yet dawned
The Ontario Superior Court certified a global class in a securities class action against a Toronto-based company, even though U.S. shareholders who...
Read more
-
Blog Dec 7, 2020
SEC announces first charges against a public company for misleading investors about the financial effects of the pandemic
On Friday, December 4, 2020, the Securities and Exchange Commission announced in a press release that it had settled charges against The Cheesecake...
Read more
-
Osler Update Dec 22, 2017
Livent decision and the scope of auditor liability
In a significant decision on December 20, 2017, the Supreme Court of Canada provided important guidance on the scope of responsibility of auditors in...
Read more -
Osler Update Nov 1, 2017
The SCC considers who bears the risk of a fraudulent cheque: the drawer or the bank?
In Teva Canada Ltd. v. TD Canada Trust, the Supreme Court of Canada clarified the “fictitious” or “non-existent” payee defence to the tort of...
Read more
Awards and Recognition
-
Recognized in Litigation – Securities; Class Actions
—The Canadian Legal Lexpert Directory -
Recognized in Class Action Litigation; Corporate and Commercial Litigation
—Best Lawyers in Canada -
Recognized in Dispute Resolution; Securities; Commercial (Litigation Star)
—Benchmark Litigation Canada
Media Mentions
-
Osler News Dec 4, 2020
Osler advises on three of Lexpert’s Top 10 Cases of 2019-2020
Osler is pleased to announce it has been recognized in three of Lexpert’s Top 10 Cases of 2019–2020 and has also received an honorable mention.
Read more -
Osler News Jan 27, 2020
29 Osler lawyers recognized in Benchmark Litigation 2020
Osler is proud to announce that 29 of our litigation lawyers appear in Benchmark Litigation’s 2020 issue of Benchmark Canada, their annual...
Read more -
Osler News Apr 17, 2018
25 Osler lawyers recognized in Benchmark Litigation 2018
Osler is proud to announce that 25 of its lawyers appear in Benchmark Litigation’s 2018 issue of Benchmark Canada, their annual publication...
Read more -
Media Mentions Apr 2, 2018
Supreme Court sets out liability for auditors – Law Times
In a recent 4-3 decision, the Supreme Court of Canada held that Deloitte & Touche breached the duty of care it owed to its client, Livent Inc.,...
Read more
Speaking and Writing
Published Work
- Recent Developments in Securities Litigation, Annual Review of Civil Litigation (2010), Todd L. Archibald and Randall Scott Echlin, ed. (with Mark A. Gelowitz).
- The Oppression Remedy (looseleaf) (with David Morritt and Sonia Bjorkquist).
- Commentary: Securities Litigation, Canadian Securities Law Reporter (with Alexander Cobb).
- An Update of Recent Securities Law Decisions: Sears, Re AIT and Felderhof, The Twelve Minute Securities Lawyer 2008, Law Society of Upper Canada (May 2008) (with Adam Hirsch and Ian Matthews).
- Supreme Court of Canada Dismisses Appeal in Danier Leather, Osler Update, October 2007.
Credentials
Education
- McGill University, LL.B.
- McGill University, B.A.
Languages
- English
Professional Affiliations
- Canadian Bar Association
- Canadian Bar Association (Ontario)
- Advocates Society
