Malcolm Aboud

Malcolm Aboud

Counsel, Litigation

Key Contact: Government Investigations and White-Collar Defence

Contact Information

tel: 416.862.4207



Malcolm's practice encompasses a broad range of civil litigation matters in the corporate and commercial areas. Malcolm has wide-ranging expertise in risk management and regulatory matters including internal investigations and regulatory and enforcement proceedings in industries including the commercial, extractive resources, financial services, technology and environmental spheres. He provides advice on a broad array of issues including anti-corruption compliance, fraud, sanctions compliance, anti-money laundering and terrorist financing. His practice includes investigation planning, search warrant response, privacy considerations, corporate due diligence, implementation of compliance policies, and risk assessment to remediate existing compliance issues. Malcolm has extensive experience advising Canadian companies in cross-border regulatory matters involving investigations by foreign regulatory authorities.

Malcolm also has experience litigating complex commercial disputes including class actions, construction litigation, franchise matters and commercial arbitration.

Malcolm holds a joint Bachelor of Laws and Bachelor of Civil Law from McGill University, and spent a semester studying law at the University of Copenhagen. Malcolm joined Osler as a summer student in 2011, and articled with the firm in 2012-2013. 

    Litigation, Risk Management and Crisis Response:

    • 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)
    • Toronto Transit Commission in various court proceedings related to the design and construction of the Toronto York Spadina Subway extension
    • A major food manufacturer in various court proceedings related to the design and construction of its food processing facility
    • 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
    • Provided advice to a Canadian company regarding internal controls and procedures to monitor compliance with anti-corruption issues, including sponsorships and transactions with government entities
    • Advised 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
    • Provided advice to a number of Canadian companies with respect to maintaining privilege in internal investigations, including investigations conducted in foreign jurisdictions

    Corporate Transactions:

    • Nichi-Iko Pharmaceutical Co. in its US$ 100 million sale to Elliminist Singapore Pte. Ltd.

  • Best Lawyers: Recognized as “One to Watch” in Corporate and Commercial Litigation

  • The Nate Black Foundation, Board of Directors
  • Pro Bono Law Ontario (PBLO), Small Claims Court Duty Counsel
  • Rotman Commerce Law Association, The Advocate Mooting Competition, Judge, 2012

  • Ontario Bar Association
  • Canadian Bar Association

Previous Speaking Engagements

  • LSUC 6th Annual In-House Counsel Summit: Developments in Anti-Bribery and Corruption Compliance 
    Speaker, February 23, 2016


  • Co-author, Anti-Corruption Canada: Trends & Developments, Chambers Global Practice Guides, 2021
  • Safeguarding Privilege in Internal Investigations, Osler’s International Trade & Investment Law Digest – Mining and Resources, March 2014
  • Athletes as Objects of Property: A Kantian Rethinking of Flood v. Kuhn, Canadian Journal of Law and Jurisprudence, 26/2, July 2013