Malcolm Aboud

Malcolm Aboud

Counsel, Litigation

Key Contact: Government Investigations and White-Collar Defence

Contact Information

tel: 416.862.4207



Malcolm is Counsel in Osler’s Risk Management and Crisis Response Group and Litigation department in Toronto. He advises clients on a wide range of complex commercial disputes, regulatory investigations, and crisis management issues, with a focus on anticorruption, 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 assessing potential areas of risk, implement effective compliance policies and procedures, address corporate governance issues, and support businesses as they respond to crisis situations.

    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

  • 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