Skip To Content
Mark  Gelowitz

Mark Gelowitz

Partner, Litigation

Key Contact: Commercial Arbitration and ADR

Key Contact: Corporate and Securities Litigation


Contact Information

mgelowitz@osler.com

tel: 416.862.4743

Office

Toronto

Bar Admission

Ontario, 1991

Saskatchewan, 1987

Education
  • Oxford University, B.C.L.
  • Queen’s University, LL.B.
  • University of Regina, B.A.
Language(s)
English

Mark is a key contact for the firm’s Commercial Arbitration and ADR Group. Mark has a business-focused civil and securities litigation, appellate and international commercial arbitration practice. His practice covers a wide variety of issues in corporate and commercial law including mergers and acquisitions litigation, director and officer liability, corporate governance, shareholder disputes, oppression, privacy, libel and slander, real estate lease disputes, product liability, mining litigation and class actions.

He has appeared before the Supreme Court of Canada, the Ontario, Alberta, British Columbia and Yukon Courts of Appeal, the superior trial courts of numerous provinces and the Ontario and British Columbia Securities Commissions.

Mark’s international commercial arbitration experience includes major arbitration hearings conducted in London, Rome, Geneva, Warsaw, Tokyo and The Hague.

Mark completed two appellate judicial clerkships, the first with the late Chief Justice E.D. Bayda of the Saskatchewan Court of Appeal in 1986 and the second with the late Justice John Sopinka of the Supreme Court of Canada in 1989. He completed the B.C.L. degree at Oxford University in 1989, between his clerking experiences.

Mark has had many important legal publications including a leading Canadian legal text for the last quarter-century, co-authored with the late Justice Sopinka entitled Sopinka and Gelowitz on the Conduct of an Appeal, Fourth Edition (Lexis/Nexis 2018). Mark maintains a blog on recent developments in Canadian appellate law and practice at Conductofanappeal.com.

    • Facebook, Inc. in its defence of proposed securities class actions in Ontario, Saskatchewan and Quebec arising from Facebook’s initial public offering (IPO) in the United States, and a proposed privacy class action in British Columbia concerning Facebook’s sponsored stories (ongoing), including an appeal to the Supreme Court of Canada.
    • Lead partner representing Dundee Kilmer Developments Limited Partnership, Dundee Realty Corporation and related companies in a high-stakes dispute with Catalyst.
    • Represented a Canadian public company and major commercial real estate developer in several commercial lease arbitrations relating to fair value rent adjustments.
    • Represented a Canadian public company in an International Chamber of Commerce (ICC) arbitration in Tokyo, in a successful claim against a Japanese company relating to the force majeure clause of a long-term supply agreement (2019).
    • Representing a European subsidiary of a Canadian mining company in an investor-state arbitration against a member state of the European Union, alleging discriminatory treatment under the terms of a bilateral investment treaty (ongoing).
    • Represented a Canadian public company in an International Chamber of Commerce (ICC) arbitration in Geneva, in a successful claim against a European company relating to the force majeure clause of a long-term supply agreement (2014).
    • Icahn Group in its successful application to the British Columbia Securities Commission to cease trade the poison pill implemented by the board of directors of Lions Gate Entertainment Corp. as a defensive tactic against the Icahn Group’s hostile take-over bid for Lions Gate. The expedited appeal by Lions Gate to the British Columbia Court of Appeal, the first-ever Canadian appeal in a poison pill case, was dismissed from the bench (2010).
    • Successfully defended a Canadian public company in an International Chamber of Commerce (ICC) arbitration in Rome, in a claim commenced by a large Italian company in respect of a post-closing issue arising from a Shareholders' agreement (2008).

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Litigation: General and Commercial (Ontario)
  • The Canadian Legal Lexpert Directory: Recognized in Class Actions, Commercial Arbitration, Litigation – Directors’ & Officers’ Liability, Litigation – Corporate Commercial, Litigation - Securities
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada: Recognized in Litigation - Corporate Commercial, Litigation - Securities
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada: Recognized in Class Actions, Litigation (Securities) and Litigation (Corporate Commercial), Corporate Commercial, Securities
  • Best Lawyers in Canada: Recognized in Corporate and Commercial Litigation, Securities Law
  • Acritas Stars: Recognized as a Star Lawyer
  • Benchmark Litigation Canada: Recognized as a "Litigation Star", Class Action, General Commercial, Securities

  • Advocates' Society
  • Ontario Bar Association
  • Metropolitan Toronto Lawyers' Association

  • Mondaq Comparative Guide to International Arbitration, Canada (M. Gelowitz and L. Tomasich), January 2019.
  • Hopkins v. Kay: Ontario Court of Appeal Considers Order Conclusively Determining Superior Court’s Jurisdiction to be Final, DRI Medical Liability and Health Care Law Digest (August 2014).
  • Zurich Insurance Company v. Chubb Insurance Company of Canada: Ontario Court of Appeal Considers Standard of Review of Arbitration Decisions, Canadian Journal of Insurance Law, July 2014, Volume 32, No. 4.
  • The Conduct of an Appeal, 3rd Ed., Sopinka and Gelowitz, Lexis/Nexis, 2012.
  • Baffinland: A new frontier for poison pills?, Lawyers Weekly (February 2011).
  • Supreme Court Sounds the Death Knell for Fundamental Breach (2011), 26 Banking & Finance Law Review 339.
  • Recent Developments in Securities Litigation – Archibald & Echlin, Annual Review of Civil Litigation (Carswell 2010).
  • Court certifies class action against Imax: Liability may be coming soon to a theatre near you, Lawyers Weekly (February 2010).
  • OSC Hudbay Decision May Profoundly Impact M&A Landscape, Osler Update, June 11, 2009.
  • Certicom v. RIM: When is a Confidentiality Agreement a Standstill, Too?, Osler Corporate Review, March 2009.
  • Supreme Court of Canada Dismisses Appeal in Danier Leather, Osler Update, October 16, 2007.
  • Recent Developments in Class Proceedings: A Defendant’s Perspective (2006), 43 Canadian Business Law Journal 339.