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Tristram Mallett - Corporate and Commercial Litigator

Tristram Mallett

Partner, Litigation

Key Contact: Capital Markets Regulatory Enforcement and Broker-Dealer Disputes

Key Contact: Class Action Defence

Key Contact: Commercial Arbitration and ADR

Key Contact: Insolvency and Restructuring Litigation

Key Contact: Corporate and Securities Litigation

Key Contact: Competition/Antitrust Litigation

Contact Information

tmallett@osler.com

tel: 403.260.7041

Office

Calgary

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Areas of Expertise
Bar Admission

Alberta, 1997

Ontario, 1989

Education
  • Queen’s University, LL.B.
  • University of Guelph, B.A.
Language(s)
English

Tris Mallett’s practice focuses on corporate litigation, class action defence and securities enforcement. He frequently advises clients on contested merger transactions; take-over bid litigation; shareholder dissent and appraisal litigation and shareholder derivative claims; securities misrepresentation, fraud and insider trading matters; prosecutions undertaken by regulatory authorities and industry organizations; and related internal investigations. Tris also defends class action claims usually in the securities, competition/anti-trust or product liability areas. These class action defence engagements are often multi-jurisdictional and cross-border in nature requiring strategic coordination with counsel in other jurisdictions including most frequently the US and Europe. Tris has acted in proceedings before various courts in Alberta, Ontario and B.C.; federal and appellate courts; and before a variety of administrative and regulatory tribunals as well as in various arbitration and mediation settings.

  • The Central Group Alberta Ltd.

    The Central Group Alberta Ltd. in the acquisition of Central Fund of Canada Limited by Sprott Inc.

    • Canadian Oil Sands Ltd. in defence of Suncor Energy Inc.’s unsolicited takeover bid, including “poison pill” hearing, before the Alberta Securities Commission.
    • Representing a group of convertible debenture holders of Perpetual Energy Inc. challenging dilutive rights offering and conversion of debentures, before the Alberta Securities Commission.
    • Smoothwater Capital Corporation, an activist investor fund and a significant shareholder in Alberta Oilsands Inc., in challenging business combination transaction by plan of arrangement between Marquee Energy and Alberta Oilsands. The matter resolved itself through a settlement involving representation by Smoothwater on the Board of the combined entity and other terms.
    • Former CEO of TSX and NYSE listed issuer in Canadian and U.S. securities class action and U.S. and Canadian securities regulatory investigation, following restatement of annual financial statements.
    • Defending BP plc in a proposed securities class action commenced in Alberta arising from the 2010 Deepwater Horizon explosion and subsequent Gulf of Mexico oil spill.
    • Defending Facebook, Inc. in proposed securities class actions in Ontario, Saskatchewan, British Columbia and Quebec arising from Facebook's initial public offering (IPO) in the United States;
    • Defending Facebook, Inc. in privacy class action in British Columbia concerning Facebook's "sponsored stories".
    • Groupon Inc. in a proposed class proceeding in Alberta alleging Groupon's vochers violate consumer protection legislation.
    • Securities dealers in defence of class action and institutional investor claims for misrepresentation in connection with public offerings of and trading in securities.
    • Issuers, corporate officers and directors and securities industry participants in internal or regulatory investigations, and in prosecutions by securities regulatory authorities.
    • Foreign state-owned international energy company in defence of proposed investor class action alleging insider trading and conspiracy.
    • Defending Elpida Memory, a major international manufacturer of DRAM chips, in proposed class actions filed in Ontario, Quebec and B.C. alleging price-fixing in the manufacturing and distribution of DRAM chips.
    • Defending a proposed class action against computer printer manufacturer Epson under provincial consumer protection laws for alleged misstatements about the capabilities of certain computer printer cartridges.
    • Defending Imperial Tobacco in health care cost recovery actions filed in various provinces in Western Canada.
    • Defending Merrill Lynch Canada in a proposed class action alleging mismanagement of client accounts.
    • Defending a consumer product manufacturer in a proposed class action under British Columbia consumer protection laws and federal Competition Act alleging misrepresentations about the effectiveness of an over the counter medication.   
    • Defending pharmaceutical companies multi-jurisdictional consumer class actions.
    • Defending a major airline in defence of class action proceedings in Ontario, Quebec and B.C. alleging price-fixing in the air cargo industry.
    • Representing PetroKazakhstan in a long running dispute with Russian energy giant, Lukoil, concerning their joint ownership of energy assets in Kazakhstan.
    • TransAlta Corporation with respect to its defence of the first contested enforcement proceeding brought by the Market Surveillance Administrator (MSA) alleging market manipulation and  improper trading in Alberta’s electricity market. 
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Chambers

  • Chambers Canada: Canada’s Leading Lawyers for Business, 2018: Litigation: General Commercial (Alberta).
  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2017: Dispute Resolution: Alberta.
  • Chambers Global: The World’s Leading Business Lawyers 2015: Dispute Resolution (Alberta).

Lexpert

  • The Canadian Legal Lexpert Directory, 2018: Consistently Recommended, Litigation – Securities.
  • The Canadian Legal Lexpert Directory, 2013-2018: Repeatedly Recommended, Class Actions.
  • The Canadian Legal Lexpert Directory, 2018: Repeatedly Recommended, Litigation – Corporate Commercial.
  • The Canadian Legal Lexpert Directory, 2017: Repeatedly Recommended, Competition Law.
  • The Canadian Legal Lexpert Directory, 2013-2017: Repeatedly Recommended, Litigation – Directors’ & Officers’ Liability.
  • The Canadian Legal Lexpert Directory, 2013-2017: Repeatedly Recommended, Litigation – Securities.
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada 2017: Litigation - Securities.

Benchmark

  • Benchmark Litigation Canada, 2017-2018: "Litigation Star" in the areas of Class Action; General Commercial; Securities.
  • Benchmark Litigation Canada, 2015: Class Action; Securities; General Commercial.

Best Lawyers

  • The Best Lawyers in Canada, 2018: Alternative Dispute Resolution.
  • The Best Lawyers in Canada, 2016-2018: Corporate and Commercial Litigation.
  • The Best Lawyers in Canada, 2016-2018: Director and Officer Liability Practice.

Who’s Who Legal

  • Who's Who Legal, 2017: Litigation.
  • Who’s Who Legal: Litigation 2015.

Lexology Client Choice Award, 2017: recognized for Litigation in Canada.

  • Alberta and Ontario Law Societies
  • Canadian Bar Association

  • Tris has written articles and spoken at continuing legal education conferences on such matters as developments in mergers and acquisitions litigation and class actions.