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Tristram Mallett

Tristram Mallett

Partner, Litigation

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

Key Contact: Class Actions

Key Contact: International 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.

    • 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, one of Canada’s leading activist investors, in challenging proposed business combination between Alberta Oilsands Inc. and Marquee Energy Ltd.
    • 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. 

  • The Canadian Legal Lexpert Directory, 2013-2017, Repeatedly Recommended in the area of Class Actions.
  • The Canadian Legal Lexpert Directory, 2017, Repeatedly Recommended in the area of Competition Law.
  • The Canadian Legal Lexpert Directory, 2013-2017, Repeatedly Recommended in the area of Litigation – Directors’ & Officers’ Liability.
  • The Canadian Legal Lexpert Directory, 2013-2017, Repeatedly Recommended in the area of Litigation – Securities.
  • Chambers Canada: Canada’s Leading Lawyers for Business, 2016-2017, recognized in the area of Dispute Resolution: Alberta.
  • The Best Lawyers in Canada, 2016-2017, recognized in the area of Corporate and Commercial Litigation.
  • The Best Lawyers in Canada, 2016-2017, recognized in the area of Director and Officer Liability Practice.
  • Lexology Client Choice Award, 2017, recognized for Litigation in Canada.
  • Who’s Who Legal: Litigation 2015.
  • Chambers Global: The World’s Leading Business Lawyers 2015: Dispute Resolution (Alberta).
  • Benchmark Litigation Canada 2015: Class Action; Securities; General Commercial.

  • 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.