Tristram Mallett

Tristram Mallett

Partner, Litigation

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

Key Contact: Class Action Defence

Key Contact: Government Investigations and White-Collar Defence

Key Contact: Corporate and Securities 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.

  • VAALCO Energy

    VAALCO in its US$307 million business combination with TransGlobe

  • Circle Cardiovascular Imaging

    Circle Cardiovascular Imaging in its strategic investment from Thoma Bravo

  • Husky Energy Inc.

    Husky Energy Inc. in its $23.6 billion agreement with Cenovus Energy Inc. to create a new integrated energy leader

  • Husky Energy Inc.

    Husky Energy Inc. in its proposed acquisition of MEG Energy Corp. for $6.4 billion

  • Ensign Energy Services Inc.

    Ensign Energy Services Inc. in its acquisition of Trinidad Drilling Ltd. for $947 million

  • 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 Limited

    Canadian Oil Sands Limited in its agreement to support Suncor Energy Inc.’s amended offer valued at $6.6 billion

    • Chemtrade Electrochem trial win in litigation arising from the failed business combination transaction between Canexus and Superior Plus in which each transacting party claimed a termination fee from the other following termination of the deal

    TransAlta Corporation in proceedings before securities regulators challenging strategic partnership between TransAlta and an affiliate of Brookfield

    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 multiple proposed securities and privacy class actions in Ontario, Saskatchewan, British Columbia and Quebec

    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

  • Find More

  • Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Litigation: General Commercial (Alberta)
  • Chambers Global: The World’s Leading Business Lawyers: Recognized in Dispute Resolution (Alberta)
  • The Canadian Legal Lexpert Directory: Recognized in Class Actions; Litigation - Corporate Commercial
  • Best Lawyers in Canada: Recognized in Alternative Dispute Resolution, Class Action Litigation, Corporate and Commercial Litigation, Director and Officer Liability Practice
  • Who’s Who Legal: Recognized in Litigation (Canada)
  • Benchmark Litigation Canada: Recognized in Dispute Resolution; Securities; Commercial; Class Action (Litigation Star)

  • 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.