Andrew McCoomb practises complex commercial litigation, with a focus on shareholder and contract disputes, securities matters, antitrust litigation and intellectual property matters. He regularly acts for companies in the technology, financial services and transport sectors ranging from start-ups to multinationals.
He has successfully acted as lead counsel to clients in cases at all levels of court in Ontario in trials, motions, applications and on appeal, and appears regularly before the Ontario Superior Court of Justice and the Commercial List. Andrew has also appeared before the Ontario Securities Commission, and has been appointed to the OSC's Legal Assistance Program through which he provides counsel services to unrepresented respondents involved in enforcement proceedings. Andrew is also a member of the Canadian special situations team, which encompasses Canada's leading shareholder activist practice, sophisticated securities litigation and complex reorganization transactions.
While in law school, Andrew received the Robert E. Bamford Memorial Award as the graduating student who best combined academic excellence with a commitment to the law school community.
J.D., Dalhousie University, 2011
B.A. (Hons.), Western University, 2008
Andrew has recently acted for the following clients:
- Look Communications Inc. in successfully obtaining an award of damages at trial of more than $5 million plus costs, in addition to other relief
- Agrium Inc. in its successful, high-profile defence in a proxy contest opposite JANA Partners LLC
- KEYreit in its successful defence against a cease-trade application in respect of KEYreit’s shareholder rights plan brought by Huntingdon Capital Corp brought before the Ontario Securities Commission
- Sharp Corporation and related companies in class actions in Ontario relating to allegations of price-fixing in the LCD market
- An international transportation company in a complex commercial arbitration involving a wide range of issues
- Creditors in successfully resisting a claim by certain parties to ownership of estate funds in the Cash Store insolvency, at the motion stage and on appeal
- A defendant in a defamation case in successfully resisting a motion to strike alternative pleadings
- The Canadian Private Copying Collective in obtaining judgment and statutory penalties exceeding $19 million against various corporations and their directors for breaches of the Copyright Act
- "Actions Speak Louder – Ontario Courts Find that Parties to 'Broker Agreement' Are in a Debtor-Creditor Relationship," Cash Store Financial Services Inc. (Re), (co-author, with A. Merskey) 30 BFLR 609
- "Settlement privilege does not protect factual information communicated in proffer stage of Competition Act investigation," April 2015, www.nortonrosefulbright.com
- "Ontario court finds discoverability rule applies to Competition Act claims," April 30, 2015, International Law Office
- "The (un)hired gun – Court of Appeal for Ontario holds that 'participant experts' not subject to requirements for expert witnesses," April 2015, www.nortonrosefulbright.com
- "US authorities help Competition Bureau to secure US-based documents," January 22, 2015, International Law Office
- "Fair enough – new Commercial List decisions reverse course on fairness opinions," June 2014, www.nortonrosefulbright.com
- "Fair enough – Commercial List reconsiders fairness opinions and the timing of plans of arrangement," April 2014, www.nortonrosefulbright.com
Memberships and activities
- Canadian Bar Association
- Ontario Bar Association
- Law Society of Upper Canada
- The Advocates’ Society
Join us for our Artificial Intelligence (AI) summit which will cover a range of business, ethical and legal issues around the topic of artificial intelligence..
Wednesday, November 15, 2017
The Ontario Superior Court of Justice held that communications between corporations and the Competition Bureau should not be protected by settlement privilege..
April 17, 2015
In a recent ruling, the Ontario Superior Court of Justice held that the discoverability principle applies to the limitation period imposed by section 36(4)(a)..
April 10, 2015
Andrew McCoomb comments that Canada is seen as a “problem region” by some countries with regard to the government regulations and start-ups..
June 29, 2018