Mahmud Jamal, Partner, Litigation

Contact Information Bar Admission

[email protected] Ontario, 1996 tel: 416.862.6764

Education Areas of Expertise Yale Law School, LL.M. (Fulbright Scholar)

Class Actions McGill University, LL.B. and B.C.L.

Competition/Antitrust University of Toronto, B.A.

Litigation Office Language(s)

Toronto English, French

Biography

Mahmud’s national litigation practice includes the defence of class actions, constitutional and administrative law, competition/antitrust, pension, tax and other regulatory litigation. He has argued fifteen appeals before the Supreme Court of Canada in many different fields and defended three class action merits trials. He has also argued trials and appeals at all levels of court in Ontario, Quebec, British Columbia, and New Brunswick, at the Federal Court and Federal Court of Appeal, and before federal and provincial administrative tribunals such as the Competition Tribunal and Financial Services Tribunal. He is a former law clerk to the late Mr. Justice Charles D. Gonthier of the Supreme Court of Canada and to Mr. Justice Melvin L. Rothman of the Quebec Court of Appeal.

Notable Matters

Greater Toronto Airports Authority before the Supreme Court of Canada to defend federal jurisdiction over aeronautics (2009, under reserve); in a judicial review to secure Pickering Airport lands (GTAA and Attorney General of Canada v. Berrywoods Farms (2006), 208 O.A.C. 82, 19 M.P.L.R. (4th) 293 (Ont. Div. Ct.)); resisting an injunction in connection with tender process: Airport Limousine Drivers Association v. Greater Toronto Airports Authority, [2005] O.J. 3510 (S.C.J.), lv. to appeal dismissed; in an appeal on the legality of airport rates and charges (Air Canada v. Greater Toronto Airports Authority (2000), 130 O.A.C. 81 (C.A.)); in a leading case on the constitutional applicability of provincial laws to airports (GTAA v. Mississauga (2000), 50 O.R. (3d) 641 (C.A.), lv. to appeal to S.C.C. dismissed). Dell Canada Inc. before the Supreme Court of Canada in a case dismissing a consumer class action in favour of arbitration: Dell v. Union des consommateurs, [2007] 2 S.C.R. 281 (Identified by Lexpert as the most important case affecting business from 2007 in its feature “Top 10 Business Cases of 2007”); and in a product liability class action (ongoing): Griffin v. Dell Canada Inc., 2009 CanLII 18222 (S.C.), appeal dismissed 2010 ONCA 29. Canadian Bankers Association in a provincial reference before the Quebec Court of Appeal to determine the constitutionality of federal securities legislation (ongoing). Amex Bank of Canada in two class action merits trials and appeals challenging the constitutional applicability of the Quebec Consumer Protection Act to federally chartered banks (ongoing). Imperial Tobacco before the New Brunswick Court of Queen's Bench and Court of Appeal in challenging a contingency fee agreement concluded by the province's Attorney General. Dollar Financial Group, Inc. in motions, trials and appeals in Ontario and British Columbia involving the relationship between arbitration and class actions (ongoing). Mackinnon v. National Money Mart, 2009 BCCA 103 and Smith Estate v. National Money Mart Co., 2008 ONCA 746. Antitrust class actions on behalf of General Motors of Canada Limited (ongoing), NEC Corporation, and Lucite International. Tax litigation before the Federal Court, Federal Court of Appeal, and the Supreme Court of Canada: Canada (Minister of National Revenue) v. Welton Parent, [2006] F.C.J. 117 (F.C.) (Actuarial firm challenging requirements under the Income Tax Act); Placer Dome v. Ontario (Ministry of Finance), [2006] 1 S.C.R. 715, rev’g (2004), 190 O.A.C. 157 (C.A.) (taxation of hedging and financial derivatives under the Mining Tax Act); Rezek v. Canada, [2005] 3 C.T.C. 241 (Fed. C.A.) , lv. to S.C.C. dismissed (taxation of convertible hedging under Income Tax Act); and Gifford v. Canada, [2004] 1 S.C.R. 411 (interest deductibility). New Brunswick Forest Products Association in aboriginal rights and treaty litigation before the Supreme Court of Canada: R v. Sappier and Polchies; R. v. Gray, [2006] 2 S.C.R. 686; and R. v. Marshall; R. v. Bernard, [2005] 2 S.C.R. 220. Canadian Bar Association before the Supreme Court of Canada to protect solicitor­client privilege: Ontario v. Criminal Lawyers' Assn. (whether Mahmud Jamal, Partner, Litigation

government must abrogate privilege to promote freedom of expression) (under reserve); Privacy Commissioner of Canada v. Blood Tribe Department of Health, [2008] 2 S.C.R. 574 (whether regulators can abrogate privilege) (identified by Lexpert as one of the “Top 10 Business Cases of 2008”); and Celanese Canada Inc. v. Murray Demolition Corp., [2006] 2 S.C.R. 189 (removal of counsel for abrogating privilege). Canadian Civil Liberties Association before the Supreme Court of Canada to protect fundamental civil liberties such as freedom of religion and freedom of expression under the Charter: Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37; R. v. Bryan, [2007] S.C.R. 527; and Multani v. Commission scolaire Marguerite­Bourgeoys, [2006] 1 S.C.R. 256.

Affiliations

American Bar Association, Litigation and Antitrust Sections Canadian and Ontario Bar Associations Reviewable Matters and Private Actions Committee, Canadian Bar Association, Competition Law Section Advocates’ Society

Industry Recognition

Canadian Legal Lexpert Directory 2010: Litigation (Public) Best Lawyers in Canada 2011: Administrative and Public Law Lexpert’s Top 40 Lawyers Under 40 (2004)

Publications/Events/Education

Osgoode Hall Law School, Instructor (Administrative Law Remedies) and Director (Administrative Law LL.M. Program). McGill Law School (Comparative Constitutional Law), Former Lecturer. The Charter of Rights in Litigation (2 vols.), Canada Law Book, 2001+ (co­author). Recovering Unlawful Taxes After Kingstreet Investments, in Unjust Enrichment: Emerging Jurisprudence (ed. G. Radhika), 2008, pp. 181­195. Constitutional Issues In Canadian Competition Litigation (2004), 41 Can. Bus. L.J. 66­102.

Pro Bono/Community Work

Osler Pro Bono/Community Law Committee, Chair Canadian Civil Liberties Association, Member, Board of Directors Canadian Bar Association and Canadian Civil Liberties Association, Pro Bono Counsel