Adam D.H. Chisholm 

Adam D.H. Chisholm

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.307.4209
e: adam.chisholm@mcmillan.ca

overview

Adam D.H. Chisholm is a partner in the Commercial Litigation Group in the firm's Toronto office. Adam is a skilled and tenacious litigator with expertise in regulatory and intellectual property litigation. He is also well versed in administrative law and freedom of information/access to information law.

Adam is an experienced securities litigator. He has represented and advised clients involved in Ontario Securities Commission investigations and enforcement proceedings and has successfully tried issues related to securities blackout periods and corporate director responsibilities.

One of Adam's focuses is on intellectual property, including trade-mark litigation. He has pleaded cases involving both passing off and the provisions of the Trade-marks Act. He has acted for smaller private companies and larger publicly listed corporations and understands the importance of trade-marks to companies of all sizes. In order to deliver optimal results, Adam works closely with the firm's other intellectual property professionals to select the best route to protect clients’ trademarks, including appropriate licensing agreements, trade-mark applications, opposition proceedings and expungement proceedings

Adam has represented clients in a myriad of public law and administrative law forums such as those under the Securities ActMining ActCompetition Act and Freedom of Information and Protection of Privacy Act. He has particular expertise arguing judicial reviews and statutory appeals related to administrative decisions.

Adam has acted as litigation counsel before the Ontario Court of Appeal, the Ontario Superior Court of Justice (Divisional Court), the Ontario Superior Court of Justice, Ontario Small Claims Court and Federal Court.

Adam is privileged to have worked with members of Ontario's judiciary. Prior to joining McMillan, Adam clerked for a judge of the Ontario Court of Justice and worked as a research assistant for a judge of the Ontario Superior Court of Justice.

Representative Matters

Carter v. Minister of Revenue, 2010 ONSC 2825 (Div. Ct.).

Nemati v. Human Rights Tribunal of Ontario, 2011 ONSC 5431 (Div. Ct.).

The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, 2013 CACT 10 (Comp. Trib.).

Cardinal v Cleveland Indians Baseball Company Limited Partnership, 2016 ONSC 6929.

Hertz System, Inc. v. Herc Equipment Rentals, 2016 FC 1085.

969625 Ontario Ltd. v Goldstone Resources Inc., 2017 ONSC 879.

Sino-Forest Corporation (Re), 2017 ONSEC 27 (Ont. Sec. Comm.).

Presentations

Opportunities and Challenges of Written Hearings
Amending Pleadings
Freedom of Information and Protection of Privacy Act: What's the Harm in an Exemption?
Guardianship Applications
My Word or Theirs: An Advocate's Focus on Child Witnesses in Tribunal Hearings

Publications

TOP TWELVE THINGS TO KNOW - New Canadian Trademarks Act June 17, 2019
Trademark "Use" in the Normal Course of Trade: Revisited
What Does This Letter From The Ontario Securities Commission Mean?
Will my Securities Investigation Evidence be Subject to FIPPA?
SCC Supports LGBTQ Students In Balancing Religious Freedoms and Statutory Mandates
SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations
Intellectual Property Disputes, Resolutions & Remedies
The Supreme Court of Canada Set To Reconsider Judicial Review
Ontario's Whistleblower Regime: Civil Cause of Action for Reprisals Now Possible
The Top 10 Trademark Cases of 2017
Could Donald Trump Make America Great Again In Canada?
New Federal Court Notice on Trial Management Guidelines
Why use this slogan anywhere else?
Edmonton East: A Statutory Right of Appeal Does Not Create a New Category of Correctness
Standard of Review Reform: Maybe Another Time?
Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis
When Does Access Become Frivolous?
Equitable Remedies at Tribunals? Only if Statutory
The Emaciation of Ontario's Labour Relations Board and Human Rights Tribunal
What Fair is Fair? The Duty of Fairness Owed to RFP Proponents
The Competition Tribunal Can Be Reviewed On Correctness
Records Retention now an Access Issue
When is a Rule a Rule? American and Canadian Approaches
SCC Gives Advice on FIPPA "Advice"
Private (School) Decision Not Reviewable
Did the City of Toronto Council have the right to strip the Mayor of his powers?
A general question of correctness
Ontario Energy Board's power to order restitution confirmed
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Please don't copy this reasoning
Tribunal de-lists bureau's TREB case
Iron driver: Driving home the standard of review
Make me special: Government regulators and proximity
Winding-up, without limitation (periods)
Costs or no costs? Reasonable or correct?
Freedom of Information? But I'm a Corporation!
Security pledgees need not hire Watson
special case hearings in class action litigation: Taylor v Canada (Attorney General), 2011 ONCA 181.
Law Note - Letters Rogatory: Win or Pay?
Are Injuries in Ontario Enough?
Shine a Light: New Perspectives on Intentional Interference with Economic Relations
Law Note - Hunting Defendants in Ontario
Law Note - Finality of Tribunal Reasons
New Ontario Jurisdictional Rules for Foreign Defendants
Corporations Dealing with Vexatious Parties
"No, It's Their Fault, Really": Limiting the Right to Contribution and Indemnity Between Tortfeasors
Alternative Remedies to Construction Liens – PPSA and RSLA Remedies

News

McMillan LLP Announces 13 Equity Partner & Partner Promotions
Managing Intellectual Property has once again recognized McMillan LLP among the leading Canadian firms in the 2018 edition of IP Stars
McMillan's Competition/Antitrust Group Honoured at the 2015 Global Competition Review Awards
McMillan Honoured at Global Competition Review Awards

Education

  • University of Windsor, LLB - 2008
  • University of Western Ontario, B.Sc. (Hons.) - 2004

Year Of Call

  • Called to the Ontario bar - 2009

Practices

privacy and data protection
litigation
freedom of information and access to information
administrative law
business litigation
class actions
competition and antitrust
dispute resolution
securities litigation
intellectual property litigation

Industries

energy
electricity and utilities

Directorships and Professional Associations

  • Canadian Bar Association
  • Ontario Bar Association
  • Advocates' Society
  • Former Executive Member, OBA Administrative Law Section

Awards & Rankings

  • Global Competition Review Awards, Behavioural Matter of the Year – Americas (2014)
  • Law Society of Upper Canada Award for Outstanding Achievement in Legal Studies for top 15 cumulative academic ranking in LL.B. program (2008)
  • Robert H. Wilson Memorial Award for top academic standing in Law III (2008)
  • Carswell Prize for top academic standing in Law III (2008)
  • John H. Rodd K.C. Award in Conflicts for top academic standing in Conflicts of Private International Law (2008)
  • President's Roll (2006, 2008)
  • Stikeman Elliot/Carswell National Tax Award for top academic standing in Tax (2007)
  • Zuber Moot Best Factum Award (2007)
  • McMillan Binch Mendelsohn LLP Scholarship of Excellence (2006)
  • CCH Prize for top academic standing in Legal Research and Writing (2006)
  • Samia Rose Shaheen Memorial Award for best factum (2006)

Media Mentions

vcard

Adam D.H. Chisholm is a partner in the Commercial Litigation Group in the firm's Toronto office. Adam is a skilled and tenacious litigator with expertise in regulatory and intellectual property litigation. He is also well versed in administrative law and freedom of information/access to information law.

Adam is an experienced securities litigator. He has represented and advised clients involved in Ontario Securities Commission investigations and enforcement proceedings and has successfully tried issues related to securities blackout periods and corporate director responsibilities.

One of Adam's focuses is on intellectual property, including trade-mark litigation. He has pleaded cases involving both passing off and the provisions of the Trade-marks Act. He has acted for smaller private companies and larger publicly listed corporations and understands the importance of trade-marks to companies of all sizes. In order to deliver optimal results, Adam works closely with the firm's other intellectual property professionals to select the best route to protect clients’ trademarks, including appropriate licensing agreements, trade-mark applications, opposition proceedings and expungement proceedings

Adam has represented clients in a myriad of public law and administrative law forums such as those under the Securities ActMining ActCompetition Act and Freedom of Information and Protection of Privacy Act. He has particular expertise arguing judicial reviews and statutory appeals related to administrative decisions.

Adam has acted as litigation counsel before the Ontario Court of Appeal, the Ontario Superior Court of Justice (Divisional Court), the Ontario Superior Court of Justice, Ontario Small Claims Court and Federal Court.

Adam is privileged to have worked with members of Ontario's judiciary. Prior to joining McMillan, Adam clerked for a judge of the Ontario Court of Justice and worked as a research assistant for a judge of the Ontario Superior Court of Justice.

Carter v. Minister of Revenue, 2010 ONSC 2825 (Div. Ct.).

Nemati v. Human Rights Tribunal of Ontario, 2011 ONSC 5431 (Div. Ct.).

The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, 2013 CACT 10 (Comp. Trib.).

Cardinal v Cleveland Indians Baseball Company Limited Partnership, 2016 ONSC 6929.

Hertz System, Inc. v. Herc Equipment Rentals, 2016 FC 1085.

969625 Ontario Ltd. v Goldstone Resources Inc., 2017 ONSC 879.

Sino-Forest Corporation (Re), 2017 ONSEC 27 (Ont. Sec. Comm.).

May 2019
Trademark "Use" in the Normal Course of Trade: Revisited

Intellectual Property Bulletin

February 2019
What Does This Letter From The Ontario Securities Commission Mean?

Securities Litigation Bulletin

November 2018
Will my Securities Investigation Evidence be Subject to FIPPA?

Securities Litigation Bulletin

June 2018
SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations

Litigation and Administrative Law Bulletin

May 2018
Intellectual Property Disputes, Resolutions & Remedies

Volume 5, Ronald E. Dimock, Chapter 18 

February 2018
Ontario's Whistleblower Regime: Civil Cause of Action for Reprisals Now Possible

Securities Litigation and Employment Law Bulletin

January 2018
The Top 10 Trademark Cases of 2017

Intellectual Property Bulletin

June 2017
Could Donald Trump Make America Great Again In Canada?

Intellectual Property Bulletin

May 2017
New Federal Court Notice on Trial Management Guidelines

Intellectual Property Bulletin

February 2017
Why use this slogan anywhere else?

Intellectual Property and Litigation Bulletin

October 2016
Standard of Review Reform: Maybe Another Time?

Administrative Law Bulletin

November 2015
When Does Access Become Frivolous?
Privacy Bulletin
July 2015
Equitable Remedies at Tribunals? Only if Statutory
Administrative Law Bulletin
January 2015
Records Retention now an Access Issue
Litigation Bulletin
November 14, 2014
Can't we all get along?: A Federal and Provincial Tribunal as part of Securities Reform
Ontario Bar Association: Administrative Law Section
July 11, 2014
Is it Correct to Defer?
Ontario Bar Association: Administrative Law Section
July 2014
Will "Deferential Correctness" Impact Your Business?
TerraLex Connections - Newsletter
June 2014
SCC Gives Advice on FIPPA "Advice"
Litigation Bulletin
April 2014
Private (School) Decision Not Reviewable
Litigation Bulletin
December 6, 2013
Pieters: Reviewing adjudicative reasonableness as well as racism
Ontario Bar Association: Administrative Law Section
August 2013
A general question of correctness
Litigation Bulletin
June 2013
Competition Tribunal Confirms that Abuse of Dominant Market Conduct requires Acts directed at Injuring or Excluding Competitors
Toronto Law Journal
June 2013
Please don't copy this reasoning
Litigation Bulletin
April 2013
Tribunal de-lists bureau's TREB case
Competition Bulletin
January 2013
Iron driver: Driving home the standard of review
Litigation Bulletin
January 2012
Winding-up, without limitation (periods)
Securities and Corporate Governance Litigation Newsletter
November 2011
Costs or no costs? Reasonable or correct?
Employment and Labour Bulletin
October 2011
Freedom of Information? But I'm a Corporation!
Privacy Bulletin
July 2011
Security pledgees need not hire Watson
Financial Services Litigation Bulletin
Winter 2010
Law Note - Letters Rogatory: Win or Pay?
InBrief Winter 2011, Commercial Litigation Brief Fall 2010
Winter 2010
Are Injuries in Ontario Enough?
InBrief Winter 2011
June 2010
Law Note - Hunting Defendants in Ontario
InBrief Summer 2010
June 2010
Law Note - Finality of Tribunal Reasons
InBrief Summer 2010
April 2010
New Ontario Jurisdictional Rules for Foreign Defendants
Commercial Litigation Brief Spring 2010
March 2010
Corporations Dealing with Vexatious Parties
InBrief Spring 2010
November 2009
"No, It's Their Fault, Really": Limiting the Right to Contribution and Indemnity Between Tortfeasors
Canadian Insurance Law Reporter, CCH Newsletter, April 2010 and Commerical Litigation Brief Fall 2009
February 2009
Alternative Remedies to Construction Liens – PPSA and RSLA Remedies

Hot Topics in Construction Law, Ontario Bar Association Canadian Institute of Continuing Legal Education

April 2018
Opportunities and Challenges of Written Hearings
Chair, Ontario Bar Association Professional Development, Toronto, Ontario
April 2017
Amending Pleadings
Pleading Your Case Successfully, Ontario Bar Association Professional Development, Toronto, Ontario
November 2016
Ontario's Freedom of Information Act: Corporations Strike Back
Privacy, Data Protection and Cybersecurity Seminar, Toronto, Ontario
December 2011
Freedom of Information and Protection of Privacy Act: What's the Harm in an Exemption?
Information Privacy and Data Protection - Technology, Security and Corporate Responsibility in Today's Marketplace, Lexpert
March 2010
Guardianship Applications
Ontario Federation for Cerebral Palsy's Tax Seminar
February 2008
My Word or Theirs: An Advocate's Focus on Child Witnesses in Tribunal Hearings
Windsor Law Student Conference