- Rovi Guides, Inc. v. Videotron G.P., 2019 FC 1220, aff’d 2019 FCA 321.
- In the Matter of The Catalyst Capital Group Inc, File No. 2019-41.
- Sino-Forest Corporation (Re), 2017 ONSEC 27 (Ont. Sec. Comm.).
- 969625 Ontario Ltd. v Goldstone Resources Inc., 2017 ONSC 879.
- Cardinal v Cleveland Indians Baseball Company Limited Partnership, 2016 ONSC 6929.
- Hertz System, Inc. v. Herc Equipment Rentals, 2016 FC 1085.
- The Commissioner of Competition v. Visa Canada Corporation and MasterCard International Incorporated, 2013 CACT 10 (Comp. Trib.).
- Nemati v. Human Rights Tribunal of Ontario, 2011 ONSC 5431 (Div. Ct.).
- Carter v. Minister of Revenue, 2010 ONSC 2825 (Div. Ct.).
Adam D.H. Chisholm
Adam Chisholm is a skilled and tenacious litigator known for his expertise in capital markets and securities, intellectual property (IP) and administrative and public law. He has led teams at all levels of court in Ontario, in addition to the Federal Court and Federal Court of Appeal. He has rankings and recognitions from top publications such as Lexpert, Benchmark Litigation, Chambers and Best Lawyers.
An experienced securities litigator, Adam represents clients in contested transactions, investigations and enforcement proceedings before the Ontario Securities Commission. He also appears at trial, successfully arguing civil matters concerning securities blackout periods and corporate director responsibilities.
With a focus on intellectual property including trademark litigation, Adam pleads cases involving passing off and other provisions of the Trademarks Act. He acts for smaller private companies and large, publicly listed corporations, understanding the importance of trademarks to companies of all sizes. Adam also litigates matters relating to patent disputes and confidential information.
With significant experience attacking and defending administrative decisions, Adam advises institutions and private clients on tribunal decision-making. He acts in a myriad of public law and administrative law proceedings, including those under the Securities Act, the Mining Act, the Competition Act and the Freedom of Information and Protection of Privacy Act.
Expertise
Representative Matters
Speaking Engagements
Teaching Engagements
- Winter 2021-2024 – Term Adjunct Lecturer, Faculty of Law, Queen’s University, Securities Litigation
- November 2021, 2023 – Guest Lecturer, Osgoode Hall Law School, Innovation in Payments: Cryptocurrency, Blockchain
- February 2023 – Guest Lecturer, Windsor Law, Securities Law: Compliance, Litigation and Enforcement
- April 2021 – Guest Lecturer, Faculty of Law, Queen’s University, Securities Regulation
- November 2021 – Guest Lecturer, Osgoode Hall Law School, Innovation in Payments: Cryptocurrency, Blockchain
- Winter 2021 – Term Adjunct Lecturer, Faculty of Law, Queen’s University, Securities Litigation
- April 2021 – Guest Lecturer, Faculty of Law, Queen’s University, Securities Regulation (Securities Enforcement Lecture)
News
Media Mentions
- “Adam Chisholm Spoke to CBC News on OREA’s New Benefits Package“, CBC News (January 21, 2024)
- “Lawyer joins ORWP fray, files complaints with Human Rights Tribunal of Ontario,” by Susan Doran, Real Estate Magazine (November 10, 2023)
- “Are Employee Defamation Cases a Fool’s Errand?” by Adam D. H. Chisholm, Dave J. G. McKechnie and Khaleed Mawji, Employment and Labour Law Reporter, Vol. 33, Number 8 (November 2023)
- “Despite OSC ban, this crypto exchange still operates as if nothing happened,” by Ethan Lou, Globe and Mail (September 9, 2022)
- “Q&A with 40 & Under Star Adam Chisholm of McMillan,” Benchmark Litigation (July 2020)
- “Minimise the maelstrom,” Association of Chartered Certified Accountants, Accounting and Business (June 2020)
- “Four Toronto lawyers newly appointed to Ontario’s securities proceedings advisory committee,” by Bernise Carolino, Canadian Lawyer (February 21, 2020)
- “Catalyst questions independence of HBC special committee at OSC hearing,” by Jake Edmiston, Financial Post (December 12, 2019)
- “Richard Baker may have to sweeten HBC bid by 10 per cent to sway shareholders, analyst says,” by Rachelle Younglai and Jeffrey Jones, The Globe and Mail (December 12, 2019)
- “Battle heats up between Catalyst and Hudson’s Bay over privatization bid,” by Rachelle Younglai and Jeffrey Jones, The Globe and Mail (December 11, 2019)
- “Empty Docket,” by Brent Dowdall, CBA National Magazine (December 2019)
- “What to consider as OSC to pay $7.5M to three whistleblowers,” BNN Bloomberg (March 2019)
- “Lawyers worried about 10-year cap on tribunal appointments,” by Marg. Bruineman, Law Times (September 2015)
Rankings & Recognition
- Recognized by Best Lawyers in Canada (2025) as a leading lawyer in the areas of Administrative and Public Law, Corporate and Commercial Litigation, and Securities Law
- Recognized in the 2024 Benchmark Litigation: Canada Guide
- Recognized in the 2024 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the areas of Competition Law and Litigation – Securities
- Recognized by Chambers Canada (2024) as a leading lawyer in the area of Litigation: Securities
- Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Litigation Lawyers as a Leading Litigation Lawyer
- Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Administrative and Public Law
- Recognized in the 2023 Lexpert Special Edition on Canada’s Leading Technology and Health Sciences Lawyers as a Technology Lawyer
- Recognized in the 2023 Benchmark Litigation: Canada Guide as a Litigation Star
- Recognized in the 2023 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the areas of Competition Law and Litigation: Securities
- Recognized by Chambers Canada (2023) as a leading lawyer in the area of Litigation: Securities (Ontario)
- Recognized by Best Lawyers in Canada (2023) as a leading lawyer in the area of Administrative and Public Law
- Recognized in the 2022 Benchmark Litigation Canada’s 40 & Under Hot List! as a leading litigator
- Recognized in the 2022 Benchmark Litigation: Canada Guide as a Litigation Star
- Recognized by Chambers Canada (2022) as a leading lawyer in the area of Litigation: Securities (Ontario)
- Recognized by Best Lawyers in Canada (2022) as a leading lawyer in the area of Administrative and Public Law
- Recognized in the 2021 Benchmark Litigation Canada’s 40 & Under Hot List! as a leading litigator
- Recognized in the 2021 Benchmark Litigation: Canada Guide as a Litigation Star
- Recognized in the 2021 Canadian Legal Lexpert Directory as a Repeatedly Recommended Lawyer in the area of Competition Law
- Recognized in the 2021 Lexpert Special Edition on Canada’s Leading Technology Lawyers as a Leading Technology Lawyer
- Winner in the Lexpert 2020 Rising Stars Awards: Leading Lawyers Under 40
- Recognized in the 2020 Benchmark Litigation’s 40 & Under Hot List as a leading litigator
- Recognized in the 2020 Benchmark Litigation: Canada Guide as a Future Star
- 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)
Directorships & Affiliations
- International Trademark Association (INTA), Unfair Competition Committee
- Former Executive Member, OBA Administrative Law Section
Education & Admissions
Publications
- “Despite FTX implosion, overzealous crypto enforcement is not the answer,” The Globe and Mail (November 10, 2022)
- “Confidentiality of a Compelled Testimony is Affirmed by the Ontario Securities Commission,” Canadian Securities Law News (June 2022)
- “Intellectual Property 2021 Year in Review,” (January 2022)
- “Book Review of The Guide to Energy Arbitrations,” by John William Rowley, ed, (2021) 9:3 EQR, online: Energy Regulation Quarterly (October 2021)
- “The QuadrigaCX Report: Enforcement Against The Ether,” Securities Newsletter, Sec. L. Nws. 2020-04 (September 2020)
- “No Family Resemblance in Ontario Securities Law: Ontario Securities Commission v. Tiffin,” Securities Newsletter, Sec. L. Nws. 2020-03 (July 2020)
- “Cross-Border Copyright Guide 2019,” TerraLex, page 20 (January 2019)
- “Intellectual Property Disputes, Resolutions & Remedies,” Volume 5, Ronald E. Dimock, Chapter 18 (May 2018)
Insights (52 Posts)View More
FinTech: 2023 Legal Year in Review
The FinTech industry in Canada was impacted by significant regulatory developments in 2023. Explore the key updates in our year-in-review summary.
Competition Act Amendments Proceed at Pace
Bill C-56, the Affordable Housing and Groceries Act, part of the federal government’s efforts to overhaul the Competition Act, has received Royal Assent.
Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes
We provide a summary of far-reaching Competition Act amendments proposed in 2023.
Please Pay the Ferryman: OSC Seeks to Levy Additional Fees on Registered and Unregistered Crypto Asset Trading Platforms (CTPs)
The OSC proposed amendments to OSC Rule 13-502 Fees and OSC Rule 13-503 (Commodity Futures Act) Fee and its impact on crypto asset trading platforms.
“Mend your speech a little, lest it may mar your fortunes”: Are Employee Defamation Cases A Fool’s Errand?
This bulletin discusses the recent decision in Williams v. Vac Developments Limited regarding gag defamation proceedings commenced by employers.
AI Regulatory Roundup – International Developments in AI Law and Policy
An overview of recent Canadian and international developments related to the regulation of artificial intelligence technologies.
“But Everybody Does It”: Appellate Guidance on “Innocuous” Conduct Involving IIROC
Reviews a recent Ontario appellate decision about a former registered representative who challenged enforcement action on grounds that his conduct was innocuous
Capital Markets Podcast: The Clash Between Securities Law and Crypto
Are you curious about the intersection of crypto and securities law? This podcast dives into the future of crypto law and the current state of crypto regulations in Canada.
Round One of Competition Act Amendments Passed; National Security Review Regime Amended
New amendments to the Competition Act were passed today as part of the budget implementation bill.
What is the Capital Markets Tribunal?
This article provides further information about the new Capital Markets Tribunal.
Significant Changes Coming to Canada’s Competition Act
The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.
Confidentiality of Compelled Testimony is Affirmed by the Ontario Securities Commission
Compelled testimony provided to the OSC is confidential. But what happens when Commission Staff discloses testimony without complying with the Securities Act?
Secondary Market Liability Securities Claims: Evidence Needed For Leave
This case comment discusses a recent British Columbian decision about secondary market claims for misrepresentation and when leave will be granted
Canadian Blockchain Webinar – Cryptocurrency, Digital Assets and NFTs: Learn about different Canadian legal facets of the blockchain revolution
Join McMillan lawyers from a variety of legal fields as they walk through the law of blockchain, cryptocurrency and NFTs. This multi-disciplinary webinar will feature content of interest to all levels of experience in this innovative space. Speakers from industry and other jurisdictions are scheduled to appear to provide their insights on background, modern-day compliance and future issues.
Protection of Virtual Goods Through Tokenized Technology
Real world brands are increasingly looking to NFTs and virtual online presences as the next frontier to market their products.
Marketing Cryptocurrency Platforms in Canada
McMillan comments on joint securities administrator and IIROC guidance on cryptocurrency platform marketing.
Compounded Decisions on Claiming Compound Interest in Litigation
This article considers recent Federal Court jurisprudence with respect to the claiming of compound interest.
NFTs and Implications Under Canadian Securities Law
This article discusses the treatment of non-fungible tokens (NFTs) as securities and related regulatory considerations in Canada.
Canadian Regulatory Direction and Pressure for Cryptocurrency Platforms
Canadian regulators affirm their position on 'crypto trading platforms' through CSA Staff Notice 21-329 and subsequent enforcement action.
Capital Markets Modernization Taskforce Recommendations – Modernizing Enforcement and Enhancing Investor Protection
McMillan commentary on the Capital Markets Modernization Taskforce's recommendations regarding Enforcement and Enhancing Investor Protection.
Bears v. Bulls: Secondary Market Securities Class Actions in Ontario
A high-level overview of secondary market class actions under the Ontario Securities.
Out with the New, In with the Old: The F.C.A. provides Clarity on its Ability to interpret Contracts
The FCA re-affirms the Kellogg and Clopay decisions regarding the Federal Court's ability to interpret contracts. For more details, please read the bulletin.
Clorox v Chloretec: The Application of Vavilov in the Trademarks Context
The Federal Court of Appeal confirms the application of the appellate standard of review framework to trademark opposition board decisions.
Understanding Securities Law Impacts on Emerging Market Issuer Directors and Officers
Any current or aspiring director or officer of a Canadian-listed company with operations in Asia, South America, Africa and Eastern Europe will find this presentation of eminent value.
No Family Resemblance: The Court of Appeal Rules on Interpretation of “Security” and Custodial Sentences
The Ontario Court of Appeal's decision in Ontario Securities Commission v. Tiffin provides guidance on what constitutes a "security" and custodial sentences.
Canadian White-collar Crime Perspectives: Government Investigations and COVID-19
This piece explores the likely impact of COVID-19 on white-collar crime issues in Canada and how regulators are reacting to the pandemic.
Bill C-13 Receives Royal Assent: Change to the Canadian Patent Landscape in Response to COVID-19
All levels of Canadian government are taking extraordinary steps in response to the public health emergency of COVID-19.
COVID-19: Seeking Court Relief Regarding the Disease of Trademark Infringement
This article addresses challenges in using Canada's courts to deal with trademark infringement matters during the COVID-19 pandemic
COVID-19: “Essential” Information About the Consequences of Continuing to Operate a “Non-Essential Business” in Ontario and Québec
An outline of the potential consequences to continuing to operate a business ordered to close by the governments of Quebec and Ontario.
The HBC Privatization: OSC Provides New Guidance For a Special Committee Process and Reconfirms Disclosure Obligations in Conflict of Interest Transactions
Ontario Securities Commission provides new guidance regarding the role and responsibilities of a special committee in a conflicted going private transaction.
No Insider Trading Without Clear Evidence
"The Ontario Securities Commission's decision on insider trading and importance of clear, convincing and cogent
evidence."
Cryptocurrency Securities Law Update – Platform Framework and Service Providers
Cryptocurrency is not necessarily a “security” under Canadian securities law.
TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
Trademark “Use” in the Normal Course of Trade: Revisited
The recent Federal Court of Appeal decision in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP [1] ("Cosmetic Warriors") revisits what constitutes “use” of a trademark in the normal course of trade.
What Does This Letter From The Ontario Securities Commission Mean?
A company contacted by the Enforcement Branch of the Ontario Securities Commission (“Commission”) is often unfamiliar with the context of the document that it has received.
Will my Securities Investigation Evidence be Subject to FIPPA?
It is generally safe to assume that records given to government institutions will be subject to freedom of information/access to information legislation.
SCC Supports LGBTQ Students In Balancing Religious Freedoms and Statutory Mandates
June 15, 2018, Supreme Court upheld the Ontario and British Columbia Law Societies' decisions to deny accreditation to TWU's proposed law school, a 7-2 decision
SCC Says Judges Have No Business Reviewing Decisions of Voluntary Associations
The recent Supreme Court of Canada decision in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall[1] holds that judges have no business
The Supreme Court of Canada Set To Reconsider Judicial Review
The Supreme Court's decision will have important implications on parties who find themselves appealing a tribunal or administrative decision.
Ontario’s Whistleblower Regime: Civil Cause of Action for Reprisals Now Possible
New statutory cause of action added to Ontario's securities legislation, meaning that reprisal claims by whistleblowers may be filed in court or through arbitration.
The Top 10 Trademark Cases of 2017
McMillan LLP's Intellectual Property group welcomes readers into 2018. Our gift is a top 10 list of trademark cases from Canadian case law from 2017
Could Donald Trump Make America Great Again In Canada?
Could Donald Trump Make America Great Again In Canada?
New Federal Court Notice on Trial Management Guidelines
New Federal Court Notice on Trial Management Guidelines
Privacy, Data Protection and Cybersecurity Seminar
As organizations are increasing their investment in data safeguards, McMillan’s Privacy Group would like to help our clients understand their core privacy, data protection and cybersecurity obligations and related legal issues.
Standard of Review Reform: Maybe Another Time?
Standard of Review Reform: Maybe Another Time?
Judicial Review “Through the Looking Glass”: Issue-By-Issue Analysis
Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis
Equitable Remedies at Tribunals? Only if Statutory
Equitable Remedies at Tribunals? Only if Statutory
The Emaciation of Ontario’s Labour Relations Board and Human Rights Tribunal
The Emaciation of Ontario's Labour Relations Board and Human Rights Tribunal
What Fair is Fair? The Duty of Fairness Owed to RFP Proponents
What Fair is Fair? The Duty of Fairness Owed to RFP Proponents
The Competition Tribunal Can Be Reviewed On Correctness
The Competition Tribunal Can Be Reviewed On Correctness
Deals & Cases (4 Posts)
The Catalyst Capital Group Inc.
McMillan acted as lead counsel to The Catalyst Capital Group Inc. in connection with its successful fight to increase the offer price in the acquisition of Hudson’s Bay Company.
Thoma Bravo acquires technology-focused parking management systems provider T2 Systems
Thoma Bravo acquires technology-focused parking management systems provider T2 Systems
Sanatana Resources Inc. awarded significant costs by Ontario Mining and Lands Commissioner
Sanatana Resources Inc. awarded significant costs by Ontario Mining and Lands Commissioner
Premier Gold Mines Limited Completes $104 million Acquisition of Goldstone Resources Inc.
Premier Gold Mines Limited Completes $104 million Acquisition of Goldstone Resources Inc.
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