Adam D.H. Chisholm

He | Him

Toronto

416.307.4209

[email protected]

Expertise Administrative & Public Law Capital Markets & Securities Energy Intellectual Property Litigation & Dispute Resolution

Language(s) Spoken

English

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

Industries

Energy

Practices

Representative Matters

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.).

Speaking Engagements

Opportunities and Challenges of Written Hearings Chair, Ontario Bar Association Professional Development, Toronto, Ontario

April 2018 Download File

Amending Pleadings Pleading Your Case Successfully, Ontario Bar Association Professional Development, Toronto, Ontario

April 2017 Download File

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

2009

Called to the Ontario bar

2021

Certificate in Blockchain StrategySaïd Business School, University of Oxford

2020

Canadian Securities Course

2008

LLBUniversity of Windsor

2004

B.Sc. (Honours)University of Western Ontario

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.

Feb 7, 2024

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.

Dec 28, 2023

Transformative Change: Your Guide to Canada’s Breathtaking Competition Act Changes

We provide a summary of far-reaching Competition Act amendments proposed in 2023.

Dec 5, 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.

Nov 16, 2023

“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.

Sep 27, 2023

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.

May 2, 2023

“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

Apr 25, 2023

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.

Nov 24, 2022

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.

Jun 27, 2022

What is the Capital Markets Tribunal?

This article provides further information about the new Capital Markets Tribunal.

May 5, 2022

Significant Changes Coming to Canada’s Competition Act

The Canadian federal government has introduced a series of significant changes to Canada's Competition Act.

May 3, 2022

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?

Apr 21, 2022

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

Dec 13, 2021

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.

Details

Wednesday, January 12, 2022

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.

Nov 17, 2021

Marketing Cryptocurrency Platforms in Canada

McMillan comments on joint securities administrator and IIROC guidance on cryptocurrency platform marketing.

Oct 29, 2021

Compounded Decisions on Claiming Compound Interest in Litigation

This article considers recent Federal Court jurisprudence with respect to the claiming of compound interest.

Aug 31, 2021

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.

Aug 16, 2021

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.

Jul 7, 2021

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.

May 12, 2021

Bears v. Bulls: Secondary Market Securities Class Actions in Ontario

A high-level overview of secondary market class actions under the Ontario Securities.

Nov 11, 2020

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.

Sep 28, 2020

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.

Jul 23, 2020

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.

Details

June 17, 2020 - 9:00 am to 10:00 am ET

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.

May 5, 2020

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.

Apr 16, 2020

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.

Mar 27, 2020

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

Mar 26, 2020

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.

Mar 25, 2020

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.

Mar 3, 2020