Adam Chisholm Photo
Adam Chisholm Photo
Adam Chisholm Photo

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. Adam is recognized as a Rising Star by Lexpert and a Litigation Star by Benchmark Litigation: Canada. He is also included on Benchmark’s 40 & Under Hot List.

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.



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.).


Teaching Engagements

  • 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


Rankings & Recognition

  • 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

  • Intellectual Property Institute of Canada (IPIC)
  • 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

Insights (45 Posts)

Featured Insight

Part 1 | 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.

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Nov 24, 2022
Featured Insight

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.

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Jun 27, 2022
Featured Insight

What is the Capital Markets Tribunal?

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

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May 5, 2022
Featured Insight

Significant Changes Coming to Canada’s Competition Act

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

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May 3, 2022
Featured Insight

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?

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Apr 21, 2022
Featured Insight

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

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Dec 13, 2021
Featured Insight

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
Featured Insight

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.

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Nov 17, 2021
Featured Insight

Marketing Cryptocurrency Platforms in Canada

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

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Oct 29, 2021
Featured Insight

Compounded Decisions on Claiming Compound Interest in Litigation

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

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Aug 31, 2021
Featured Insight

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.

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Aug 16, 2021
Featured Insight

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.

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Jul 7, 2021
Featured Insight

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.

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May 12, 2021
Featured Insight

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

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

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Nov 11, 2020
Featured Insight

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.

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Sep 28, 2020
Featured Insight

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.

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Jul 23, 2020
Featured Insight

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
Featured Insight

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.

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May 5, 2020
Featured Insight

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.

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Apr 16, 2020
Featured Insight

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.

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Mar 27, 2020
Featured Insight

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

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Mar 26, 2020
Featured Insight

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.

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Mar 25, 2020
Featured Insight

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.

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Mar 3, 2020
Featured Insight

No Insider Trading Without Clear Evidence

"The Ontario Securities Commission's decision on insider trading and importance of clear, convincing and cogent
evidence."

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Dec 19, 2019
Featured Insight

Cryptocurrency Securities Law Update – Platform Framework and Service Providers

Cryptocurrency is not necessarily a “security” under Canadian securities law.

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Aug 6, 2019
Featured Insight

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.

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Jun 4, 2019
Featured Insight

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.

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May 14, 2019
Featured Insight

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.

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Feb 7, 2019
Featured Insight

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.

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Nov 26, 2018

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

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Aug 1, 2018

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

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Jun 15, 2018
Featured Insight

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.

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May 18, 2018
Featured Insight

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.

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Feb 6, 2018
Featured Insight

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

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Jan 15, 2018
Featured Insight

Could Donald Trump Make America Great Again In Canada?

Could Donald Trump Make America Great Again In Canada?

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Jun 5, 2017
Featured Insight

New Federal Court Notice on Trial Management Guidelines

New Federal Court Notice on Trial Management Guidelines

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May 4, 2017
Featured Insight

Why use this slogan anywhere else?

Why use this slogan anywhere else?

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Feb 14, 2017
Featured Insight

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.

Details
November 3, 2016 - 7:30 am to 12:30 pm EST

Standard of Review Reform: Maybe Another Time?

Standard of Review Reform: Maybe Another Time?

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Oct 13, 2016

Judicial Review “Through the Looking Glass”: Issue-By-Issue Analysis

Judicial Review "Through the Looking Glass": Issue-By-Issue Analysis

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Feb 22, 2016

When Does Access Become Frivolous?

When Does Access Become Frivolous?

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Nov 10, 2015

Equitable Remedies at Tribunals? Only if Statutory

Equitable Remedies at Tribunals? Only if Statutory

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Jul 22, 2015
Featured Insight

The Emaciation of Ontario’s Labour Relations Board and Human Rights Tribunal

The Emaciation of Ontario's Labour Relations Board and Human Rights Tribunal

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Jun 25, 2015

What Fair is Fair? The Duty of Fairness Owed to RFP Proponents

What Fair is Fair? The Duty of Fairness Owed to RFP Proponents

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Jun 9, 2015

The Competition Tribunal Can Be Reviewed On Correctness

The Competition Tribunal Can Be Reviewed On Correctness

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Jan 31, 2015

Deals & Cases (4 Posts)

Featured Insight

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.

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Feb 19, 2020
Featured Insight

Thoma Bravo acquires technology-focused parking management systems provider T2 Systems

Thoma Bravo acquires technology-focused parking management systems provider T2 Systems

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Sep 29, 2016
Featured Insight

Sanatana Resources Inc. awarded significant costs by Ontario Mining and Lands Commissioner

Sanatana Resources Inc. awarded significant costs by Ontario Mining and Lands Commissioner

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May 1, 2015
Featured Insight

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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Aug 16, 2011