John Lorn McDougall | Fraser Milner Casgrain LLP

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John Lorn McDougall Q.C., FCIArb, Counsel & Partner Emeritus

John Lorn’s practice encompasses virtually all aspects of corporate/commercial litigation, and his expertise in trial and appellate advocacy is reflected in leading cases in many different areas of the law. He is certified as a specialist in Civil Litigation by the Law Society of Upper Canada. As one of the leading civil litigation lawyers in Canada, he has appeared in a wide variety of complex cases in the courts and in arbitrations, including class actions. He has also had extensive experience in international commercial arbitration. He was appointed Queen’s Counsel in 1980, and was elected to the American College of Trial Lawyers in 1989.

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Representative Work

Represented Canadian Wheat Board to fight Government legislation to end the Board’s monopoly in Canadian wheat and barley (2011-2012)

Represented Bayer AG in the successful defence of a $40 million claim by the vendor of a multi-billion dollar petrochemical business (2011)

Chair of the ICC arbitration arising out of frauds at an Austrian Bank subject to New York law, seated in New York City (2011)

Chair of an ICDR arbitration arising out of claims between reinsurance and medical insurance providers in the USA. Subject to California law seated in New York City (2010).

Member of arbitration tribunal constituted under ICDR rules in dispute between Swiss-based commodities broker and US-based aluminium smelter (2009)

Represented KPMG LLP in defence of an Ontario class action filed on behalf of former employees with respect to unpaid overtime (2009)

Represented TransCanada PipeLines before the Ontario Court of Appeal in a cross Canada class action brought by owners of land adjacent to the pipelines

Successful defence of K.Y. Ho on charges of insider trading; Ho was a founder, and the chairman and president of one of Canada’s most successful computer related companies and was charged with insider trading as a result of a multi-million dollar charitable gift of shares

Representation of KPMG in the Hollinger/Black litigation; KPMG was the auditor of the Hollinger group of companies, which following revelation of alleged management frauds, has led to multi-jurisdictional litigation and regulatory proceedings

Defence of the Deloitte & Touche partners charged with professional misconduct over the Livent audit, in a precedent setting prosecution

Retained by the auditors of Livent Inc., YBM Magnex Inc. and Hollinger Inc. in respect of class action litigation and regulatory investigations in Canada and the United States

Deloitte & Touche v. Ontario Securities Commission: A 2003 Supreme Court of Canada decision concerning disclosure obligations of the OSC

Bank of Credit & Commerce International: Advising the liquidators of BCCI and ICIC with respect to pooling, cost and recovery sharing, international litigation strategy and other matters pertaining to the global liquidation of BCCI

Carey v. Queen: A Supreme Court of Canada case with respect to cabinet immunity where the government of Ontario was compelled to produce cabinet documents

Bauer v. Bank of Montreal: A Supreme Court of Canada decision regarding admissibility of collateral evidence to vary banking documents

B.P. Libya v. Nelson Bunker Hunt: First Mareva injunction in Canada

Inquiry into the Petroleum Industry: Counsel for a major integrated oil company in a 10-year antitrust inquiry and related legal proceedings

Corona Corp. v. LAC Minerals: Counsel for the defendant in a leading case concerning fiduciary duty and breach of confidence

Inquiry into Crown Trust etc.: Counsel to the inquiry into the Cadillac Fairview - Ontario Trust Company matters

Inquiry respecting the Honourable Sinclair Stevens: Counsel for one of the Federal Government agencies involved in an inquiry into conflicts of interest of a member of cabinet

Rt. Honourable Lynden Pindling v. National Broadcasting Company, Inc.: Counsel for the defendants in a libel case involving allegations of improper payments to the plaintiff

Allman v. Northwest Territories: Counsel for parties attacking the constitutionality of a plebiscite in favour of the division of the N.W.T. into two parts

Northland Bank v. Willson: Counsel for the Liquidator in an action against the former officers, directors and auditors of a failed chartered bank

St. Lawrence Starch v. Canadian Import Tribunal: A Supreme Court of Canada case involving the principles determining when domestic legislation must be interpreted to follow international treaty obligations

Lloyds Bank plc: An international arbitration with another international bank, held in Vancouver

Olympia & York, Bramalea Inc, Cadillac Fairview: Acted for major lenders in the insolvency proceedings and court-supervised restructurings of these real estate development companies

Bre-X litigation: Acting for a major U.S. investment bank involved in the litigation arising from a gold mining fraud

Publications

PLC Dispute Resolution Handbook 2011-2012, Practical Law Company, 2011

International Arbitration & Dispute Resolution Guide – Canada, Global Business Magazine, March 2011

PLC Dispute Resolution Handbook/Arbitration Handbook 2010-2011, June 2010

“Distribution of Powers in the Canadian Legal System”, Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada, November 2008

“Last Impressions: The Role of Closing Argument”, presented at The Advocates’ Society Civil Litigation Skills Certificate Program: A Trial from A to Z, Toronto, Ontario, April 3, 2008

“Behaviour Modification in Class Actions: A Chimera?”, Butterworths' Class Action Defence Quarterly, Vol. 2, No. 2, December 2007

"Trends in International Arbitration", Law Society of Upper Canada, Advanced Commercial Arbitration, April 30, 2007

“Country Q & A - Global Dispute Resolution”, PLC Cross-Border Handbooks, July 2006

“Thoughts on Discovery in International Arbitration”, delivered at the Commercial Bar Association (COMBAR), Rome, Italy, June 2, 2006

“The Role of ADR in Cross-Border Canadian Corporate Restructuring”, delivered at the International Bar Association’s “Restructuring Among the Ruins”, Athens, Greece, May 7-9, 2006

“What Can Be Learned from Procedures in International Commercial Arbitration”, delivered at The Canadian Institute’s “Managing Complex Litigation”, Toronto, Ontario, April 24-25, 2006

“Privilege Issues and the Barrister's Brief”, Delivered at COMBAR North American Meeting, Barcelona, Spain, June 4-5, 2004

“Supreme Court Affirms International Comity in Enforcement of Judgments”, International Law Office, May 2004

“Indirect Purchaser Class Action Refused Leave to Appeal”, International Law Office, September 2003

"Interpretation and Enforcement: Arbitration Clauses, Expert Determination Clauses and Mediation Clauses: The Canadian Experience", January 2003

"The Role of the Forensic Accountant in International Commercial Arbitration", September 2002

"What Happens to the Rights of Canadian Creditors in Cross-Border Insolvencies? A Case Comment on Re. Philip Services Corp. and Deloitte & Touche", North American Corporate Lawyer, January 2000

“The Role of ADR in Cross-Border Canadian Corporate Restructuring”, International Bar Association’s “Restructuring Among the Ruins”, Athens, Greece, May 7–9, 2006

“What Can Be Learned from Procedures in International Commercial Arbitration”, The Canadian Institute’s “Managing Complex Litigation”, Toronto, Ontario, April 24–25, 2006

“Thoughts on Discovery in International Arbitration”, ICC International Commercial Dispute Resolution Conference, Charleston, South Carolina, March 26–28, 2006 and the Commercial Bar Association’s North American Meeting 2006, Rome, Italy, June 2, 2006

“Establishing Economic Loss, Special Lectures”, Law Society of Upper Canada, 2005: The Modern Law of Damages, Toronto, 2005

“New Developments in Securities Litigation. Understanding and Minimizing Your Clients' Exposure in Light of Recent Decisions”, with James A. Hodgson and Susan Kushneryk,, the Canadian Institute's 4th Annual Advanced Forum on Securities Litigation, Toronto, November 29-30, 2004

“Vanishing Borders? Recent Developments in U.S. and International Class Actions”, The Canadian Institute's 5th Annual National Forum on Litigating Class Actions, Toronto, October 1, 2004

“Privilege Issues and the Barrister's Brief”, with Earl Cherniak, Susan Kushneryk and Christine Snow, The Advocates' Society's Advocacy: "The Art of Persuasion", Toronto, Ontario, 2004

“Supreme Court of Canada Affirms International Comity in Enforcement of Judgments”, with Brian Leonard and Meghan Thomas, International Law Office Legal Newsletter, April 18, 2004

“The Nature of Class Actions: Some Thoughts on Recent Developments”, with Randy Bennett, The Canadian Institute's 4th Annual National Forum on Litigating Class Actions, Toronto, Ontario, September 30, 2003

“Assessing Your Case Before Trial: A Reality Check”, The Art and Science of Trial Advocacy conference, co-sponsored by the American College of Trial Lawyers and the Advocates' Society, Toronto, May 2, 2003

“Disputes and Alternative Dispute Resolution in Today's Business Environment”, Canadian Business Magazine, 2003

“Product Liability: Recent Developments in Canadian Law”, with Meghan Thomas, Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, 2003

“The Role of the Forensic Accountant in International Commercial Arbitration”, with Michael D. Schafler, The Alliance for Excellence in Investigative and Forensic Accounting Conference, Toronto, Ontario, September 9, 2002

“International Jurisdiction Through the Surrender of Sovereignty: A Critical Analysis of the Canadian Approach”, with R.S. Bennett, The Commercial Bar Association of England and Wales, London, May 12, 2000

“What Happens to the Rights of Canadian Creditors in Cross-Border Insolvencies?”, with Michael D. Schafler, North American Corporate Lawyer, Vol. V, No. 3, 2002

“Strike Suits: A Canadian View”, with Brian R. Leonard, Canadian Bar Association, March 5, 1999

“Cross Border Judicial Assistance”, The Commercial Bar Association, Venice, Italy, May 1998

“Privity and the Third Party Beneficiary; The Nature of the "Incremental Change", Canadian Law, April 1997

International Commercial Litigation, 2nd edition(contributed Canadian law portion), Butterworths -Heinemann, London, England, 1997

“Case Management and the Commercial List, A Canadian Approach”, North American Committee Meeting, The Commercial Bar Association, New York City, 1995

“Olympia & York: International Insolvency from a Canadian Perspective”, Association Internationale des Jeunes Avocats, Windsor, England, 1994

“The Relationship of Confidence, The Second International Symposium on Trusts, Equity and Fiduciary Relationships”, Waters, D.W.M. ed., Equity, Fiduciaries and Trusts, Carswell, 1993

“Forum Shopping in Canada”, The Commercial Bar Association, Bermuda, 1993

“Fiduciary Liability in the Corporate Setting”, Canadian Corporate Counsel Association, Québec City, Quebec, 1993

“The New Risks to Professionals Advising in Commercial Transactions”, The Advocates' Society, Niagara-on-the-Lake, Ontario, 1992

“Auditors’ Negligence: Avoiding Liability”, Canadian Institute, Toronto, 1992

“Cross-Border Litigation”, paper delivered in Québec City to Georgia Bar, 1991

International Commercial Litigation (Canadian portion), Butterworths -Heinemann, London, England, 1990

“The New Fiduciary Duty”, The Canadian Bar Association, March 2-4, 1989

“The Common Law Duty of Confidentiality”, The Canadian Institute, Toronto, Ontario, 1987

“Privilege in Civil Cases”, Special Lectures Law Society of Upper Canada, 1984

Prior Speaking Engagements

Panel Member, “10 Things You Need to Know About ADR”, Seminar Series on the New Ontario Continuing Professional Development (CPD) Requirements (Ontario), February 10, 2011

Presenter, New Arbitration Rules 2011, New York

Panel Member, “Insider Insights in Complex Energy Disputes”, ITA-CBAr Joint Conference on International Arbitration, Sao Paulo, Brazil, September 22, 2008

Presenter: Last Impressions: The Role of Closing Argument, delivered at The Advocates’ Society’s “Civil Litigation Skills Certificate Program: A Trial from A to Z”, Toronto, Ontario, April 3, 2008

Presenter: The Role of ADR in Cross-Border Canadian Corporate Restructuring, delivered at the International Bar Association’s “Restructuring Among the Ruins”, Athens, Greece, May 7 – 9, 2006

Presenter: What Can Be Learned from Procedures in International Commercial Arbitration, delivered at The Canadian Institute’s “Managing Complex Litigation”, Toronto, April 24 – 25, 2006

Presenter: Thoughts on Discovery in International Arbitration, delivered at the ICC International Commercial Dispute Resolution Conference, Charleston, South Carolina, March 26 – 28, 2006 and delivered at the Commercial Bar Association’s North American Meeting 2006, Rome, Italy, June 2, 2006

Presenter: Establishing Economic Loss, presented at Special Lectures, Law Society of Upper Canada, 2005: The Modern Law of Damages, Toronto, April 20 & 21, 2005

Presenter: New Developments in Securities Litigation. Understanding and Minimizing Your Clients' Exposure in Light of Recent Decisions, with James A. Hodgson and Susan Kushneryk, presented at The Canadian Institute's 4th Annual Advanced Forum on Securities Litigation, Toronto, November 29 & 30, 2004

Presenter: Vanishing Borders? Recent Developments in U.S. and International Class Actions, presented at The Canadian Institute's 5th Annual National Forum on Litigating Class Actions, Toronto, October 1, 2004

Presenter: Privilege Issues and the Barrister's Brief, with Earl Cherniak, Susan Kushneryk and Christine Snow, presented at The Advocates' Society's Advocacy: The Art of Persuasion, Toronto, April 2, 2004 and to the Commercial Bar Association of England and Wales, Barcelona, June 2004

Presenter: The Nature of Class Actions: Some Thoughts on Recent Developments, with Randy Bennett, presented at The Canadian Institute's 4th Annual National Forum on Litigating Class Actions, Toronto, September 30, 2003

Presenter: Assessing Your Case Before Trial: A Reality Check, presented at The Art and Science of Trial Advocacy conference, co-sponsored by the American College of Trial Lawyers and the Advocates' Society, Toronto, May 2, 2003

Presenter: The Role of the Forensic Accountant in International Commercial Arbitration, with Michael D. Schafler, presented at the Alliance for Excellence in Investigative and Forensic Accounting Conference, Toronto, September 9, 2002

Presenter: International Jurisdiction Through the Surrender of Sovereignty: A Critical Analysis of the Canadian Approach, with R.S. Bennett, The Commercial Bar Association of England and Wales, presented at Lincoln's Inn, London, May 12, 2000

Presenter: Strike Suits: A Canadian View, with Brian R. Leonard, Canadian Bar Association, March 5, 1999

Presenter: Cross Border Judicial Assistance, The Commercial Bar Association, Venice, Italy, May 1998

Presenter: Privity and the Third Party Beneficiary; The Nature of the "Incremental Change" in Canadian Law, Toronto, April 1997

Presenter: Case Management and the Commercial List, A Canadian Approach, North American Committee Meeting, The Commercial Bar Association, New York City, 1995

Presenter: Forum Shopping in Canada, The Commercial Bar Association, Bermuda, 1993

Presenter: Fiduciary Liability in the Corporate Setting, Canadian Corporate Counsel Association, Quebec City, 1993

Presenter: The New Risks to Professionals Advising in Commercial Transactions, The Advocates' Society, Niagara-on-the-Lake, 1992

Presenter: Auditors’ Negligence: Avoiding Liability, Canadian Institute, Toronto, 1992

Presenter: Cross-Border Litigation, paper delivered in Quebec City to Georgia Bar, 1991

Presenter: The New Fiduciary Duty, The Canadian Bar Association, March 2 - 4, 1989

Presenter: The Common Law Duty of Confidentiality, The Canadian Institute, Toronto, 1987

Presenter: Privilege in Civil Cases, Special Lectures Law Society of Upper Canada, 1984

Contact Information

Toronto

+1 416 863 4624

john.lorn.mcdougall@fmc-law.com

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Areas of Expertise

Alternative Dispute Resolution

Class Actions

Competition | Antitrust | Foreign Investment Review

Cross-Border

Litigation & Dispute Resolution

Securities | Corporate Finance

Year of Call

1968 (Ontario); 1980 (Yukon & NWT); 1982 (Alberta); 1999 (Nunavut)

Education

Osgoode Hall Law School, LL.B., 1966

Carleton University, B.A., 1962

Languages Spoken

English

French

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