Andrew McCoomb
Partner
Norton Rose Fulbright Canada LLP
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Biography
Andrew McCoomb serves as co-chair of our Toronto litigation department and practises in complex commercial and securities litigation and international commercial arbitration, with a particular specialty in technology and software disputes. His clients look to him for advice in moments of crisis, often when faced with sensitive reputational and regulatory issues with a cross-border dynamic.
Andrew also represents clients in high-stakes competition, consumer protection and fraud disputes, and regularly acts for clients involved in disputes stemming from cybersecurity incidents. Andrew is a member of the Canadian special situations team, which encompasses Canada's leading shareholder activist practice, sophisticated securities litigation and complex reorganization transactions.
Andrew has successfully acted as lead counsel to clients in cases at all levels of court in Ontario in trials, motions, applications and on appeal, and appears regularly before the Ontario Superior Court of Justice and the Commercial List. He has led successful commercial arbitration mandates in Canada and abroad. Andrew has appeared before the Ontario Securities Commission and British Columbia Securities Commission, and served a term as part of the OSC's Legal Assistance Program through which he provided counsel services to unrepresented respondents involved in securities enforcement proceedings.
Professional experience
Collapse allJ.D., Dalhousie University, 2011
B.A. (Hons.), Western University, 2008
- Ontario 2012
Andrew has recently acted for the following clients:
- Members of the Rogers family in a dispute concerning control over and governance of Rogers Communications Inc. and related interests
- Metro Inc. in defending a class action alleging price-fixing in the market for packaged bread, and in commencing a cross-claim against Weston and Loblaws for allegedly falsely implicating Metro in a conspiracy to fix bread prices
- A Toronto hospital in responding to an application brought by Ontario’s Privacy Commissioner addressing issues with the hospital’s reporting of a major ransomware attack to patient families
- Gen Digital (formerly Symantec Corporation) in defending consumer protection class actions alleging vulnerabilities in antivirus software products
- Maple Rock Capital Partners in successfully opposing the first-ever application seeking exemption from the minimum tender condition for take-over bids set out in National Instrument 62-104
- Chubb in defending the COVID-19 business interruption insurance class actions nationwide
- Nordstar Capital LP in successfully resisting a challenge to its acquisition of the Toronto Star, at the application stage and on appeal
- West Face Capital in an action against Home Capital Group seeking $70 million in damages based on allegations of misrepresentation in Home Capital's disclosure
- Various companies defending price-fixing conspiracy claims, including in the markets for LCD panels and products and foreign exchange
- Various boards and companies defending against proxy fights and other activist shareholder conduct
- Best Lawyers in Canada: Corporate and Commercial Litigation, 2023-2025
- Canadian Legal Lexpert Directory, 2024: recommended in Litigation – Corporate Commercial
- The Legal 500 Canada: Technology (Next Generation Partner), 2021
- "Actions Speak Louder – Ontario Courts Find that Parties to 'Broker Agreement' Are in a Debtor-Creditor Relationship," Cash Store Financial Services Inc. (Re), (co-author, with A. Merskey) 30 BFLR 609
- "Settlement privilege does not protect factual information communicated in proffer stage of Competition Act investigation," April 2015, www.nortonrosefulbright.com
- "Ontario court finds discoverability rule applies to Competition Act claims," April 30, 2015, International Law Office
- "The (un)hired gun – Court of Appeal for Ontario holds that 'participant experts' not subject to requirements for expert witnesses," April 2015, www.nortonrosefulbright.com
- "US authorities help Competition Bureau to secure US-based documents," January 22, 2015, International Law Office
- "Fair enough – new Commercial List decisions reverse course on fairness opinions," June 2014, www.nortonrosefulbright.com
- "Fair enough – Commercial List reconsiders fairness opinions and the timing of plans of arrangement," April 2014, www.nortonrosefulbright.com
- Canadian Bar Association
- Ontario Bar Association
- Law Society of Upper Canada
- The Advocates’ Society