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Alan Mark

Partner

amark@goodmans.ca vCard
Bay Adelaide Centre - West Tower
333 Bay Street, Suite 3400
Toronto, ON M5H 2S7

Tel:   416.597.4264
Fax:   416.979.1234

Alan Mark is a partner in the Litigation and Class Actions Groups and co-heads the Securities and Energy Law Litigation Groups at Goodmans.

Alan has a diversified advocacy practice, specializing in corporate/commercial litigation, class actions and electricity law and regulation. Alan's corporate/commercial litigation practice encompasses all manner of business disputes with a focus on corporate governance, corporate finance, securities, financial services, and restructuring and insolvency. Alan's class action practice includes securities, product liability and environmental claims. Alan also carries on a substantial electricity and regulatory practice, regularly representing clients in the electricity sector before the Ontario Energy Board and the courts.

Alan has appeared at all levels of the Ontario, and other provincial, courts, and the Federal Courts, including the Supreme Court of Canada. Alan has represented many Fortune 500 companies and has been lead counsel on a number of high profile domestic and cross-border cases. Leading businesses and organizations look to Alan for his sound judgment and strategic advice as well as his renowned courtroom skills. Alan has a loyal following of clients who rely on him to handle their most significant legal disputes.

RECOGNITION

Alan is widely recognized as a leading counsel. He is listed as recommended counsel in numerous leading guides and directories, including Chambers Global, Chambers Canada, The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, the Lexpert Special Edition: Canada's Leading Energy Lawyers, the Lexpert Special Edition: Canada's Leading Litigation Lawyers, Best Lawyers in Canada, The Legal 500 Canada, The Canadian Legal Lexpert Directory, Benchmark Canada and Euromoney's Guide to the World's Leading Litigation Lawyers.  In 2022, Alan was named “Ontario Litigator of the Year” and one of the “Top 50 Trial Lawyers in Canada” by Benchmark Canada.  Benchmark Canada previously recognized Alan as Canada's “Energy/Resource Litigator of the Year”.

REPRESENTATIVE WORK

Alan's representative work includes acting for:

  • Cineplex Inc. in litigation arising out of the termination by Cineworld Group PLC of its agreement to acquire Cineplex for $2.8B
  • the Independent Electricity System Operator in Grasshopper Solar Corporation v. IESO in successfully responding to an application and appeal (before the Court of Appeal for Ontario) regarding the IESO’s ability to terminate certain renewable energy contracts
  • Nortel Canada and its court-appointed Monitor in its global insolvency proceeding. This included appearing in the first ever joint US-Canada cross-border trial regarding entitlements to over $9 Billion of sale proceeds and contesting a $3 Billion claim by U.K. pension authorities
  • Ontario's electricity distributors before the Supreme Court of Canada in successfully arguing a constitutional case concerning the regulatory authority of the CRTC
  • Dow Chemical Corporation in successfully defending multi province class action proceedings concerning the use of the Agent Orange defoliant in Canada
  • the court-appointed Monitor of Target Canada in the wind-up of its Canadian operations through proceedings under the Companies’ Creditors Arrangement Act and in the litigation of creditors’ claims
  • Ontario’s Independent Electricity System Operator in successfully resisting a constitutional challenge to its right to recover certain costs from ratepayers
  • Conrad Black in various civil and regulatory proceedings concerning Hollinger Corporation
  • Arcelor Mittal in successfully defending class actions and proceedings at the Ontario Securities Commission concerning its acquisition of Baffinland Iron Mines
  • Domtar Inc. in the defence and settlement of a $100 Million breach of contract claim
  • the Province of Ontario in connection with CCAA proceedings regarding Stelco
  • Hudbay Minerals Inc. before the British Columbia Securities Commission in successfully defeating a challenge to its acquisition of Augusta Resources Corporation

PROFESSIONAL INVOLVEMENT

Alan is a Fellow of the American College of Trial Lawyers and the Litigation Counsel of America.  He is also a former director and past president of The Advocates' Society. Alan has been a dedicated trial advocacy instructor for many years at both Osgoode Hall Law School and The Advocates’ Society. He speaks regularly at CLE Programs and is a frequent contributor to legal publications.

Education Osgoode Hall Law School (LL.B, 1980)
Professional Affiliations

Law Society of Ontario
The Advocates’ Society
American College of Trial Lawyers
Litigation Counsel of America
Toronto Lawyers Association
Canadian Bar Association

Year of Call

1982 Ontario