EXPERTISE: RETAIL & CONSUMER MARKETS; CORPORATE
COMMERCIAL LITIGATION; FRANCHISE DISPUTE LITIGATION;
FRANCHISE & DISTRIBUTION|| YEAR OF CALL: 2008 (ON) || OFFICE:
TORONTO
– Adam Ship is a partner in our Litigation Group in Toronto and Lead of
Franchise & Distribution within our National Retail & Consumer Markets
Group. His practice focuses on complex commercial litigation and
franchise-distribution law.
– Adam is listed as one of the 2015 Lexpert Rising Stars: Leading
Lawyers Under 40 in Canada. He is also routinely recognized as a
leading franchise lawyer in Chambers Canada, Canadian Legal Lexpert
Directory, Best Lawyers in Canada, and Who’s Who: Canada.
– Adam's commercial disputes practice includes banking litigation,
competition litigation, class actions and franchise/dealer disputes. He
has appeared as counsel before all levels of court Ontario, the Supreme
Court of Canada, the BC Supreme Court and various arbitral panels, in
trials, hearings, appeals, injunctions and applications. Adam also
advises banks and franchisors on management strategies for portfolios
of smaller litigation matters and related internal policies.
– Adam routinely advises domestic and international franchisors,
manufacturers and master distributors in all areas of franchisedistribution
law. He has extensive experience advising on strategic and
risk management issues and drafting franchise agreements and
disclosure documents for clients across diverse industries. Between
2013-2017, he served as Adjunct Professor of franchise and distribution
law at the University of Toronto.
– Adam’s legal writing has been cited by courts across Canada, including
the Supreme Court of Canada, the Ontario Court of Appeal and the BC
Court of Appeal. He received the Ontario Bar Association's Award for
Excellence in Franchise Law in 2012 and 2013 for his legal writing.
– Prior to joining McCarthy Tétrault, Adam clerked for several Justices at
the Ontario Court of Appeal. He received an Honours BA (with high
distinction) and a JD (with honours standing), both from the University of
Toronto, in 2004 and 2007.
Representative experience includes:
RECENT CLASS ACTIONS
– Representing MolsonCoors in a $1.4 billion competition class action
relating to the distribution of beer in Ontario (Hughes v. Liquor Control
Board of Ontario, 2018 ONSC 1723 and 2019 ONCA 30)
– Representing TD Bank in national competition class actions related to
licensing arrangements with Visa and MasterCard (Coburn and
Watson’s Metropolitan Home v BMO Financial Group, 2019 BCSC
1456)
– Representing PayPal in a $150 million national class actions relating to
foreign exchange transactions and consumer protection issues
– Representing TD Bank in a national class action concerning consumer
protection issues related to coin-counting machines
FRANCHISE & DISTRIBUTION DISPUTES
– Representing a national casual dining franchisor in a statutory
rescission case, successfully defeating summary judgment (2462192
Ontario Ltd. v. Paramount Franchise Group Inc., 2019 ONSC 2962)
– Representing a national early childhood education franchisor in litigation
against two former franchisees that purported to rescind for fraud (New
Beginnings Early Learning v CEFA Systems Inc., 2018 BCSC 2417)
– Representing a national restaurant franchisor in an expedited arbitration
brought by a terminated franchisee seeking permanent injunctive relief
– Ongoing representation to Bell Mobility in multi-dealer litigation
concerning system changes
– Representing a national quick service restaurant franchisor in an
arbitration proceeding with a multi-unit franchisee concerning territorial
encroachment
– Advising Suzuki Canada in the discontinuation of its automotive dealer
network in Canada and representation in related litigation and an
arbitration commenced by the majority of its dealers
– Representing MolsonCoors in litigation to enforce certain master
distribution and licensing rights in Canada (Molson Canada v. Miller
Brewing Company, 2013 ONSC 2758)
OTHER NOTABLE LITIGATION MATTERS
– Ongoing representation of several Canadian chartered banks in defence
of litigation relating to bills of exchange, consumer protection, and
commercial contract issues
– Representation of TD Bank before the Competition Tribunal related to
licensing arrangements with Visa and MasterCard (Commissioner of
Competition v. Visa Canada et al, 2013 CACT 1)
¬ Labatt Brewing Co. v. NHL Enterprises Canada (2011), 86 B.L.R. (4th)
190, ONCA 511, 282 O.A.C. 151, 106 O.R. (3d) 677, ONSC 5652
(successful appeal and rehearing in multiparty dispute under long-term
performance contract)