Overview

### Bio
Malcolm Ruby is a partner in Gowling WLG's Toronto office. His practice focuses on class actions, securities litigation, and trans-border disputes. He has represented clients in class proceedings - many of which were national or international in scope - relating to product liability, drug and medical device product liability, pensions, and consumer protection.
Malcolm has also acted on behalf of the Ontario Securities Commission, the United States Securities and Exchange Commission, and the United States Department of Justice in a number of cases raising trans-border enforcement issues. He has also been counsel in a number of leading cases dealing with sovereign immunity and enforcing foreign judgments in Canadian courts. Malcolm has appeared on behalf of clients in trial and appeal courts in Ontario, British Columbia, Alberta, Saskatchewan and Quebec. He has also appeared in the Supreme Court of Canada. Recently, Malcolm has taken on cases on behalf of disabled veterans, victims of gun violence, and other disadvantaged individuals and groups.
He has been recognized in both *The Canadian Legal Lexpert® Directory* and *The Best Lawyers™ in Canada*. In 2020, Malcolm was named one of Canada's "Top 25 Most Influential Lawyers" by *Canadian Lawyer* magazine.
### Experience
##### Representative Work
Malcolm acted for one of the parties in a class proceeding raising securities law issues (*Moyes v. Fortune Financial* (2002), 61 O.R. (3d) 770), for the defendant bank in *Tampa Hall v. CIBC* (1998), 37 O.R. (3d) 150, and for the defendant manufacturer in a class proceeding raising jurisdictional issues (*Wilson v. Servier* (2002), 220 D.L.R. (4th) 191. He also acted for one of the parties before the Court of Appeal for Ontario in a leading case defining the "long arm" jurisdiction of Ontario Courts (*Muscutt v. Courcelles* (2002), 213 D.L.R. (4th) 57). Malcolm has dealt with a number of leading enforcement decisions involving foreign sovereigns before Canadian courts, including *United States v. Levy et al.* (1999), 45 O.R. (3d) 129 (Sup. Ct.) (proceedings enjoining fraudulent telemarketing); *United States v. Yemec et al* (2010), 100 O.R. (3 ) 321 (enforcement of U.S. permanent injunction), and *United States v. Ivey* (1996), 139 D.L.R. (4th) 570 (C.A.) (environmental clean up). He also has acted for the United States Securities and Exchange Commission in British Columbia in a number of cases involving groups of defrauded investors (see *SEC v. Shull*, (1999) B.C.J. No.1823, *SEC v. Cosby*, (2000) B.C.J. No. 626, *SEC v. Ono*, (2001) B.C.J. No. 2100).
Malcolm has been counsel in a number of leading cases defining sovereign immunity (see *Walker v. Bank of New York et al* (1993), 16 O.R. (3d) 504, *USA v. Friedland*, (1999), 45 O.R. (3rd) 129 (C.A.)), *Ritter v. Donell* [2005] A.J. No. 958 and has represented the United States Government in the Supreme Court of Canada in a case raising issues of sovereign immunity (see *Schreiber v. Canada (Attorney General)* (2002), 216 D.L.R. (4th) 513).
### Career & education
#### Languages
English
### Publications & speaking engagements
Malcolm speaks regularly and presents papers at conferences and seminars dealing with class actions and conflict of laws.

Practice Areas

• Civil Litigation
• Competition Law
• Class Action Plaintiff
• Insurance Law
• Commercial Law

Bar Information

Called to the bar: 1986 (ON)

Professional Details