Malcolm N. Ruby

Malcolm Ruby is a partner in Gowling WLG's Toronto office and past head of the firm's National Class Action Practice Group.

Malcolm's practice focuses on class actions, securities litigation, and trans-border disputes. He has defended class proceedings — many of which are national or international in scope — relating to drug and medical device product liability, banking, consumer protection, and pensions. He has acted on behalf of the Ontario Securities Commission and the United States Securities and Exchange Commission in a number of cases raising trans-border enforcement issues. He has also been counsel in a number of leading cases enforcing foreign judgments in Canadian courts.

Malcolm has negotiated court-approved settlements in a number of national class actions and deals regularly with trans-border issues arising from parallel proceedings, including class actions in Canada and the United States.

In collaboration with  military law expert Colonel-Maitre Michel Drapeau,  Malcolm is currently involved in a class proceeding brought on behalf of Canadian veterans relating to disability benefits. For more information, please visit the following link: Class Action (Toth v. Her Majesty) Veterans

Career & Recognition

Filter timeline:
  • 2018

  • 2017

  • 2016

  • 2015

    • Rankings & Awards
      September2015
      The Best Lawyers in Canada 2016
    • Rankings & Awards
      July2015
      Canadian Legal Lexpert Directory 2015
  • 2014

    • Rankings & Awards
      September2014
      The Best Lawyers in Canada 2015
    • Rankings & Awards
      July2014
      Canadian Legal Lexpert Directory 2014
  • 2013

    • Rankings & Awards
      September2013
      The Best Lawyers in Canada 2014
    • Rankings & Awards
      July2013
      Canadian Legal Lexpert Directory 2013
    • Rankings & Awards
      February2013
      The Best Lawyers in Canada® 2013
  • 2010

    • Rankings & Awards
      2010
      Canadian Legal Lexpert Directory, 2010-13
  • 1986

    • Qualifications (Year of Call/Admission, etc.)
      1986
      Year of Call, Ontario
    • Education
      Queen's University, LLB
    • Education
      University of Toronto, BA

Malcolm speaks regularly and presents papers at conferences and seminars dealing with class actions and conflict of laws.

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, (where class certification was refused), 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. (3rd) 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).