Malcolm N. Ruby

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).