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William McNamara

EDUCATION

  • BCL, 1985, McGill University LLB, 1981, McGill University
  • BA, (Honours), 1977, Concordia University

BAR ADMISSION

  • British Columbia, 2013
  • Québec, 1986
  • Ontario, 1983

PRACTICE

  • William (Bill) McNamara’s practice involves a broad range of commercial litigation matters, with emphasis on the defence of product liability class actions, anti-trust law (price fixing, bid-rigging, misleading advertising, illegal trade practices and deceptive marketing practices), infrastructure and construction claims, banking law, insolvency, restructuring and corporate disputes.
  • Bill has appeared before the courts in Ontario, Quebec, British Columbia and Alberta; the Competition Tribunal; the Federal Court of Canada and the Federal Court of Appeal; and numerous private arbitral panels. He is fluently bilingual in English and French, and completely at ease conducting trials or appellate advocacy in either language.

RECOGNITION

  • Law Business Research's Who’s Who Legal: Canada—Leading Canadian lawyer in in life sciences (2014)
  • Law Business Research's Who’s Who Legal: International Who’s Who of Life Sciences Lawyers—Leading lawyer in life sciences (2011–2013)
  • Practical Law Company's Cross-border Life Sciences Handbook (2007-2011)

REPRESENTATIVE WORK

  • a manufacturer of construction materials in connection with product liability and recall issues relating to asbestos-containing products
  • various construction sector clients in the defence of infrastructure and construction claims relating to the timeliness of project completion, design, building envelope integrity, heating and ventilation systems, tendering fairness and project costs
  • Bayer and related entities in the defence of product liability class actions and single-plaintiff claims relating to prescription combined oral contraceptives
  • Bayer and related entities in the defence of product liability class actions in multiple Canadian provinces relating to an intraunterine contraceptive device
  • Tecumseh Products and related entities in the defence of class actions relating to allegations of price-fixing and anti-competitive behaviour in the compressor and small-engine industries
  • LAN Airlines in the defence of class actions and criminal proceedings relating to allegations of price-fixing and anti-competitive behaviour in the air cargo industry
  • GlaxoSmithKline in the defence of product liability class actions relating Paxil (anti-depressant; allegations of birth defects and depression in adolescents).
  • Merck Frost Canada in the defence single-plaintiff claims for economic and equitable damages relating to allegations of patent manipulation in respect of prescription medications Cosopt and Trusopt
  • Merck Frost Canada in the defence of class actions and single-plaintiff claims relating to Fosamax (bone mineral density; allegations of necrosis of the jaw)
  • Wyeth Canada and related entities in the defence of class actions relating to Cough and Cold medications (allegations of consumer misrepresentations in the labelling)
  • Wyeth Canada and related entities in class actions relating to Premarin and PremPlus (hormone therapy; allegations of breast cancer in women)
  • Pfizer and Pfizer Canada Inc. in the defence of class action and single-plaintiff claims for economic and equitable damages relating to allegations of patent manipulation relating to Viagra (ED)
  • Pfizer and Pfizer Canada Inc. in the defence of product liability class actions and single-plaintiff claims relating to Depo-Provera (injectable contraceptive; allegations of Bone Mineral Density loss); Champix (smoking cessation treatment; allegations of neuropsychiataric events); Lipitor (cholesterol; allegations of adverse cardiac and related events) in Ontario, British Columbia, and Quebec
  • SGL Canada and related entities in the defence of class actions relating to allegations of price-fixing and anti- competitive behaviour in the graphite electrodes and carbon electrode industries
  • Sears Canada in the defence of criminal and quasi-criminal proceedings before the Competition Tribunal relating to ordinary price claims
  • Clarke Transport Canada in the defence of anti-trust criminal proceedings relating to allegations of price- fixing in freight forwarding
  • Les Laboratoires Servier, Servier Canada and related entities in the defence of product liability class actions and single-plaintiff claims relating to Pondimin and Ponderal (appetite suppressant; allegations of PH and cardiac valvular disease)

PROFESSIONAL INVOLVEMENT

  • Bill served as counsel to the Royal Commission of Inquiry into the Presence of War Criminals in Canada between 1985 and 1987. The commission’s report led to the adoption of amendments to various Canadian laws, including the Criminal Code. These amendments have facilitated the prosecution of war criminals in Canada and, in at least two cases, led to the deportation of war criminals who gained entry into Canada illegally.

MEMBERSHIPS AND AFFILIATIONS

  • The Advocates’ Society
  • Canadian Bar Association (Past President, National Construction Law Section; Former member, National Sections Council Executive)
  • DRI - The Voice of the Defense Bar