John Lorn McDougall QC (Canada)

John Lorn McDougall QC (Canada)

Practice Overview

Practice encompasses almost all aspects of corporate and commercial dispute resolution, with expertise in trial and appellate advocacy. As one of the leading civil litigation lawyers in Canada

Appeared in wide variety of complex cases in the courts and in arbitration

Particular experience in securities, competition and energy related matters, as well as class actions and insolvency

Extensive experience in cross-border cases.

Appointed Queen's Counsel in 1980

Fellow of the American College of Trial Lawyers in 1991

  • Served as chairman and as panel member in numerous international commercial arbitrations involving a wide range of subjects.
  • Member of panel of International Centre for Dispute Resolution where he sits on the ICDR Canadian Advisory Committee.
  • Past chairman of the Canadian National Arbitration Committee of the International Chamber of Commerce and is presently a Canadian representative to the International Chamber of Commerce Commission on Arbitration in Paris.
  • Member of the British Columbia International Arbitration Panel and of the International Panel, ADR Chambers, Toronto
  • London Court of International Arbitration.
  • American Arbitration Association.
  • Arbitration Association of Ontario.
  • CPR Institute for Dispute Resolution.
  • ADR Chambers of Toronto
  • Panel of the Kuala Lumpur Regional Centre for Arbitration
  • Professional Licences Admitted to the Bar:

Ontario, 1968
Alberta, 1982
Northwest Territories, 1981
Yukon, 1981
Nunavut, 1999

  • Professional Associations Advocates Society (Past Director)
  • Chartered Institute of Arbitrators (Fellow)
  • The Middle Temple (Honorary Bencher)
  • County of York Law Association (Past Trustee)
  • Canadian Bar Association
  • Canadian Council of Business
  • International Law Association
  • Canadian Institute for International Affairs
  • International Bar Association
  • Osgoode Society
  • Commercial Bar Association of England and Wales (Honorary Member)
  • Association of the Bar of the City of New York.

Past cases have involved contracts, franchises, securities, insurance and reinsurance, joint ventures, oil and gas, heavy equipment, IT technology, source codes, fiduciary obligations and general corporate disputes. Cases in the last several years include:

  • Chair of an arbitration tribunal in a major re-insurance arbitration subject to New York law held in Bermuda under the Bermuda International Conciliation and Arbitration Act. Issues included the role and function of the Financial Services Administration in the sale of life insurance in Britain and the interpretation of the relevant insurance and re-insurance contracts.
  • Chair of an arbitration tribunal constituted under the rules of the International Centre for Dispute Resolution (ICDR) involving a dispute between the Canadian partially-owned subsidiary of a New York brokerage firm. The case involved issues of fiduciary responsibilities and contract interpretation.
  • Chair of the ICC arbitration arising out of frauds at an Austrian Bank, subject to New York law, seated in New York City.
  • Chair of an ICDR arbitration arising out of claims between reinsurance and medical insurance providers in the USA. Subject to California law seated in New York City.
  • Member of an arbitration tribunal convened to appraise the value of two properties under long term leases in the premier rental area of Toronto.
  • Member of an arbitration tribunal constituted under ICDR rules which heard a dispute between a Swiss based commodities broker and a U.S. based aluminum smelter. The issue was centred on the question whether the feedstock supplier was entitled to declare force majeure with respect to its contractual obligations because of the prevailing economic condition. The case was conducted under New York law and was seated in New York City.
  • Member of the arbitration tribunal involving a dispute between a Saudi Arabian investor in a venture capital firm arising from allegations of improvident investments and misrepresentation. The hearings were held in San Francisco and London, England and the arbitration was conducted under California law.
  • Chair of an ad hoc arbitral tribunal hearing a dispute between a major US-based global vendor of office hardware and a European-based vendor of software. The issues included the ownership and alleged misuse of source codes.
  • Sole arbitrator in a dispute between a Japanese liquor and wine conglomerate and a major US winery. The arbitration was ICC-administered under California law and was seated in Vancouver, British Columbia.
  • PLC Which Lawyer? Dispute Resolution Guide, 2014
  • Chambers’ Guide to the World’s Leading Business Lawyers, 2015
  • Who’s Who Legal; The International Who’s Who of Business Lawyers, 2014
  • Canadian Who’s Who, 2014
  • The World’s Leading Lawyers, 2014, published by Chambers Global
  • PLC Cross-border Dispute Resolution Handbook, 2014
  • Guide to World’s Leading Litigation Lawyers
  • Guide to World’s Leading Experts in Commercial Arbitration
  • Lexpert: Leading 500 Lawyers in Canada, 2014