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William (Bill) McNamara

Counsel
Bill is a great leader, and his insights and experience have really helped shape our approach.
Client feedback, Chambers Canada
About

(Bill) is an accomplished litigator with decades of experience leading product liability defence and commercial litigation, advising clients on their most significant disputes across Canada.

Bill represents clients across a broad range of commercial litigation matters, with an 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.

He has appeared before the courts in Ontario, Québec, British Columbia and Alberta, the Federal Court of Canada and the Federal Court of Appeal, as well as before the Competition Tribunal and numerous private arbitral panels. He is fluently bilingual in English and French and conducts trials or appellate advocacy in either language.

EXPERIENCE

  • An international pharmaceutical company in connection with a class action in Québec claiming damages relating to opioid medications
  • An international environmental science company in multiple proposed product liability class actions in Ontario, Alberta, British Columbia, Manitoba, Saskatchewan, Nova Scotia and Québec (as well as multiple individual actions in provinces across Canada) concerning the active ingredient in a popular line of herbicides
  • An international pharmaceutical company in product liability class actions in British Columbia and Saskatchewan concerning fluoroquinolone medications
  • An international pharmaceutical company in a product liability class action in Alberta and proposed product liability class actions in Ontario, Nova Scotia and Québec (as well as individual actions in Ontario and Québec) concerning an intrauterine contraceptive device
  • Vienna Insurance Group in successfully obtaining a judgment in a contract dispute concerning a global insurance program and underlying reinsurance policies before the Ontario Superior Court of Justice (Commercial List) and successfully resisting an appeal of the judgment in the Court of Appeal for Ontario
  • An international pharmaceutical company in multiple product liability class actions in British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia and Newfoundland and three class actions in Québec and Ontario—concerning two prescription combined oral contraceptives
  • An international environmental science company in a proposed product liability class action in Ontario and a class action at trial in Québec concerning systemic insecticides
  • A Canadian Schedule I bank in a class action concerning alleged breaches in pricing for services pursuant to the Consumer Protection Act
  • An underwriter of debt and equity offerings issued by Valeant Pharmaceuticals, Inc., in a cross-border securities class action alleging disclosure violations 
  • National Bank of Canada in class actions in British Columbia, Alberta, Saskatchewan, Québec and Ontario relating to credit card fees charged to merchants
  • Wyeth in product liability class actions in British Columbia, Ontario and Québec concerning the drugs PREMARIN® and PREMPLUS®, hormone replacement therapies used to treat certain symptoms of menopause
  • Tecumseh Products in class actions in British Columbia, Ontario and Québec alleging anticompetitive conduct in the market for cooling compressors
  • Tecumseh Products in proposed class actions in Ontario and Québec concerning price-fixing allegations related to lawn mowers
  • Weil-McLain and SPX Cooling Technologies in connection with claims arising from the supply of industrial cooling towers for use in a large-scale power generation plant
  • Great Lakes Power in connection with the reconstruction of a large-scale transmission line in northern Ontario
  • Pfizer Canada in product liability class and single-plaintiff claim in Ontario concerning the drug LIPITOR® (atorvastatin calcium), used in the treatment of high cholesterol
  • GlaxoSmithKline in a product liability class actions in British Columbia, Alberta and Saskatchewan concerning the drug PAXIL® (paroxetine), used in the treatment of depression, obsessive-compulsive disorder and anxiety
  • Pfizer in a proposed class action in British Columbia and separate single-plaintiff claim in Québec alleging patent manipulation of patents on VIAGRA®
  • Wyeth in appeals to the British Columbia Court of Appeal and Québec Court of Appeal successfully resisting certification of the class action alleging consumer misrepresentation in the labelling of children's cold medicines
  • Merck Frost Canada in response to a claim alleging of patent manipulation following the invalidation of its patents on COSOPT® and TRUSOPT® (dorzolamide/timolol), ophthalmic solutions used to reduce intraocular pressure
  • Multiple general contractors in defense of infrastructure and construction claims concerning the timeliness of project completion, design, building envelope integrity, heating and ventilation systems, tendering fairness and project cost
  • General Motors in connection with the defence of an Ontario class action claim relating to pricing issues
  • Merck Frost Canada in a product liability class action in Ontario concerning the drug FOSAMAX® (alendronate) used in the treatment of osteoporosis
  • Peter Kiewit and Son's and related entities in infrastructure and construction claims relating to the timeliness of project completion, design, building envelope integrity, heating and ventilation systems, tendering fairness and project costs
  • LAN Airlines in proposed class actions in Québec, Ontario and British Columbia concerning price-fixing allegations related to fuel surcharges
  • Pfizer in a product liability class action in Ontario with separate class actions in Alberta, British Columbia and Québec, concerning the drug CHAMPIX® (varenicline), a treatment for nicotine addiction
  • Pfizer in a national product liability class action in Québec concerning the drug Depo-Provera™ (medroxyprogesterone), a long-acting, injectable form of birth control
  • Les Laboratoires Servier and related entities in a product liability class action in Ontario concerning the drugs PONDERAL® (fenfluramine) and Redux™ (dexfenfluramine), appetite suppressants used in the treatment of obesity
  • A major retailer before the Competition Tribunal in connection with ordinary selling price claims instituted pursuant to Part VII.I of the Competition Act
  • BPB, a subsidiary of Compagnie de Saint-Gobain S.A., in connection with product liability and recall issues concerning asbestos-containing products in the sheetrock industry
  • SGL Carbon AG and SGL Canada in an action in Ontario concerning allegations of price-fixing and anti-competitive behaviour in the carbon brush and graphite electrode industries
 
Languages
  • English
  • French
Education

    AWARDS AND RECOGNITION

    • Chambers Canada, Dispute Resolution: Class action (Defence) and Litigation: Product Liability
    • Litigation Star, Benchmark Canada
    • Best Lawyers in Canada, Product Liability Law
    • LMG Life Sciences, Product Liability
    • Life Sciences Star, Product Liability, LMG Life Sciences, 2020
    • The Canadian Legal Lexpert Directory, Litigation, Class Actions and Product Liability
    • Who’s Who Legal, Life Sciences and Commercial Litigation

    Professional Involvement

    Between 1985 and 1987, Bill served as counsel to the Royal Commission of Inquiry into the Presence of War Criminals in Canada. The Commission’s report led to the adoption of amendments to various Canadian laws, including the Criminal Code, facilitating 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
    • DRI – The Voice of the Defense Bar 
    • Past President of the National Construction Law Section 
    • Former Member of the National Sections Council Executive of the Canadian Bar Association
    • The Ontario Bar Association
    • Law Society of British Columbia
    • Barreau du Québec