William W. McNamara

Biography

William (Bill) McNamara is a senior litigation partner. A major focus of his practice is pharmaceutical defence work.  He is currently acting as lead counsel for several innovative pharmaceutical companies involved in multijurisdictional product liability class actions.

Mr. McNamara's practice also involves a broad range of commercial litigation matters, including class actions and disputes relating to product recalls, banking, construction, competition law (conspiracies, misleading advertising, illegal trade practices and deceptive marketing practices) and corporate disputes.

He has appeared before all levels of courts in Ontario and Quebec, 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 trial or appellate advocacy in either language.

Mr. McNamara 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 have facilitated the prosecution of war criminals in Canada and, in at least in two cases, led to the deportation of suspected war criminals.

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Year of Call

• Quebec Bar 1986
• Ontario Bar 1983

Law School

• LL.B., McGill University, 1981
• B.C.L., McGill University, 1985

EDUCATION

• B.A.(Hons.), History, Concordia University, 1977

Selected Client Work

• Representation of manufacturer in connection with asbestos related product liability claims (including product recall issues)
• Representation of pharmaceutical manufacturer in connection with the multijurisdictional Canadian diet drug class action litigation
• Representation of major retailer in connection with ordinary selling price claims instituted pursuant to Part VII.I of the Competition Act
• Representation of graphite electrode manufacturer in connection with conspiracy charges under the Competition Act and in connection with resulting civil claims
• Defence representation in connection with motions challenging search and seizure proceedings under the Competition Act
• Representation of leading Canadian freight forwarder in connection with conspiracy charges under the Competition Act
• Representation of aircraft manufacturer in connection with claims arising from aircraft lease and sale transactions
• Representation of general contractors in connection with major construction projects
• Representation of leading financial institution in connection with claims relating to the interruption of bank processing services
• Representation of leading financial institution in connection with claims relating to the realization of security
• Numerous private arbitrations involving shareholders' disputes, indemnity agreements and construction contracts
• served as counsel to the Royal Commission of Inquiry into the presence of war criminals in Canada between 1985 and 1987

Publications

• William W. McNamara, « Le contrat à forfait du CCDC », in O. Kott and C. Roy (dir.), La construction au Québec : perspectives juridiques, Montreal, Éd. Wilson & Lafleur ltée, 1998.

Rankings and Recognitions

• PLC Cross-Border Life Sciences Handbook, 2007 edition

Memberships and Activities

• Law Society of Upper Canada
• The Advocates' Society
• Canadian Bar Association
• Past President, National Construction Law Section
• Former member, National Sections Council Executive
• DRI