Partner
Eric Morgan
Eric helps businesses resolve complex legal issues. His counsel practice focuses on corporate governance advisory work and commercial dispute resolution. Eric is also an experienced arbitrator, having been appointed as an arbitrator in numerous institutional and ad hoc proceedings, and having also acted as a mediator.
Eric has worked with directors, executives, and corporations on corporate governance issues, including special situations, proxy contests, conflicts of interest, director duties, governance design, by-laws, and subsidiary governance.
Eric has acted in complex, multi-party disputes involving corporate governance matters, shareholder and securities disputes, directors’ and officers’ liability claims, contractual issues, and torts.
He has appeared as counsel before the Supreme Court of Canada, courts at all levels in Ontario, courts in British Columbia, Alberta, and New Brunswick, and in arbitrations and mediations.
He is a member of the inaugural NextGen Roster of Arbitrators at Arbitration Place and has been appointed to the Vancouver International Arbitration Centre’s panel of arbitrators.
Eric previously practiced in the national litigation department at Osler, Hoskin & Harcourt LLP and was a partner at a boutique firm in Toronto. Before joining Osler, Eric worked at Freshfields Bruckhaus Deringer LLP in London and was seconded to the Bank of England and the litigation and special investigations team of Barclays Bank plc. He also taught criminal law at Oxford University.
Corporate Governance Advisory and Crisis Management
Eric has advised:
Corporate Governance Advisory
Various organizations regarding possible governance structures taking into account conflicting governance instruments.
Numerous independent directors regarding urgent, contentious board matters.
A group of dissident shareholders involved in a successful proxy contest regarding the nomination and election of directors to the board of a bio-medical company.
The founder of a professional services company regarding non-payment of dividends on the sale of his majority stake in the company.
A large trade organization regarding the immediate removal of a member and contested director elections.
Canadian companies trading on the Toronto Stock Exchange, TSX Venture Exchange, and Canadian Securities Exchange in connection with managing legal and communications/disclosure issues related to various crises.
Internal Investigations
Eric has conducted independent, internal investigations for:
Individual and Organizational Misconduct
A financial institution into alleged employee fraud.
A public organization into an alleged romantic relationship between a senior executive and a subordinate.
Securities
A financial institution into alleged insider trading.
Regulatory Investigations and Defence
Eric has represented:
Companies in responding to search warrants, production orders, and requests for information issued by various regulators and law enforcement.
Dispute Resolution and Litigation
Eric has represented:
Corporate Governance and Securities Disputes
The Real Estate Council of Alberta in a dispute with a former council member regarding council member misconduct, council member removal, board governance, and related activities.
The former Chief Executive Officer of a mining company regarding his removal from senior management and board positions.
A co-founder of a start-up consumer company in a dispute with another co-founder over ownership and control of the business.
Independent directors of Pace Financial Limited and First Hamilton Holdings Inc. in connection with issues related to the winding-up of Pace Securities Inc. and other parties.
The Canadian Coalition for Good Governance as an intervenor on the issue of majority voting at the Court of Appeal for Ontario.
Commercial Disputes
Chevron Corp. in successfully defending a claim to enforce a $9.5 billion foreign judgment involving issues of corporate separateness and subsidiary governance.
Companies and individuals in a wide range of complex matters involving commercial issues before various courts.
“Future Proofing Family Enterprises: Mitigating Conflicts Through Effective Governance”, KPMG Family Office (2023)
“Derivative Claims Against Directors For Alleged Climate Change Mismanagement”, Law360 Canada (2023)
“Preventing And Resolving Disputes In Family Enterprises”, Arbitration Place (2023)
“Navigating Governance Challenges In Closely-Held Companies”, Middlesex Law Association and Sudbury Law Association (2022)
“Insolvency, Arbitration, And Gig Workers”, CPDFormula (2022)
“How To Approach Conversations With Clients About Difficult Issues – Ideas For The Prevention And Resolution Of Disputes”, The GTA Accountants and Finance Network (2022)
“Corporate Governance and Personal Liability For Directors: A Defence Perspective”, Osgoode Hall Law School’s Business Law LLM program (2022)
“Quebec – The Broad Powers Of An Arbitrator As “Amiable Composer”, Arbitration Matters (2022)
“Seven Steps For Conducting Effective Internal Securities Investigations With Good Governance”, 12th Annual Securities Symposium, The Advocates’ Society (2022)
“New Ways Of Tackling Old Problems: How Technology And Arbitration Are Expanding the Boundaries Of Dispute Resolution”, The Advocate, Vancouver Bar Association (2022)
“Good Governance Helps Family Enterprises Thrive In Short Term, Endure In Long Term”, Canadian Family Offices (2022)
“It’s Not Cricket: Ontario Court Emphasizes Arbitral Awards Must Include Reasons”, American Bar Association (2022)
“The Advantages And Pitfalls Of Four Formal Methods For Defusing Family Disputes”, Canadian Family Offices (2022)
“Ways To Prevent Corrosive Family Squabbles”, Canadian Family Offices (2022)
“Update On The Latest Developments In Arbitration”, The Twelve Minute Civil Litigator, The Law Society of Ontario (2022)
“Creating The Foundation For A Successful Arbitration”, Arbitration Advocacy, The Advocates’ Society (2021)
“The Value And Innovation Younger Arbitrators Bring To Their Role, To The Benefit Of Parties And Counsel”, ICC Arbitration (2021)
“The Constitution Of The Arbitral Tribunal”, The ICC Young Arbitration and ADR Forum (2021)
“The Rogers Decision Highlights How Courts Enforce Corporate Governance Rules, Not Ideals”, Canadian Lawyer Magazine (2021)
“Directors’ And Officers’ Liability And Risk Management In Securities Litigation”, 11th Annual Securities Symposium, The Advocates’ Society (2021)
“The Future Of Arbitration With The NextGen Roster”, Ontario Bar Association (2021)
“Corporate Governance Considerations in Shareholder Disputes”, Osgoode Professional Development (2021)
The Best Lawyers in Canada: Corporate and Commercial Litigation (2023 and 2024)
Who’s Who Legal: Arbitration Future Leaders (2023)
England and Wales (solicitor) (2010)
Toronto Commercial Arbitration Society, Gold Standard Course in Arbitration (2018)
Postgraduate Diploma in Legal Practice (with distinction), BPP Law School, London (2008)
BA in Jurisprudence (first class), Oxford University (2007)
Honours BA in Economics (with high distinction), University of Toronto (2005)
Member, Mid-Career Advocates’ Standing Committee, The Advocates’ Society (2022 to 2024)
Lead Co-Instructor, Gold Standard Course in Arbitration, Toronto Commercial Arbitration Society (2021-2023)
Director (2013-2017) and Co-Chair, Policy and Advocacy Committee, Young Canadian Arbitration Practitioners
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