Alan Merskey (he/him/his) is a partner in the Litigation and Restructuring & Insolvency Groups at Cassels. Alan’s substantive and procedural experience across various industry sectors informs his overall strategic approach to complex commercial litigation. Alan offers extensive insolvency litigation experience, having acted for court officers, debtors and creditors in a wide range of contested restructuring matters, including many of the major public and private company restructurings of the last 15 years, including the liquidation of Nortel Networks.
His approach to restructuring litigation is informed by applying the financial considerations and measurements common to the large project disputes often seen in technology and construction law, where Alan also offers extensive experience, working for both vendors and customers in software development, project management, delivery and infringement disputes as well as for owners, contractors, and sub-trades across a spectrum of public and private sector disputes.
Within the broad areas of corporate and commercial litigation, Alan has acted as counsel in proceedings stemming from complex contractual disputes, pension regulation, takeover applications, share purchase and other merger and acquisition vehicles, oppression and shareholder’s rights, duties of directors and officers, product liability, stockbrokers’, accountants’ and solicitors’ negligence, and business torts, including defamation and interference with economic relations claims.
Alan has appeared before all levels of courts in Ontario, as well as the Supreme Court of Canada, and various administrative tribunals and arbitration panels. He articled as a law clerk to the Chief Justice of the Ontario Superior Court of Justice.
Prior to joining Cassels, Alan served as the Toronto Chair of the Litigation Group at a large global firm and a member of the Conflicts and Ethics Committee for over a decade.