Skip to main content
Zohaib Maladwala Toronto Lawyer

Zohaib I. Maladwala *

Partner Fasken
Jurisdiction Ontario, 2010
Language(s) English, Urdu
Office(s) Toronto
Contact
*practising through a professional corporation
Share
  • LinkedIn

Overview

Zohaib Maladwala is a strategic and results driven litigator known for his strong work ethic, practical judgment, and commitment to securing the best outcomes for his clients. With significant experience in class action defence, product liability, consumer protection and complex commercial litigation, Zohaib works closely with clients across a range of industries including life sciences/pharmaceuticals, automotive, technology, industrial and consumer products, and professional/financial services. He is Vice-Chair of Fasken’s Ontario Litigation and Dispute Resolution Practice Group.

Zohaib has played a leading role in defending multiple precedent-setting class actions across Canada. His work includes the successful dismissal at certification of proposed class actions against Fiat Chrysler Automobiles in Ontario and Saskatchewan involving allegations related to “defeat devices”; the dismissal at certification of proposed class actions in Ontario and British Columbia against a global pharmaceutical company alleging negligent design, manufacture, and failure to warn in connection with the Valsartan and Ranitidine (Zantac) drugs; and the dismissal of a certification motion against BMW in a proposed class action alleging defects in the timing chain systems of certain model vehicles.

Zohaib’s product liability acumen extends to advising clients on product recalls, regulatory requirements, and consumer protection. He has overseen the Canadian arm of multiple global product recalls and has extensive experience managing product incident reporting and regulatory compliance with Health Canada.

Zohaib is recognized by numerous legal publications including Chambers Canada (Up and Coming – Litigation: Product Liability), the Canadian Legal Lexpert Directory for Product Liability (consistently recommended), Best Lawyers for Corporate and Commercial Litigation and Product Liability Law, LMG Life Sciences (2023 Rising Star), and the Benchmark Litigation Guide (2019-2023 Future Star, 40 & Under Hot List). In 2021, Zohaib was recognized as one of Canada’s leading lawyers under 40 and awarded a Lexpert Rising Star.

Achievements

  • Recognized nationwide as Up and Coming in Litigation: Product Liability, Chambers Canada 2026
  • Recognized in Ontario as a Litigation Star, Benchmark Litigation Canada 2025 to 2026
  • Recognized in Product Liability Law in Toronto , The Best Lawyers in Canada 2024 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Litigation - Product Liability, Canadian Legal Lexpert Directory 2023 to 2026
  • Recognized in Corporate and Commercial Litigation in Toronto, The Best Lawyers in Canada 2024 to 2026
  • Recognized on Benchmark Litigation’s 40 & Under List, Benchmark Litigation Canada 2022 to 2024
  • Recognized in the Canadian Legal Lexpert Directory in Class Actions, Lexpert 2021 to 2024
  • Recognized in Ontario as a Future Star, Benchmark Litigation Canada 2018 to 2024
  • Recognized as a Rising Star in Product Liability by “Rising Stars Awards Americas", The International Tax Review 2021
  • Recognized on Benchmark Litigation’s 40 & Under Hotlist for 2021, Benchmark Litigation Canada 2020 to 2021

Experience

  • Lupin Pharmaceuticals Inc. defeats certification of proposed competition class action, [Case - Lupin Pharmaceuticals Inc and Lupin Pharma Canada Inc], Lupin defeats certification in major competition class action
  • Zehnder Group acquires Airia Brands Inc., [Deal - Zehnder Group AG], Swiss-based private equity firm acquires Ontario-based provider of heat recovery ventilation systems.
  • Representing Sandoz in a putative class action relating to the heart burn drug Ranitidine, [Case - Sandoz Canada Inc.], Putative class action relating to the heart burn drug Ranitidine
  • Sandoz Canada Inc. defeats appeal in prospective product liability class action, [Case - Sandoz Canada Inc.], Represented Sandoz Canada Inc in a pharmaceutical product liability class action.
  • Representing Fiat Chrysler Automobiles in numerous national class action proceedings, including the diesel fuel emission systems in two models of FCA vehicles, [Case - Fiat Chrysler Automobiles], The plaintiffs alleged that the emission systems in these vehicles are designed in such a way as to perform differently under regulatory testing conditions than in real life operation, with the result that the vehicles met regulatory testing requirements but then emit more diesel emissions when operated in real life. Peter’s team achieved a dismissal of the plaintiff’s motion for certification.
  • Represented Kraft Heinz in putative national class action respecting grated Parmesan cheese, [Case - Kraft Heinz Canada Inc.]
  • Representing BMW in the Takata airbags class action, [Case - BMW]
  • Represented Zimmer in class actions respecting “metal-on-metal” (“MoM”) prosthetic hip implants, [Case - Zimmer], Zimmer is the world’s largest supplier of prosthetic hip implants. All of the primary suppliers of “metal-on-metal” (“MoM”) prosthetic hip implants have the subject of litigation for the past 15 years, involving allegations of defects in the design of MoM implants.
  • Opitz v. Wrzesnewskyj et. al., [Case - Ted Opitz], The Supreme Court of Canada released its decision in Opitz v. Wrzesnewskyj et. al., the first ever appeal to the Supreme Court of a contested election application under the Canada Elections Act. The 4-3 decision restored the May, 2011 election of Ted Opitz, the Conservative Member of Parliament f...

Career & Education

Education

  • JD University of Western Ontario
  • BA Hons (with distinction) University of Toronto

Community involvement

  • Pro Bono Law Ontario Duty Counsel Project
  • Merit Award Bursary Program
  • Law in Action Within Schools (LAWS)

Memberships & Affiliations

  • Member, Law Society of Upper Canada
  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, Defense Research Institute
  • Intermediate Member, The Advocates' Society

Knowledge

  • Key Product Liability Cases and Developments – 2025 Overview, 2/12/2026
  • Class Actions in Canada: At the Forefront of Pharma Litigation, 10/1/2025
  • No Harm, No Foul: ONCA Confirms Mere Risk of Potential Harm is Not Legally Compensable Loss, 4/8/2024
  • Arbitration vs. Litigation: A Feisty Feud Over Unpaid Dues, 7/30/2023
  • Law and Logic: Sandoz Achieves Dismissal of Pharmaceutical Class Action, 5/29/2023
  • Ontario Court of Appeal Affirms Dismissal of EnerGuide Fuel Consumption Label Class Action, 3/9/2023
  • Episode 3 | The Knockout Punch of Pre-Certification Motions, Some pre-certification motions are available in Canada that can put an end to, or significantly narrow, a proposed class action. In our third episode, we highlight different approaches across Canadian jurisdictions to such motions — including recent legislative changes and trends in the case law.
  • Episode 1 | The Multijurisdictional Maze, In our first episode, we explain what is needed for defendants to succeed when navigating this “multijurisdictional maze”.
  • Anatomy of a Class Action, Designed to offer an overview of class actions in Canada, this five-part video series provides a short introduction to Canadian class proceedings, focusing on strategic moments in class action procedure and comparisons to the U.S. experience.
  • Episode 2 - The Rarity of Pre-Certification Discovery, In our second episode, we explain the limits of pre-certification discovery, as well as related procedural differences between different Canadian jurisdictions. In contrast to U.S. practices, pre-certification discovery is rare in Canadian class actions — and procedural differences across Canada further highlight the benefit of a legal team with national expertise.

Events

  • Cases You Need to Know from the Past Year, 11/18/2021
  • Common Pitfalls in Drafting Commercial Agreements, 11/23/2018
  • The Fasken Martineau Annual Case Law Review: Key Legal Developments from 2013 You Need to Know, 2/13/2014
  • The Fasken Martineau Annual Case Law Review: Key Legal Developments from 2012 You Need to Know, 2/13/2013
  • The 2011 Case Law Review: Key Legal Developments You Need to Know, 2/2/2012

News

  • Five Fasken Partners Honoured as Lexpert’s 2021 Rising Stars, 11/25/2021
  • Fasken litigators make Benchmark Litigation’s 40 & Under Hot List for 2018, 7/17/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018

Publications

Speaking Engagements

  • Class Actions Advocacy: Where Are We Now and Where Are We Going?, 11/7/2024
  • The “Some Basis in Fact” Test – One Step, Two Step, Old Test, New Test, 5/4/2022
  • Latest Developments in Damages, 12/1/2021
  • Beware the Middleman: How to Avoid Liability When a Distributor or Dealer Fails to Properly Instruct the Consumer, 2/5/2020
  • Common Pitfalls in Drafting Commercial Agreements, 11/23/2018
  • Practical Ways In-House Counsel Can Use Legal Project Management, 6/16/2017
  • An Annual Update on the Latest Legal Developments and Hot Topics, 2/28/2017
  • Creative Tools for Unlocking the Value of Litigation Claims, 6/2/2016
Speaker Class Actions Advocacy: Where Are We Now and Where Are We Going? The Advocates’ Society
Speaker The “Some Basis in Fact” Test – One Step, Two Step, Old Test, New Test The Advocates' Society Class Actions Practice Group
Speaker Latest Developments in Damages Ontario Bar Association 13th Annual Class Actions Colloquium