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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

Overview

Zohaib Maladwala is a commercial litigator who is committed to achieving the best possible outcomes for his clients. With expertise in class action defence, product liability litigation and complex commercial and estates matters, Zohaib works closely with clients across a range of industries including life sciences/pharmaceuticals, mining, industrial and consumer products, automotive, banking and professional/financial services. He is Vice-Chair of Fasken’s Ontario Litigation and Dispute Resolution Practice Group.

Zohaib has played an instrumental role in the successful defence of multiple class actions. This experience includes the dismissal of several proposed class actions at or before the certification stage including a proposed class action against a global automaker alleging defeat devices, a proposed class action against a pharmaceutical company alleging negligent manufacture and failure to warn, a proposed class action against a pharmaceutical company alleging negligent design and failure to warn, and successfully staying a franchise class action pre-certification.

Zohaib’s product liability expertise extends to providing advice to various manufacturing clients on matters relating to product regulations, recalls, and consumer protection. Zohaib also regularly represents clients in complex commercial disputes including breach of contract cases, shareholder disputes and contentious estate matters, where he has represented both trustees and beneficiaries.

In addition to his practice, Zohaib is also heavily involved in equity, diversity and inclusion initiatives at the firm, and sits on Fasken’s national Equity, Diversity and Inclusion Committee. He is also a founding member of the Empower Network, an affinity group for racialized legal professionals at Fasken.

Zohaib is recognized by the Canadian Legal Lexpert Directory as a Leading Lawyer (Product Liability) and was previously recognized as a Lexpert Leading Lawyer to Watch (Class Actions). He has also been recognized in the Rising Stars Expert Guide (2021 - Product Liability/Life Sciences) 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

Client Work

  • Zehnder Group acquires Airia Brands Inc.,
  • Representing Sandoz in a putative class action relating to the heart burn drug Ranitidine, Ongoing since January 2020
  • Representing Fiat Chrysler Automobiles in numerous national class action proceedings, including the diesel fuel emission systems in two models of FCA vehicles, Ongoing since January 2017
  • Representing Kraft Heinz in putative national class action respecting grated Parmesan cheese, Ongoing since March 2016
  • Representing BMW in the Takata airbags class action, Ongoing since January 2015
  • Representing Zimmer in class actions respecting “metal-on-metal” (“MoM”) prosthetic hip implants, Ongoing since April 2014
  • Opitz v. Wrzesnewskyj et. al.,
  • Paul Sadlon Motors Inc. v. General Motors of Canada Ltd., 2011 ONSC 4432,
  • Secure Solutions Inc. v. Smiths Detection Toronto Ltd., 2011 ONCA 337,

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

Fasken Institute

News

Publications

Speaking Engagements

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
Speaker Beware the Middleman: How to Avoid Liability When a Distributor or Dealer Fails to Properly Instruct the Consumer Defense Research Institute, Product Liability Conference 2020, Manufacturer’s Risk Prevention SLG

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