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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
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Overview

Zohaib Maladwala combines a strong work ethic, strategic thinking, and practical judgment to secure optimal outcomes for his clients. With significant experience in class action defence, product liability and complex commercial litigation, Zohaib works closely with clients across a range of industries including life sciences/pharmaceuticals, automotive, mining, 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 an instrumental role in the successful defence of multiple precedent-setting class actions across Canada. This includes the successful dismissal at certification of proposed class actions against Fiat Chrysler Automobiles in Ontario and Saskatchewan alleging the use of defeat devices; the successful 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 successfully staying a franchise class action in Ontario pre-certification.

Zohaib’s product liability acumen extends to providing advice to clients on matters relating to product recalls, regulatory requirements, and consumer protection. Zohaib also frequently 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 heavily involved in equity, diversity and inclusion (EDI) 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 numerous legal publications including the Canadian Legal Lexpert Directory for Product Liability (consistently recommended) and Class Actions (repeatedly 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

Client Work

  • 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.]
  • 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.
  • Representing 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]
  • Representing 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]
  • Paul Sadlon Motors Inc. v. General Motors of Canada Ltd., 2011 ONSC 4432, [Case - Confidential Client]

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

Events

News

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
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

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