John is an income partner with the firm. He maintains a broad commercial litigation practice, with an emphasis on investor protection in the areas of securities fraud, corporate governance, shareholder disputes, and class actions. He also has experience acting for secured and unsecured creditors in bankruptcy and insolvency proceedings. He has appeared before all levels of the Ontario Court.
John is a member of the Law Society of Upper Canada, the Advocates' Society, the Canadian Bar Association, and the Chartered Alternative Investment Analyst (CAIA) Association. He is also a member of the Executive for the Litigation Section of the Ontario Bar Association.
John graduated at the top of his law school class at the University of New Brunswick. He was on the Dean's List in each year of his legal studies and was the recipient of numerous awards, including the Lieutenant Governor's Medal. He then received a Masters of Law (LLM) degree from Harvard Law School. He was called to the Ontario Bar in 2003.
John has obtained his CAIA designation and has also been designated a Derivatives Market Specialist (DMS) by the Canadian Securities Institute.
John has published a number of articles on a wide-range of legal issues, including:
John Archibald, "Securities Class Actions in Canada: The Statutory Leave Process and
Its Implications for Parallel U.S. Proceedings", Bloomberg Law Reports (February 2010).
John Archibald, "The Impact of Recent Reforms to Canada's Insolvency Regime",
Bloomberg Law Reports (November 2009).
John R. Archibald and Cynthia L. Law, "The Transnationalization of Class Actions:
Canadian and American Approaches to Jurisdiction Over Foreign Claimants" (2006)
North Am. Corp. Lwyr., Vol. IX, No. 1 at 489.
H. Scott Fairley and John R. Archibald, "After the Hague: Some Thoughts On The
Impact on Canadian Law of the Convention on Choice of Court Agreements" (2006)
ILSA J. Int'l & Comp. L., Vol. 12:2 at 417.
H. Scott Fairley and John R. Archibald, "Corporate Canada Beware: A New Canadian
Status Quo for the Recognition and Enforcement of Foreign Judgments" (2005) North
Am. Corp. Lwyr., Vol. VIII, No. 3 at 1.
H. Scott Fairley and John R. Archibald, "Litigation Risk and the Mixed Panacea of
Arbitration for the Small Business Exporter" (Paper presented at CLE conference
"Advising the Small Business Exporter", 30 May 2005) Ontario Bar Association.
John has acted as counsel for:
Community Involvement & Interests
- a proposed class of shareholders in a securities class action against a Canadian bank;
- a group of disabled employees in the Nortel insolvency proceedings;
- a Canadian mining company in an oppression action commenced by the company's bondholders;
- a shareholder derivative action against a venture capital firm;
- an institutional noteholder during the August 2007 liquidity crisis in the Canadian asset-backed commercial paper market;
- a retail investor in a negligence and breach of fiduciary duty action against an investment advisor;
- a shareholder in an oppression action against the company's director for misappropriation of a corporate opportunity;
- a Canadian technology company and its directors in an oppression action brought by a minority shareholder;
- a pharmaceutical company in a class action based on alleged violations of provincial consumer protection legislation;
- an American bank in various CCAA proceedings involving automobile parts suppliers;
- the secured lender in the interim receivership and bankruptcy of a Canadian alternative-fuel technology company;
- the United States of America in judgment enforcement proceedings, which included winning the dismissal of an appeal. United States of America v. Shield Development Co. and Anyox Metals Ltd., (2005), 74 O.R. (3d) 595 (CA.), aff'g (2005), 74 O.R. (3d) 583 (S.C.J.).
John has provided legal advice and representation, on a pro bono basis, to those in need.
He is an avid hockey player and aspiring boxer. He also enjoys seeking out great, but underappreciated, music and film.