Our Team

John A. Fabello

Partner

	Direct: 416.865.8228 Office: Toronto Fax: 416.865.7380 Email: jfabello@torys.com

	John focuses on securities litigation and regulatory matters.

Practice

John Fabello is a senior member of the Torys securities litigation and class action practice groups. His practice focuses on all aspects of securities litigation and regulatory matters, as well as general corporate and commercial litigation. John represents clients across Canada before securities and other financial regulators, and the courts. John’s practice includes conducting internal investigations and advising financial services firms regarding the quality and sufficiency of their regulatory compliance programs. John has acted as an instructor for in-house registered representative/broker training seminars and was seconded for over a year to one of Canada’s largest broker-dealers to manage major class action litigation and related securities regulatory matters. John is a frequent speaker and commentator on securities litigation, and has been recognized as a leading lawyer in Canada in the areas of professional liability and securities litigation by Woodward White’s Best Lawyers in Canada, Lexpert and LawDay.

Recognitions

Lexpert/Thomson Canada’s Canadian Legal Lexpert Directory 2011—Consistently recommended practitioner in securities litigation

Woodward White’s Best Lawyers in Canada 2009, 2010, 2011 and 2012—Leading lawyer in securities law

Real Time News' LawDay 2009—Leading lawyer in professional liability

Lexpert’s Guide to the U.S./Canada Cross-border Litigation Lawyers in Canada 2007—One of Canada’s litigation lawyers to watch

Cases

John has recently represented

securities market participants in reviews by securities commissions regarding the raising of capital in Canada by "emerging markets" issuers
a group of twelve underwriters in class action proceedings pertaining to a Chinese-based forestry company
a group of underwriters in cross-border class action proceedings pertaining to a Canadian-based technology company
securities dealers in class actions involving allegations of prospectus misrepresentation
bank-owned insurance firms and their advisers in litigation and regulatory matters
public companies embroiled in domestic and cross-border class actions involving allegations of price-fixing, conspiracy, defective products, injurious affection to land and misrepresentation in the sale of securities
investment advisers and their employers in civil cases involving allegations of negligent investment advice
securities market registrants, participants and dealer firms in regulatory investigations and proceedings involving allegations of trading, advisory and disclosure infractions
shareholders in disputes involving private companies
public companies and their senior management and boards of directors regarding internal investigations relating to potential fraud and regulatory infractions
a large securities dealer in a lawsuit regarding a disputed trade of a large block of securities in the Montreal Stock Exchange

Professional Involvement

Before joining Torys, John created and led a national broker-dealer litigation practice group at another major Canadian law firm.

John was seconded for over a year to one of Canada’s largest securities broker-dealers to manage major class action litigation and related regulatory matters.

Selected Publications and Presentations

Tribunal Independence
Federated Press 2nd Annual Mini LLB for Regulations Seminar | September 19-20, 2011

Litigation & Enforcement: Litigating Broker-Dealer Disputes
Osgoode Hall Law School Part-Time LLM | May 19, 2011

Legal Risk Management in Retail Investment: Managing Civil Liability Risk
Osgoode Professional Development CLE | November 12, 2009

Managing D&O Exposures in Regulatory Investigations and Proceedings
The Canadian Institute's 12th Annual National Forum on Directors' and Officers' Fiduciaries' Liability: Identifying New or Widening Exposures and Implementing Best Practices to Manage Risk | October 21, 2009

Client/Advisor Disputes—Guidance From the Courts & Regulators in Turbulent Times
IMCA (Investment Management Consultants Association) | June 1, 2009

Litigation Broker-Dealer Disputes
Seasonal lecturer, Osgoode Hall Law School Part-Time LLM (Securities Law) Litigation & Enforcement | May 7, 2009

Taub and Dass: Can the IDA/IIROC Discipline Former Members?
The Advocates' Quarterly | April 2009

Client/Advisor Disputes—A legal Update
Investment Management Consultants Association (IMCA) Conference, Toronto | June 5, 2008

Managing the Multijurisdictional Investigation
Osgoode Professional Development, Toronto | April 24, 2008

A Representative Plaintiff for All Seasons
Butterworth's Class Action Defence Quarterly, vol. 2, no. 3 | March 2008

Excelling at Home and in Global Markets
Panelist, InSight Information's 2nd Annual Corporate Counsel Forum, Toronto | February 25-26, 2008

A Representative Plaintiff for All Seasons: Allowing Representative Plaintiffs to Sue Defendants Against Whom They Have no Cause of Action
Co-author | January 4, 2008

How Brokers Successfully Manage and Defend Investor Claims
Retail Structured Products, Creative Legal and Compliance Strategies to Mitigate Risk, Toronto | April 24, 2007

The Intersection of Criminal, Civil and Regulatory Proceedings
Osgoode Professional Development Program Conference, Understanding and Managing Regulatory Investigations, Toronto | April 23, 2007

A New Securities Litigation Battleground?
Ontario's New Secondary Market Liability Regime, Insight Information, Toronto | May 2006

Ontario's Secondary Market Civil Liability Regime: Who Other Than Issuers and Their Officers and Directors may be Exposed?
| 2005

Broker/Dealer Civil Liability: The Latest Developments
| 2005

Internal Investigations
| 2005

Practical Considerations for Defending of Managing Brokers' Liability Actions
| 2004

An Overview of Defending Investment Dealer and Broker Liability Actions
| 2003 and 2004

Selected Media Highlights

January 24, 2012: In an Investment Executive IE.TV video interview, John Fabello explains what advisors can learn from gatekeeper obligation cases

December 12, 2011: Proper recordkeeping of client communications is critical, says John Fabello on IE.TV

May 17, 2011: Lexpert ranks 56 Torys lawyers among Canada's top legal experts

August 26, 2010: Best Lawyers names 52 of Torys’ practitioners as leading lawyers in Canada

August 13, 2009: Best Lawyers names 56 of Torys’ practitioners as leading lawyers in Canada

May 5, 2009: Both investors and brokers must accept blame for investment losses, says John Fabello in The Globe and Mail

November 1, 2007: Ten of Torys' attorneys are top cross-border litigators in Canada, says Lexpert

May 7, 2007: The OSC's efforts in prosecuting cases have resulted in improvements, says John Fabello in Law Times

July 27, 2005: The pipeline of cross-border work flowing between Torys' offices was what won over John Fabello, says The Globe and Mail

Other Media Highlights

John has been interviewed on securities and business law topics on Report on Business Television and for various print media.

Memberships

The Advocates' Society - Executive member of Securities Litigation Group
Executive Member - Investment Industry Regulatory Organization of Canada, Compliance Legal Section, Education Sub-Committee

Practice Areas and Industry Groups

Broker/Dealer Litigation Class Actions Corporate and Securities Litigation Insurance Advisory Litigation and Dispute Resolution

Bar Admissions

Ontario, 1994

Education

LLM (Securities), pending
Osgoode Hall Law School, York University

LLB, 1992
University of Alberta

Certificate in International and EEC Law, 1990
Oxford University

BA, 1988
University of Toronto