Dan Thomas

Dan Thomas is a litigator with many years of experience in complex trial advocacy and strategy. His practice spans corporate, commercial, securities, and public law litigation, alongside a focus on white collar defence and investigations. Dan is ranked by Benchmark Litigation Canada as a “Future Star” and is recognised by The Best Lawyers in Canada™ in Corporate and Commercial Litigation. 

Dan provides excellence in courtroom advocacy and dynamic litigation strategies. He brings a unique blend of the best of traditional legal practice with innovative cross-border and industry perspectives to deliver results for clients. 

Before establishing his practice in Canada, Dan practised as a Barrister in England & Wales for 12 years, following which he was invited to join the litigation group at McCarthy Tétrault LLP in Toronto and was subsequently admitted to the partnership at Canada’s leading securities litigation boutique. 

Dan has acted in litigation matters on behalf of some of Canada’s major corporations and financial institutions. Dan uses his strategic and advocacy skills in navigating sensitive litigation and investigations for organizations, corporations, and private individuals dealing with business disruption, governmental and regulatory intervention, and reputational risk. In addition, Dan acts as a trusted advisor in matters involving complex and cross-border investigations, anti-corruption, anti-money laundering, and white-collar defence, enforcement and compliance. 

During his time at the UK Bar, Dan was repeatedly recommended by Chambers & Partners and Legal 500 as a top tier trial barrister. He represented clients before all levels of court and various administrative and disciplinary tribunals. In recognition of his skills and experience, Dan was appointed to the selective Attorney General’s Panels of Counsel in civil and regulatory law, acting for government departments and agencies in sensitive, high-profile matters. Dan also served as counsel in numerous complex white collar and regulatory jury trials and was appointed to the UK Serious Fraud Office Panel of Counsel for his experience in white collar investigations. 

Dan earned his law degree with merit from the University of Nottingham School of Law in 2004 and was awarded an overseas scholarship to study at National University of Singapore Faculty of Law. He later completed a Master of Laws in international business law at the University of Manchester, graduating with Distinction. In 2005-06, Dan was a Fox Scholar with McCarthy Tetrault LLP before completing pupillage at a leading commercial set of chambers in the Inner Temple, London. 

Dan was called to the Bar of England & Wales in 2005, after studying at the Inns of Court School of Law in Gray’s Inn, and the Ontario Bar in 2020. 

Benchmark Litigation Canada – “Future Star” 

The Best Lawyers in Canada – Corporate & Commercial Litigation 

Chambers & Partners UK Bar  

  • “He is hard-working, well prepared and has a good court manner that judges like.” “He is calm under pressure and shows high levels of preparation.” 2021
  • “One of the stars of the junior Bar in the North.” “He is extremely charismatic, user-friendly and thorough. He is exceptionally bright, very talented and very measured.” 2020 
  • “Very hard-working and responsive. He is very bright, calm in court and has an extensive knowledge of the law.” 2019 
  • “A quality barrister.” “Particular expertise In cases involving allegations of tax fraud and international money laundering.” 2018 

Legal 500 UK Bar  

  • “Very strong on the law and always accessible.” 2020-2021, ranked 2022
  • “A tactically aware and highly effective advocate.” 2019 
  • “His court demeanour belies his years of call.” 2018 
  • “Succinct and pragmatic.” 2017 
  • “A hardworking and keen junior; one to watch.” 2016 
  • “Good technical knowledge.” 2015 
  • “He has the gravitas of a much more senior barrister.” 2014 

Expertise

Ghahhary Thomas is ranked in Best Firms as a leading Toronto law firm for corporate and commercial litigation. Dan Thomas is ranked in The Best Lawyers in Canada as a leading lawyer for corporate and commercial litigation. 

Throughout his career, Dan has been a trusted advocate and advisor instructed by publicly traded and privately held corporations, as well as individuals, in disputes over banking, commercial contracts, shareholder matters and fiduciary obligations. Dan has acted in numerous shareholder oppression claims and derivative actions brought under the Canada and Ontario Business Corporation Acts on both sides – accused corporations, and oppressed shareholders and directors and officers. 

Representative Cases
  • Member of team of counsel successfully representing Canadian public company in international arbitration under UNCITRAL rules achieving an arbitral award of over $150m.  
  • Member of team of counsel in successfully representing a financial institution in the largest fidelity bond claim in Canadian history. 
  • Representing large British Columbia based investment dealer defending claim brought by rival firm for allegedly poaching clients. 
  • Co-counsel in $400m claim against one of Canada’s largest financial holdings companies. 
  • Member of team of counsel representing North American sports franchise owners in $700m claim and defending $1B counterclaim concerning new stadium build and real estate development. 
  • Successfully acting for public company accused of involvement in fraudulent kick-back scheme against Ontario Government described as the largest fraud in provincial government history
  • Regularly acting for investors seeking recovering of monies provided or lent to various investment schemes.

Dan has front rank experience in securities litigation and regulation. Prior to founding Ghahhary Thomas LLP, Dan was admitted to the partnership at Canada’s leading securities litigation boutique where he practised at the cutting edge of Canadian securities law.  

Securities Enforcement & Regulatory Defence 

Dan has extensive experience acting on behalf of corporations and individuals in investigations and enforcements proceedings brought by the Ontario Securities Commission (OSC), and provincial securities commissions as well as the Canadian Investment Regulatory Organization (CIRO). 

Dan has successfully represented clients against a range of allegations including disclosure violations, compliance deficiencies, insider trading and tipping, and fraud. Dan has particular experience in matters concerning the evolving regulation of cryptocurrency in Canada. 

Dan advises clients on cross-border investigations involving the Canadian aspects of proceedings before Securities and Exchange Commission (SEC) and other regulators in the US and the Financial Conduct Authority (FCA) in the UK. 

Dan’s clients have been drawn from all walks of life, many facing investigations and enforcement proceedings for the first time. He has represented major corporations and C-Suite executives in complex fraud matters and private individuals being investigated for insider trading.  

Ghahhary Thomas LLP’s decades of business crime trial experience provides clients facing quasi-criminal and criminal proceedings involving securities law breaches under the Securities Act and/or the Criminal Code with a unique multi-disciplinary team.  

Securities Class Actions 

Dan acts for corporate and individual defendants in securities class actions. Dan’s class proceedings experience includes primary and secondary market misrepresentation and omission claims.  

Most recently, Dan acted for the CEO of a large US-based defence contractor in a class proceeding in which the investor plaintiffs alleged that the company made misrepresentations contrary to the Ontario Securities Act over an extended time period.

Representative Cases
  • Defending the first individual to be investigated by the British Columbia Securities Commission and CIRO for alleged breaches in respect of dealing in cryptocurrency.   
  • Representing senior executives in OSC cryptocurrency investigation.   
  • Co-counsel representing senior executive in OSC enforcement proceedings before the Capital Markets Tribunal arising out of the collapse of Bridging Finance Inc.  
  • Counsel for CEO of Canadian mining and exploration company operating in Peru in OSC enforcement proceedings before the Capital Markets Tribunal arising out of disclosure violations.  
  • Representing the CEO of a large US-based defence contractor in a class proceeding in which the investor plaintiffs alleged that the company made misrepresentations contrary to the Ontario Securities Act over an extended time period.  
  • Defending numerous investment advisors accused of breaching CIRO rules, including in respect of powers of attorney and personal conduct matters.  
  • Representing numerous individuals investigated by OSC for insider dealing.  

Dan has appeared as trial counsel in over 30 business and regulatory crime trials and has been repeatedly ranked in Chambers & Partners and Legal 500 UK guides as top tier barrister in the fields of Business and Regulatory Crime.  

Dan achieved the distinction of being appointed to the UK Attorney General’s “Regulatory List” – an elite panel of counsel who prosecute regulatory breaches and criminal offences for the UK’s health and safety, environmental, and business regulators. Dan was appointed to the Serious Fraud Office Panel of Counsel, the governmental body in the UK that prosecutes the largest and most intricate fraud matters. 

Dan has been ranked as a Band 1 barrister in Financial Crime in Chambers & Partners UK between 2018-21 and as a Tier 1 lawyer in Legal 500 UK Bar for business and regulatory crime between 2014-2022.  

Whilst Dan has focused on business crime, he is no stranger to serious criminal matters, having represented the toughest clients, charged with the most serious of offences. During his time as a jury barrister in the UK, Dan appeared for lead defendants in murder trials, including a quadruple homicide, the largest scale drug importation conspiracies, and media intensive sexual offence trials.

Representative Cases

Fraud and financial crime

  • Successfully defending CFO, in UK’s largest multi-agency trading standards fraud prosecution, who was successfully acquitted of conspiracy to defraud and breach of consumer protection regulations. 
  • Successfully defending CEO of road transport company for alleged conspiracy to falsify records. 
  • Defending company and CEO in counterfeit goods prosecution involving international importations of high value products. 
  • Defending Dubai-based businessman in multi-million dollar diversion fraud prosecution brought by revenue prosecutors. 
  • Prosecuting various multi-million dollar frauds on behalf of revenue prosecution agency involving pension funds and missing traders. 
  • Defending business accused of fraudulently selling UK passports. 
  • Defending prominent corporate lawyer accused of money laundering. 

Environmental law

  • Representing environmental regulator in numerous precedent setting prosecutions of waste transfer and storage companies for pollution caused by catastrophic waste fires. 
  • Defending corporations and directors facing regulatory breach offences under environmental protection legislation. 

Health & Safety law

  • Representing health and safety regulator in prosecution of numerous complex fatal accident trials. 
  • Defending corporations and directors accused of breaches of health and safety regulations in fatal and serious accident trials. 
  • Defending corporations and directors in various matters alleging offences under fire safety and food safety legislation. 

Dan has represented and advised numerous public and private companies, committees of the board, directors and officers, and other individuals that find themselves the focus of sensitive, private, internal, governmental, or regulatory investigations. 

Representative Cases
  • Representing C-Suite executives in special investigations.  
  • Advising audit committee in respect of alleged misconduct by C-Suite executives. 
  • Conducting detailed investigation on behalf of audit committee into wide-ranging whistleblower allegations.  
  • Various mandates to investigate internal fraud.  
  • Numerous mandates concerning internal investigations arising from cyber breaches. 

Dan represents healthcare professionals, accountants, lawyers, and other professionals in regulatory proceedings or civil actions arising from their practice.

When practising at McCarthy Tetrault LLP, as part of the firm’s leading CMPA practice, Dan successfully represented many physicians in civil, criminal, and regulatory proceedings. Dan’s expertise in healthcare related matters continued in recent years through mandates in which he represents physicians and healthcare providers facing OHIP billing investigations and, in some cases, allegations of fraud. He has also represented numerous on physicians facing civil actions, disciplinary proceedings, and criminal investigations arising from allegations of sexual assault. 

Representative Cases
  • Representing physicians and clinics in civil, criminal, and regulatory proceedings in Ontario.  
  • Responding to investigations instigated by the Ontario College of Physicians. 
  • Successfully defending numerous UK-based physicians in disciplinary matters before General Medical Council. 
  • Representing accountants, dentists, and other professionals before their professional bodies in disciplinary proceedings.