Organizations need more than advice when the stakes are high and the risks are immediate. They need clear judgment, coordinated strategy and discreet, privilege‑protected guidance. Our investigators provide these by combining legal insight, deep sector experience and advanced technology to manage crises, uncover facts and their implications, and protect reputations.
In these high-stakes situations, decisive action is essential. Without a coordinated response with swift, strategic and discreet counsel who maintain privilege and preserve stakeholder trust, the consequences can be severe: regulatory penalties, lawsuits, financial losses and lasting reputational harm.
Our Team and Our Approach
McCarthy Tétrault’s Investigations platform is a national team of lawyers – leading experts in their respective legal fields – who share a common interest and expertise in advising on and conducting all types of investigations for corporations, financial institutions, and public sector organizations. Our multidisciplinary team has unmatched experience and judgment across key areas, including crisis management, financial crime, governance, risk identification, disputes, employment, and regulatory matters. Our Investigations leaders aggregate these experts and offer a comprehensive and integrated approach to manage the investigation process, conduct the investigation, and/or provide advice to identify and address parallel reputational, litigation and regulatory exposure. With more Chambers-ranked lawyers than any firm in Canada, our team’s experience spans domestic, cross-border, and international investigations.
Our Investigations team is powered by cutting-edge digital forensics and technology. Our in-house team features certified digital forensics analysts, AI experts, and specialized e-Discovery lawyers. MT❯3 is Canada’s leading e-Discovery and digital forensics law firm, using advanced machine learning and GenAI technology to securely support complex investigations. These technologies allow us to take on and efficiently manage large scale and highly complex investigations.
Our team represents the evolution of investigation services. We deliver complete, end-to-end legal and technological solutions for your organization’s most sensitive investigation needs. Please reach out to any member of the team to learn how we can help.
Here is a sampling of the investigation support we have provided clients across Canada:
Representative Investigation Matters
Responding to financial crime risks including bribery, sanctions, tax, and foreign interference.
Internal investigations for:
- Organization facing transnational sports industry investigation and parallel criminal investigation
- Multinational corporation addressing corruption issues in relation to an asset in Africa
- Major financial institution responding to tax authorities as a result of the Panama Papers
- Crown corporation conducting a compliance review of an engineering firm operating around the globe
- A resources client with respect to corruption concerns relating to Indigenous community
- An aerospace company investigating alleged corruption exposure in Eastern Europe
- Public mining company alleged to have engaged in bribery of foreign officials in Africa, and acted for them before enforcement authorities, including the Royal Canadian Mounted Police
- A consumer product manufacturer and distributor on investigation of entertainment and hospitality payments in violation of anti-bribery law and company policy
- Canadian financial institution on investigation of alleged corrupt payments through its operations in the Asia region
- Major Canadian retailer investigating kickback and related bribery issues arising between vendors and the retailer’s buyers
Proceedings on behalf of client defendants, with adjacent investigations:
- Withdrawal of fraud and forgery charges against an individual professional client
- Withdrawal of criminal obstruction charge against client bank manager
- Withdrawal of criminal charge against client in alleged cyber attack
- Stay of criminal price-fixing charges brought against a corporate defendant
- Acquittal and stay of proceedings on behalf of physician clients charged with criminal offences
- Defended the former CEO of Nortel, acquitted of criminal fraud charges
Inquiries into suspected money laundering activities as well as advice on AML compliance, internal policy development, and responses to regulatory inquiries.
- Represented the Toronto-Dominion Bank in the Cullen Commission inquiry into money laundering
- Assisted a financial institution in Canadian law enforcement and civil matters arising from U.S. money laundering allegations
Potential breaches of securities laws, responding to allegations from short sellers, financial and market manipulation, disclosure and registration issues.
- Conducted complex investigations for cross-listed companies facing securities and regulatory inquiries in Canada and the U.S.
- Investigated failures to supervise discretionary trading, churning, and grey market activity.
- Represented public company clients and other registrants in insider trading and tipping investigations.
- Led investigations into alleged director and officer misconduct, including disclosure issues, financial statement manipulation, related-party expenses and other material issues.
- Led an internal investigation in response to a regulator subpoena concerning alleged collusion in banker acceptance and CDOR rate submissions.
- Investigated surveillance and approval processes related to access to an electronic trading system.
- Conducted an independent investigation into senior management practices at a capital market intermediary concerning potential unlicensed trading activity, and assisted the client with voluntary self-reporting to the securities regulator, resulting in a resolution without enforcement action.
- Led an independent enterprise-wide investigation for a CIRO-regulated investment dealer to assess potential regulatory exposure and civil litigation risk arising from alleged systemic deficiencies in know-your-product and trade-suitability compliance practices.
Assessments to ensure adherence to employment and labour laws and workplace regulations, including with respect to wages, hours, and working conditions.
- Conducting workplace legal compliance audits for various private-sector employers, focusing on proactive risk management and alignment with evolving statutory requirements.
- Leading overtime and wage compliance audits for major Canadian banks, addressing systemic compensation practices and ensuring adherence to federal and provincial employment standards.
- Supporting a pharmaceutical industry client through an internal investigation involving regulatory compliance, operational best practices, and reputational risk mitigation.
Inquiries into complaints of harassment, discrimination, bullying, violence, unfair treatment or systemic hostile behavior.
- Led an improper hiring and biased termination investigation for large utility company.
- Conducted harassment and Code of Conduct investigations of C-suite and senior level employees for multiple private and public companies.
- Investigated systemic psychological harassment and conflicts of interest across all levels of an international organization.
- Conducted a workplace review of Sustainable Development Technology Canada on behalf of the Minister of Justice and Attorney General, with a focus on governance, accountability, and organizational culture.
- Led a workplace violence investigation in a unionized environment in an academic institution.
- Advised on an internal investigation of Code of Conduct and legal compliance review for a Board of Directors of public company.
- Investigated improper relationships between executives contrary to Code of Conduct.
Investigations into workplace accidents and health and safety compliance.
- Advising a mining company in connection with serious workplace injury investigations and related Ministry of Labour charges, involving complex regulatory exposure and health and safety compliance obligations.
- Leading coroner inquest investigations related to critical workplace accidents.
- Providing proactive advice to manufacturing and mining companies in all areas of health and safety policy and prevention.
Investigations into breaches of organizational policies or ethical standards by directors, officers, employees, third parties or other stakeholders.
- Conducted three investigations into off-label marketing strategies and broader compliance breaches in the pharmaceutical industry.
- Performed a workplace conduct review for international accounting firm.
- Investigated improper relationships investigation at the executive level for automobile company.
Investigations into unauthorized access, data breaches, cyberattacks, and the mishandling or misuse of personal or sensitive information, including in cross-border contexts. Our work includes breach response, regulatory investigations, and litigation involving digital systems and privacy compliance.
- Led privileged investigations into several of the largest data and privacy breaches in Canadian history, including forensic and information governance reviews and technology-assisted compromised data assessments as well as governmental relations/public relations strategic advice.
- Advised on a large-scale investigation following a data breach caused by an employee. The matter involved coordination with multiple regulators and law enforcement, including the RCMP, and required managing search warrants, Lavallée motions, and media engagement.
- Investigated a former employee in connection with a potential data breach, including assessment of internal controls and regulatory implications.
Reviews to ensure that business operations and third-party relationships comply with international sanctions, anti-terrorism measures, export controls and ethical sourcing standards.
- Acting for Canadian aerospace manufacturer on government and internal investigation of diversion of export-controlled parts and components to prohibited destinations, including Iran and Russia.
- Advising multiple Canadian and global financial institutions on economic sanctions investigations and enforcement matters, including voluntary and mandatory disclosures to the RCMP, investigations by the RCMP and other enforcement authorities and necessary de-risking of financial products and customer relationships.
- Advising major Canadian university on investigation into compliance and disclosures regarding defence trade controls under the Defence Production Act Controlled Goods Program.
- Acting for financial institutions on internal investigations regarding customers associated with listed entities under the anti-terrorism provisions of Canada’s Criminal Code.
- Representing leading U.S.-based high tech company on multiple investigations regarding export and technology transfers of sensitive export-controlled items abroad.
- Advising major U.S. and Canadian logistics and transportation company on investigation regarding shipments to and from countries and regions that are targets of international economic sanctions or anti-terrorism laws.
- Acting for multinational defence and aerospace contractors on investigations and voluntary and mandatory disclosures regarding potential violations of export and technology transfer controls and the domestic security controls of the Defence Production Act and its Controlled Goods Program.
- Advising North American manufacturer of network hardware on investigations and allegations of offences regarding export and technology transfer control matters, including voluntary disclosures to Global Affairs Canada and the Canada Border Services Agency.
We have Canada’s leading competition/antitrust practice for price-fixing, bid-rigging and other cartel defence matters. We have advised and defended companies in more than 30 cartel investigations over the past 25 years, virtually all of which required internal investigations in order to reach a successful resolution. Our experience includes:
- Defending contested cartel prosecutions, including successful defence of bid-rigging charges against a corporation and an individual executive, resulting in the Canadian Government making legislative amendments to the scope of the bid-rigging offence.
- Successfully representing companies, on a confidential basis, in persuading the antitrust authorities that certain conduct is outside the scope of the Competition Act.
- Assisting dozens of corporate immunity and leniency applicants in securing immunity, or reduced liability, under the Competition Bureau’s amnesty programs.
- Coordinating the international defence of global cartel matters as part of a worldwide team of expert defence counsel.
- Advising companies on the procurement and debarment aspects of cartel conduct, including the application of Public Services and Procurement Canada (formerly PWGSC) policies, and successfully obtaining exemptions from its Ineligibility and Suspension Policy.
Reviews of board and executive conduct to ensure accountability, transparency, and compliance with governance frameworks.
- Developed anti-foreign interference, security, and integrity policies for a major financial institution
- MT❯3 supported an internal investigation into a CEO’s conduct after a change in control to identify evidence to support allegations of misappropriation of funds.
- Using machine learning, conducted an internal investigation for senior management into the timing and scope of knowledge regarding the failure of safeguards to approve an internal process change that led to significant financial losses.
Assess regulatory risk, investigate compliance issues, and analyze evidence related to product features, claims, and documentation.
- Highly confidential internal investigations into product regulatory compliance, including end-to-end reviews of trade practices, advertising and labelling, supply chain and distribution models, pricing and promotional programs, market conduct, and interactions with distributors, retailers, and third party intermediaries. These matters frequently involve sensitive cross border issues, multi-jurisdictional regulatory frameworks, and privilege protected fact finding to assess exposure and inform strategic decision making.
- Internal compliance and risk assessments across the full product lifecycle, including product formulation, sourcing, manufacturing, quality control, packaging, labelling, marketing, import/export, and distribution. This work regularly includes the design and implementation of internal corrective actions, remediation plans, compliance program enhancements, and training, as well as coordination of external corrective measures such as product changes, recalls, market withdrawals, or revised commercial practices where required.
- Regulatory strategy and negotiations with provincial and federal regulators across a wide range of sectors, including consumer goods, consumer care products, food and beverage, alcoholic beverages, pharmaceuticals, machinery, commodities, and other regulated products. This includes managing inspections, responding to regulatory inquiries and enforcement actions, negotiating compliance outcomes and undertakings, and guiding clients through complex, evolving regulatory regimes while balancing legal risk, commercial objectives, and reputational considerations.
Key Contacts
