Elder Marques, Ottawa

About Elder

Elder is an experienced litigator and trusted advisor who works with leading public and private, domestic and international businesses on critical issues of legal liability, risk management, regulatory proceedings and approvals, foreign investment reviews, national security issues, crisis response, public law and public policy. He plays a variety of high-impact roles, including in:

Litigation and Dispute Resolution: He is a seasoned trial lawyer with considerable experience before judges, juries, administrative tribunals and regulatory bodies. His litigation work includes a broad range of complex commercial disputes, competition matters, shareholder activism cases, class actions, defamation, regulatory proceedings and professional liability matters.
Crisis and Risk Management: In addition to his litigation practice, Elder assists clients in crisis situations, providing practical legal advice with a view to ensuring legal compliance and reputational resilience. Elder also advises on the management of internal and regulatory investigations into a range of alleged forms of misconduct, particularly in situations of high reputational or legal risk. He provides systemic risk management advice to sophisticated Canadian and multinational clients in various sectors. He has worked with several clients who have appeared at parliamentary committees or participated in investigations conducted by officers of Parliament.
Corporate Law and Government Strategy: In the context of corporate transactions, Elder assists with the development and execution of strategies to secure governmental and regulatory approvals including Investment Canada Act decisions and sector-specific ministerial approvals. He also works with clients on regulatory and governmental issues more generally, developing strategies to support their objectives and engagement with federal, provincial and municipal governments.

Elder has deep private and public-sector experience, having been one of the most senior political advisors in Ottawa prior to joining Blakes. He served for several years as Senior Advisor to the Prime Minister and also served as Chief of Staff to the Minister of Innovation, Science and Economic Development.

In these roles, Elder worked on a range of high-stakes files in areas such as industrial and innovation policy, foreign investment reviews, national security issues, the management of sensitive litigation, and international trade and foreign policy, including negotiations with the United States, China, Europe and CPTPP countries.

Prior to joining the Government of Canada and Blakes, Elder was a partner at another major national law firm in Toronto. He served as law clerk to the Chief Justice of Canada.

Select Experience

Counsel to a Canadian manufacturer in a commercial arbitration and various civil claims relating to public procurement, breach of contract, and fraud allegations
Acting for Cleveland-Cliffs Inc. on its acquisition of Stelco Holdings Inc., a transaction representing an enterprise value of approximately C$3.4-billion
Counsel to a major streaming service across several rounds of CRTC proceedings implementing new authorities under the Broadcasting Act that permit funding and other obligations to be imposed on non-traditional online undertakings
Acting for the Royal Bank of Canada on its $13.5-billion acquisition of HSBC Bank of Canada
Counsel to a multinational corporation facing a regulatory investigation about whether it engaged in illegal unregistered lobbying activity and related misconduct to advance corporate interests
Counsel to a corporate client facing legislative inquiries involving their business dealings and relationships with government officials in the context of allegations of various real or perceived conflicts of interest and other wrongdoing in relation to public funds
Counsel to individuals facing parliamentary inquiries or regulatory investigations in relation to allegations of misconduct
Preparation of several senior executives for parliamentary testimony on contentious matters

Professional Activities

Elder has been involved in numerous professional associations. He previously served as a vice-chair of the American Bar Association's Business and Corporate Litigation Subcommittee on Class and Derivative Actions. He previously served as an adjunct professor at the University of Toronto’s Faculty of Law, where he taught shareholder activism, and is a frequent guest lecturer and speaker at conferences, industry and bar association meetings, and various law schools and graduate programs.

Elder has taken on pro bono cases for individuals and public interest organizations at both the trial and appellate levels. He has also served on several charitable boards, with a focus on community development, newcomer services and the promotion of education. He currently serves on the board of Bruyère Health, a large multi-site hospital in Ottawa. He previously served as president of the board of St. Christopher House/West Neighbourhood House in Toronto and served for many years on the board executive of the London Goodenough Association of Canada.

An active member of the Luso-Canadian community in Ottawa and Toronto, he has served on the executives of both the Federation of Portuguese-Canadian Business & Professionals (FPCBP) and the Portuguese-Canadian Lawyers Association. He was named a Commander of the Order of Camões, an honour bestowed by the President of the Portuguese Republic.