Robert Malen

With a legal career spanning more than four decades, Robert Malen has extensive experience representing businesses and individuals in complex commercial litigation.

Robert graduated from McGill University with a Bachelor of Arts, First Class Honours, before earning his LL.B. from the University of Toronto Faculty of Law. He was admitted to the Ontario Bar in 1979.

His work includes corporate and commercial litigation, shareholder disputes, banking matters, construction claims, real estate and commercial leasing disputes, employment issues, and estates and trusts litigation. Robert represents both corporate and individual clients and assists them through court proceedings, mediation, negotiation, and other strategic dispute-resolution processes.

Robert is valued for his practical advice, strong advocacy, and ability to identify effective solutions in complicated matters. His core areas of practice include commercial litigation, construction law, employment disputes, shareholder matters, real estate and leasing, and estates and trusts.

Over the course of his career, Robert has represented clients before every level of court in Ontario and has appeared before the Supreme Court of Canada. His experience includes acting as trial counsel in numerous cases and as appellate counsel before the Ontario Divisional Court, the Court of Appeal for Ontario, and the Supreme Court of Canada.

Robert has also made significant contributions to legal writing and education. He co-edited the second editions of two Thomson Reuters publications: Distress: A Commercial Landlord’s Remedy, released in 2021, and Assignment, Subletting and Change of Control in a Commercial Lease, released in 2023.

He co-authored the costs chapter in CanLII’s Civil Procedure and Practice in Ontario 2021 and has published several articles in the Advocates’ Quarterly. His reported decisions have appeared in publications such as the Ontario Reports, Dominion Law Reports, Business Law Reports, and Real Property Reports.

Robert previously taught a weekly law course for business students at the University of Toronto for four years. He was named in the 2025 edition of The Best Lawyers in Canada.