Justin R. Lambert

Partner

T: 403.298.3046 / E: lambertj@bennettjones.com

Calgary

Justin Lambert maintains a complex commercial litigation practice focusing on securities litigation, fraud recovery and energy disputes. A practical litigator, he works to align litigation with his clients’ broader strategic and business objectives.

Justin is frequently called upon to handle intricate securities litigation matters including shareholder disputes, oppression claims, directors’ duties, corporate mergers, proxy solicitations and regulatory issues.

He also assists corporations and special committees in conducting internal investigations into whistleblower complaints. His experience includes investigating allegations such as insider trading, foreign corrupt practices, vendor kickbacks and misstatements in publicly released audited financial statements. These matters often require coordination with auditors, domestic regulators and cross-border collaboration with colleagues in other jurisdictions.

Justin helps clients trace, freeze and recover fraudulently misappropriated funds using various legal tools and court orders including court-appointed receivers. He has extensive experience tracing and recovering assets across provincial and international borders.

His energy litigation practice includes disputes over royalties, leases and ownership of interests in wells. He also assists clients in resolving conflicts related to industry-standard form operating agreements, leases and accounting procedures.

Beyond these areas, Justin advises clients on a wide range of commercial litigation matters. He has appeared before all levels of court in Alberta and has experience in both domestic and international arbitration.

Justin is also a founding board member of Brady’s Foundation for Pediatric Palliative Care, a charitable organization that provides financial and other assistance to families of children with rare life-limiting diseases and genetic conditions.

Select Experience

Successfully compelled a former provincial cabinet minister to attend questioning in a matter involving the alleged expropriation of mineral leases: Cabin Ridge Project Limited v Alberta, 2025 ABCA 53
Joint venturers in the tracing, location and freezing of assets following the fraudulent misappropriation of COVID government support by a corporate hotel manager
Riverstone Pipestone LP and Riverstone V REL CNOR LP, the largest shareholders of Pipestone Energy Corp., in connection with the acquisition by Strathcona Resources Ltd. of all of the outstanding shares of Pipestone pursuant to a plan of arrangement
Riverstone Holdings LLC, through its subsidiary Riverstone Pipestone LP, in its investment in the $67.9-million private placement of convertible preferred shares of Pipestone Energy Corp
Bow River Capital, a Denver-based alternative asset manager, in a majority recapitalization of Vitruvi ("Company"), a geospatial-based Construction Management software platform
Objecting shareholders on successfully opposing the Court approval of a plan of arrangement: HEAL Global Holdings Corp, 2023 ABKB 451
Counsel to a court-appointed receiver in successfully setting aside the wrongful transfer of $3.3 million: 2022 ABKB 767, 2022 ABKB 768
Alcanna Inc. in its approximately $320-million acquisition by Sundial Growers Inc. by way of court-approved plan of arrangement
A domestic ad-hoc arbitration involving claims about an alleged shortfall in the minimum volume commitments existing under a products handling take-or-pay contract. The arbitration involved disputes about a material adverse change clause, repudiation, and contractual good faith duties
Bidell Equipment LP, in a successful trial against Caliber Midstream GP LLC and Caliber Midstream Partners, L.P.: 2019 ABQB 296
Calfrac Well Services Ltd., in finding that an activist investor breached a confidentiality agreement: 2019 ABQB 340
Confidential client in representing the Board of Directors in connection with an auditor-initiated internal investigation into executive compensation payments being conducted by the Audit Committee
The acquisition by International Petroleum Corporation of BlackPearl Resources Inc. (with an estimated enterprise value of approximately $675 million) by way of a share exchange pursuant to a plan of arrangement under the Canada Business Corporations Act.
Eagle Energy Inc., in the successful defense against activist investors in a proxy contest for control of its board of directors
PointNorth Capital, in litigation aspects of its successful proxy contest for renewal of the board of directors of Liquor Stores N.A. Ltd.
TerraPro Group Inc., an Alberta-based provider of environmental, terrain protection and remote access solutions, in its reorganization pursuant to a plan of arrangement and concurrent refinancing
Group of employees departing from an employee-owned corporation, in negotiating the multi-million-dollar buyout of their shares in the face of management attempts to reduce the purchase price
A public company in the investigation of possible tipping by an employee contrary to the Securities Act, and responding to associated securities commission inquiries
Defendant companies in class action proceedings in which it was alleged that the defendant companies had charged improper interest rates on late payments
Audit Committee of Penn West Petroleum Ltd., in a management-initiated, voluntary review of certain accounting practices, and in connection with the restatement of the company's previously filed financial statements arising from the review
The operator of a private oil sands airfield in defending an $81-million claim for conspiracy, wrongful competition, and interference with contractual relations
Set aside a fraudulent transfer of assets carried out for the purpose of defeating a creditor
Obtained a multimillion dollar summary judgment for clients whose funds were misused by a promoter of a land investment: 2013 ABQB 499, affirmed by the Court of Appeal of Alberta, 2014 ABCA 205
Defeated an application brought by a non-Operator to replace the Operator of 5 wells
Obtained an injunction prohibiting a joint-Operator from conducting an operation which threatened a wellbore and future production
Defeated an injunction application in which the applicant sought to prohibit the screening of a film at a film festival
Proposed representative plaintiffs in a class action relating to an alleged Ponzi scheme alleged to have received in excess of $100 million from Albertan and Canadian investors. In this regard, have obtained Receivership Orders against the key companies and Attachment Orders freezing the assets of alleged key defendants
Defeated an application for a stay of disciplinary proceedings being conducted by a professional organization against one of its members: 2008 ABQB 522
A national non-profit organization, in recovering funds and other property wrongfully misappropriated to form a competing organization
Rolling Thunder Exploration Ltd., in its acquisition by Action Energy Inc. by way of court-ordered plan of arrangement
Foreign defendants, in proceedings to stay a claim brought against them in Alberta on the basis of forum and jurisdiction

Recent Recognitions

Best Lawyers in Canada

Recognized in Corporate and Commercial Litigation
Benchmark Litigation: Canada

40 & Under Hot List
Recognized, Future Star
Recognized, Litigation Star
Chambers Canada

Ranked Spotlight, Litigation: Securities
Canadian Legal Lexpert Directory

Repeatedly Recommended, Litigation - Corporate Commercial

Recent Insights, News & Events

Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
52 Lawyers Recognized in Lexpert Special Edition: Energy 2023
Announcements / September 25, 2023
52 Bennett Jones lawyers have been recognized for their legal expertise in the Lexpert Special Edition: Energy 2023. This issue highlights the latest industry developments, trends and legal issues including oil and gas, renewables, environmental regulation and Indigenous consultation.
Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
Announcements / August 24, 2023
104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Forty Bennett Jones Lawyers Recognized In Benchmark Canada 2023
Announcements / April 26, 2023
Bennett Jones is Highly Recommended in the 2023 Benchmark Canada rankings, with 40 individual lawyers ranked this year—30 Litigation Stars and 10 Future Stars. Benchmark Litigation's law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients as well as analysis of the market’s most important cases and firm developments.
'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class Proceeding
Blog / December 13, 2022
Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for overtime, vacation time, damages for COVID-19 pandemic terminations, extended healthcare benefits, misclassification of workers and systemic discrimination and harassment. The Alberta Court of Appeal decision in Flesch v Apache Corporation, 2022 ABCA 374 now adds claims for long-term incentive compensation to this growing list. This decision also revisits the "gatekeeping" role the court has in certifying such class proceedings.
Supreme Court of Canada Clarifies Law In de facto Expropriation Cases
Blog / October 27, 2022
A majority of the Supreme Court of Canada recently clarified that any public “advantage” that government obtains through land regulations that deprives a property owner of all reasonable or economic uses of their property is sufficient to establish a de facto expropriation claim. Annapolis Group Inc v. Halifax Regional Municipality, 2022 SCC 36 is a welcome development for land and resource developers.
Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?
Blog / September 23, 2022
In Henenghaixin Corp v Deng, 2022 ABCA 271, the Alberta Court of Appeal sent a clear warning that counsel applying for extraordinary remedies must be careful when relying on hearsay evidence to ground their claims. In this case, the applicants relied on hearsay evidence without explaining why they were required to do so. The result was that the order was set aside on appeal.
Benchmark 40 & Under Hot List Honours Three Bennett Jones Lawyers
Announcements / August 02, 2022
Laura Gill, Justin Lambert and Amanda McLachlan have been honoured once again in the 2022 Benchmark 40 & Under Hot List.
Spring 2022 Commercial Litigation Update
Event / June 28, 2022
Please join the Bennett Jones Commercial Litigation group for a special presentation on updates in the commercial litigation landscape for 2022 and beyond. Topics discussed will include class actions on the rise; contractual performance in an era of pandemics, wars and supply chain disruptions; and recent cases of interest.
Alberta Court Denies Application to Hear Motion to Strike Prior to Class Action Certification Hearing
Blog / May 17, 2022
In Perez-Nana v Cargill Limited, 2022 ABQB 283, the Alberta Court of Queen's Bench considered a sequencing application. Guided by efficiency and fairness, the Court refused to hear the motion to strike the claim or portions thereof prior to the certification application, and ordered the applications be heard concurrently.
Alberta Court of Queen's Bench Finds Conflict of Interest for Class Counsel Also Representing Individual Claims
Blog / May 16, 2022
In Smith v Lafarge Canada Inc, 2022 ABQB 289, the Court of Queen's Bench considered a preliminary application arising out of a proposed class action which involved claims advanced on behalf of the proposed class as well as individual claims specific to the proposed representative plaintiff.
Bennett Jones Highly Recommended in Benchmark Canada 2022
Announcements / April 28, 2022
Bennett Jones is Highly Recommended as a firm in the 2022 Benchmark Canada rankings, with 38 individual lawyers ranked this year—30 are Litigation Stars, with 5 ranked as a Top 50 Trial Lawyer, and 8 are Future Stars.
Alberta Court of Appeal Considers Claim of Pure Economic Loss
Blog / March 28, 2022
The Alberta Court of Appeal recently considered the latest Supreme Court of Canada decision on pure economic loss in a decision involving a proposed class action for damages related to a pipeline spill. In its decision, the Court of Appeal considered the concept of "pure economic loss," which the Supreme Court of Canada has defined as monetary loss not connected to a physical or mental injury to the plaintiff's person or physical damage to their property.
Share Swaps and Break Fees: ASC Decision Provides Guidance on Break Fees and Disclosure of Swaps
Blog / January 26, 2022
On December 21, 2021, a panel of the Alberta Securities Commission (ASC) published its written decision in Re Bison Acquisition Corp., 2021 ABASC 107. The decision followed a July 2021 hearing and oral ruling on cross-applications from Bison Acquisition Corp. (Bison) together with Brookfield Infrastructure Corporation Exchange Partnership, both in connection with Brookfield Asset Management Inc., Inter Pipeline Ltd. (IPL) and Pembina Pipeline Corporation (Pembina). These applications were made in the context of competing offers from Pembina and Bison to acquire IPL.
2022 Securities Law Forum
Event / January 19, 2022
Please join us for our annual Securities Law Forum in a virtual format. We will be providing an overview of essential securities law developments for 2022.
Benchmark 40 & Under Hot List Honours Three Bennett Jones Lawyers
Announcements / July 21, 2021
Three Bennett Jones lawyers are honoured in the 2021 Benchmark 40 & Under Hot List: Laura M. Gill, Justin R. Lambert, and Amanda C. McLachlan.
Leave to the Supreme Court Denied: Latest on Pre-Certification Stays in Multijurisdictional Class Actions
Blog / May 25, 2021
We previously discussed the Alberta Court of Appeal's decision in Ravvin v Canada Bread Company, Limited, 2020 ABCA 424, which arose out of an alleged packaged bread price-fixing conspiracy. Plaintiffs started class proceedings in multiple provinces but stays were granted in most actions in favour of a national class proceeding before the Ontario Superior Court of Justice. The defendants similarly moved to stay the two proposed class proceedings in Alberta on the basis that they overlapped with the Ontario proceedings, which were more advanced. The plaintiff opposed the stay arguing that the certification application needed to proceed first.
Bennett Jones Wins Class Action Team of the Year Award
Announcements / May 19, 2021
Bennett Jones is the winner in the Class Action Team of the Year category in the 2021 Canadian Law Awards, for the firm's work for the defendants in Winder v. Marriott International Inc. The Canadian Law Awards recognizes the nation’s leading law firms, in-house legal teams, individuals, deals and cases over the past year, reflecting true excellence in the country's legal profession.
Bennett Jones Highly Recommended in Benchmark Canada 2021
Announcements / May 04, 2021
Bennett Jones is Highly Recommended as a firm in the 2021 Benchmark Canada rankings, with 37 individual lawyers ranked this year—29 are Litigation Stars, 8 are Future Stars and 5 are Top 50 Trial Lawyers.
Important New Guidance from the Court of Appeal on TSX Majority Voting Rules, Reasonable Expectations in Oppression Claims and Contractual Set-Off
Blog / March 11, 2021
Since 2014, the Toronto Stock Exchange (TSX) has required listed issuers without a majority shareholder to implement a majority voting policy requiring each of its directors to be elected by a majority of the votes cast (50 percent plus one vote) with respect to their election at uncontested shareholder meetings. The TSX's Majority Voting Requirement provides that, subject to exceptional circumstances, any director who fails to meet this threshold must immediately tender their resignation.
Evidence of Harm Required To Advance Class Action Following Data Breach
Blog / February 24, 2021
The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm or loss.
Annual Securities Law Forum
Event / January 20, 2021
Our Annual Securities Law Forum was presented in a virtual format, providing an overview of essential securities law developments for 2021. Topics covered were of interest to in-house counsel, management, directors and compliance personnel.
Pre-Certification Stays in Multijurisdictional Class Actions: Ravvin v Canada Bread Company, Limited
Blog / December 04, 2020
In the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy and the avoidance of duplicative and overlapping proceedings in multijurisdictional class actions.
Supreme Court Reaffirms Low Bar for Authorizing Class Actions in Québec
Blog / November 09, 2020
The Supreme Court of Canada’s recent decision in Asselin v Desjardins Cabinet de services financiers inc, 2020 SCC 30, reaffirms Québec’s low bar for authorizing class actions—and may arguably lower it further.
Three Bennett Jones Lawyers in Benchmark 40 & Under Hot List
Announcements / August 05, 2020
Three Bennett Jones lawyers have been honoured in the 2020 Benchmark 40 & Under Hot List.
Alberta Corporations Law Guide
Articles / December 06, 2019
Bryan Haynes, Brent Kraus, Scott Bodie, Denise Bright, Drew Broughton, Kelly Ford, Bruce Hibbard, Peter Inglis, Justin Lambert, Kahlan Mills, Jon Truswell, Adrienne Roy and Brian Wells were involved in updating the Alberta Corporations Law Guide, Vol. 1 for LexisNexis.
Annual Securities Law Forum 2019
Event / January 23, 2019
Please join us for the Bennett Jones Annual Securities Law Forum. We will be providing an overview of essential securities law developments for 2019. Topics covered will be of interest to in-house counsel, [...]
Justin Lambert in Lawyer's Daily on Alberta Securities Commission Whistleblower Office
In The News / November 29, 2018
In The Lawyer's Daily article, "New protections offered for securities whistleblowers in Alberta," Justin Lambert is interviewed. Justin comments on the decision to not provide financial incentives to whistleblowers.
SCC Renders Judgment on Cooperative National Securities Regulator
Blog / November 12, 2018
On November 9, 2018, the Supreme Court of Canada (SCC) unanimously ruled that a proposed pan-Canadian securities regulator is constitutionally acceptable. The decision, Reference re Pan-Canadian Securities [...]
Don’t Short the Truth
Blog / October 24, 2018
A recent decision of the Alberta Securities Commission appears to give short-sellers wide latitude to negatively comment on targets, and sets a potentially high burden on ASC Staff when seeking interim [...]
Four Bennett Jones Lawyers Recognized in the Benchmark Under 40 Hot List
Announcements / July 05, 2018
Four Bennett Jones lawyers have been honoured in the 3rd annual edition of Benchmark's 40 & Under Hot List. Benchmark says, “these practitioners are among the top young talent in their respective litigation communities”. Ranjan K. Agarwal, Partner, Toronto Justin R. Lambert, Partner, Calgary David R. McKinnon, Partner, Calgary Christine Plante, Partner, Calgary Benchmark, a well-known legal publisher, exclusively covers the litigation and dispute resolution market in North America, including the US, Canada and Mexico.
Alberta Securities Commission Allows No-Contest Settlement Agreements
Blog / May 15, 2018
The Alberta Securities Commission (ASC), the regulatory agency responsible for administering provincial securities laws in Alberta, announced last week that it would be following the lead of its Ontario [...]
Soliciting Dealer Arrangements—CSA Staff Notice 61-303 and Request for Comment
Updates / April 25, 2018
The Canadian Securities Administrators (CSA) published Staff Notice 61-303 and Request for Comment on April 12, 2018, which outlines issues that the CSA has identified regarding the use of soliciting dealer fee arrangements in proxy contests and corporate transactions. The CSA has proposed no rule changes at this time and is seeking input generally and in response to specific questions (our experience in the past is that members of the CSA have taken different views on the use of soliciting dealer fees). However, it is clear that as a result of the recent use of this mechanism in the proxy contest for board control of Liquor Stores N.A. Ltd., there is renewed interest in these types of arrangements and their impact on market participants. Comments must be submitted by June 11, 2018.
Navigating Class Actions: What You Need to Know to Protect Your Business and Reputation
Event / April 12, 2018
Please join Bennett Jones and Global Public Affairs for an in-depth look at the key trends in class actions—and what they mean for companies in Canada.
The Alberta Securities Commission’s Credit for Exemplary Cooperation Program
Blog / October 19, 2017
The Alberta Securities Commission (ASC) announced its new Credit for Exemplary Cooperation in Enforcement Matters Policy (ASC Policy) on October 16, 2017. The ASC Policy sets out the benefits of cooperating [...]
Priority of Operator's and Possessory Liens and the Need to Register or Prove Your Lien
Blog / September 25, 2017
The Alberta Court of Queen's Bench recently reviewed the law regarding priority of operator’s liens and emphasized the heavy evidentiary burden to be satisfied by a creditor asserting a possessory [...]
Five Bennett Jones Lawyers on the Benchmark Under 40 Hotlist
Announcements / August 31, 2017
Five Bennett Jones lawyers have been honoured on the second annual edition of Benchmark's Under 40 Hotlist. Benchmark says that, “these practitioners, all aged 40 or younger, have been deemed the most promising emerging talent in their respective litigation communities in the US and Canadian litigation community by peers and clients."
Alberta Government to Strengthen Powers Related to Securities Investigations
Blog / May 16, 2017
On Monday, May 8, 2017, the Finance Minister introduced Bill 13: Securities Amendment Act, 2017. As described to the media, and during First Reading, the Bill aims to strengthen investor protection by [...]
Supreme Court of Canada Denies Jury Trials for Securities Act Offences
Blog / February 28, 2017
In two recent decisions, R v Peers, 2017 SCC 13 and R v Aitkens, 2017 SCC 14, the Supreme Court of Canada (SCC) held that those accused of securities law offences do not have the right to a trial by jury. Background The [...]
The Corporate Veil Matters
Blog / January 25, 2017
In two related decisions, the Ontario Court has said, resoundingly, that it will respect the corporate veil, even for complicated corporate groups with numerous subsidiaries. Both decisions involve the [...]
Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?
Blog / November 21, 2016
On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992. The proposed class members include current [...]
Transfer of Operatorship of Oil and Gas Assets Upon Insolvency
Blog / July 20, 2016
Operating agreements for oil and gas assets typically contemplate the immediate replacement of the operator by another working interest owner in the event of the operator's insolvency. However, these [...]
Alberta Confirms it Will Not Join Cooperative Capital Markets Regulatory System
Updates / March 31, 2016
On March 29, 2016, Alberta Finance Minister J Ceci formally announced that the Province of Alberta would not join British Columbia, Saskatchewan, Ontario, and other jurisdictions in the creation of a national securities regulator. Minister Ceci's announcement re-affirms the position taken by previous Alberta provincial governments.
Court of Appeal of Alberta Allows Sharing Self-Incriminating Evidence Given in Securities Proceedings with Foreign Authorities
Blog / January 26, 2016
For many years, there has been a growing concern in Alberta and elsewhere as to what might happen when the subject of a compelled examination under Alberta securities law faces potential scrutiny in other [...]
Supreme Court of Canada Releases Securities Class Actions Trilogy
Blog / December 04, 2015
Clarifies that the Leave Test has Teeth in Common Law Jurisdictions as well The Supreme Court of Canada released reasons in its highly-anticipated trilogy of securities class action cases. In Canadian [...]
Litigation M&A Issues Before Courts and Tribunals
Speaking Engagements / November 05, 2015
Justin Lambert presented as Guest Lecturer on Litigation M&A Issues Before Courts and Tribunals at the University of Calgary Law Business Law 693.02.
Supreme Court Declares Canadian Corporations may be Liable for Acts of Foreign Affiliates
Blog / September 04, 2015
In a just-released decision, Chevron Corp v Yaiguaje, 2015 SCC 42, the Supreme Court of Canada held that Canadian courts have jurisdiction to decide whether a foreign judgment can be enforced in Ontario [...]
Cooperative Capital Markets System Publishes Revised Draft Legislation and Draft Regulations
Updates / September 01, 2015
On August 25, 2015, the participating jurisdictions of the proposed Cooperative Capital Markets System (the Cooperative System) published for comment a revised consultation draft of the uniform provincial/territorial Capital Markets Act (CMA) and draft initial regulations. The comment period is open until December 23, 2015. Additional draft initial regulations will be published for comment in the coming months, including a harmonized set of prospectus exemptions and a fee regulation.
Potential Privacy Breach Results in the Conditional Certification of a Class Action
Blog / August 24, 2015
On July 27, 2015, the Federal Court conditionally certified a class action with respect to an alleged privacy breach arising from the federal government's administration of the Marihuana Medical Access [...]
Significant Headwinds for Securities Class Actions
Blog / August 10, 2015
In April 2015, the Supreme Court of Canada released its decision in Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, in which it emphasized the need for a robust screening mechanism to prevent [...]
Alan Gardner, Justin Lambert and Jonathan Bell in the Financial Post on Securities Class Actions
In The News / April 22, 2015
In the Financial Post article by Drew Hasselback, "Corporate Canada Wins One In the Battle for Securities Class Actions," the Bennett Jones client update written by Alan Gardner, Justin Lambert and Jonathan Bell is noted for commenting on the Supreme Court of Canada's decision to dismiss a proposed securities class action against Theratechnologies Inc.
Theratechnologies Inc. v. 121851 Canada Inc.: The Supreme Court Gives the Leave Test Teeth
Updates / April 20, 2015
For the first time, the Supreme Court of Canada has weighed in on the threshold for granting leave for plaintiffs to commence statutory causes of action for secondary market misrepresentation cases. In contrast to recent decisions from several courts of appeal that had set a remarkably low standard, the Supreme Court has clearly stated that the statutory requirement to seek leave before commencing such actions reflects a legislative objective of creating a "robust deterrent screening mechanism" that should be "more than a speed bump". The Court explained that claimants must have both a plausible analysis of the applicable legislative provisions and some credible evidence in support of the claim before being granted leave to proceed.
Bennett Jones Welcomes 10 New Partners
Announcements / March 09, 2015
Bennett Jones is proud to announce 10 new partners to the firm: Robert Bothwell, Alixe Cameron, Kristopher Hanc, Karen Keck, Justin Lambert, James McClary, Duncan McPherson, Aaron Sonshine, Geoff Stenger, and Alexis Teasdale.
Ontario Securities Commission Wins an Insider Trading Case
Blog / February 14, 2015
In a just-released decision, the Ontario Securities Commission found that a number of individuals engaged in insider trading, acted contrary to the public interest, and misled the Commission during the [...]
Supreme Court to Clarify the Liability of Canadian Corporations for Acts of their Foreign Affiliates
Blog / December 11, 2014
The Supreme Court of Canada today heard argument in a case that will clarify whether a judgment obtained in a foreign country against a foreign corporate entity can be enforced in Canada against a Canadian [...]
Proving an Operator's Gross Negligence: Is Intention Required?
Blog / November 07, 2014
Establishing an operator's gross negligence requires "a degree of intentionality", the Alberta Court of Queen's Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum]. In [...]
When Applying to Certify a Class Action, Don't Forget Causation and Damages
Blog / June 23, 2014
The Court of Appeal of Alberta recently re-affirmed the need for carefully drafted pleadings and a thorough application record at a certification application, particularly where class-wide causation and [...]
Those Who Hire Private Investigators Must Be Aware of Privilege and Privacy Legislation
Articles / June 11, 2014
When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken with extreme caution to avoid ultimately prejudicing the case against the wrongdoer. Those retaining and instructing investigators should pay particular attention to issues surrounding privilege and privacy legislation. Published in Volume 11, Number 7 of Canadian Privacy Law Review by LexisNexis Canada Inc.
Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation
Blog / April 25, 2014
When a fraud is suspected, the litigator often turns to a private investigator to gather evidence about, and to use against, the fraudster. Retaining and instructing an investigator must be undertaken [...]
OSC Credit for Cooperation
Updates / April 14, 2014
On March 13, 2014, the Ontario Securities Commission (OSC) released its revised Credit for Cooperation Program via OSC Staff Notice 15–702. As pointed out in our recent client update (OSC Adopts New Initiatives to Strengthen Enforcement), the Notice provides guidance respecting OSC expectations of market participants hoping to obtain credit for cooperation, and the basis for settlements in which there is no admission of fact or liability. The Notice is a positive step forward, and the OSC ought to be commended for the clarity provided to market participants. However, it remains an open question as to whether more might be done in the future to provide market participants with clearer guidance on the OSC's position respecting waivers of privilege.
The Alberta Securities Commission Imposes Important New Obligations for Recipients of Production Demands
Blog / February 21, 2014
The Alberta Securities Commission (ASC) has always had the power to compel Registrants, Reporting Issuers, and others to produce records in the course of an investigation. Section 93.4 of the Securities [...]
University of Calgary Law School Guest Lecture
Speaking Engagements / February 04, 2014
Justin Lambert presents, "Enforcement of Rights and Remedies Under the 2007 CAPL Operating Procedure," to Law 605 at the University of Calgary Law School.
Further Cause for Alarm for Canadian Corporations with Foreign Operations
Blog / January 28, 2014
We last wrote in July 2013 about Choc v Hudbay Minerals Inc., 2013 ONSC 1414, a decision which seemed to signal an increased willingness by an Ontario court to assume jurisdiction in a case of alleged [...]
A Warning for Canadian Corporations with Foreign Subsidiaries
Updates / July 30, 2013
On July 22, 2013, the Ontario Superior Court of Justice handed down its highly anticipated decision in Choc v Hudbay Minerals Inc., 2013 ONSC 1414. Hudbay serves as a significant warning for Canadian corporations operating in foreign countries that they could potentially face civil liability in Canada for wrongs committed in foreign countries.
Recent Alberta Court of Appeal Decision on Service Ex Juris and the Hague Convention
Updates / August 20, 2012
On July 31, 2012, the Alberta Court of Appeal released Metcalfe Estate v Yamaha Motor Powered Products Co., Ltd., 2012 ABCA 240. The case has important implications for the service of documents from Alberta into international jurisdictions which are signatories to the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters, such as the US, UK, China, Germany, France and Norway.