Justin Lambert

Justin Lambert

Bennett Jones LLP

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Supreme Court to Clarify the Liability of Canadian Corporations for Acts of their Foreign Affiliates

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 affiliate of that...more

12/12/2014 - Canada Chevron Foreign Affiliates Foreign Judgments Mining Multinationals Oil & Gas

Proving An Operator’s Gross Negligence: Is Intention Required?

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]....more

11/10/2014 - Canada Gross Negligence Intent Negligence

When Applying to Certify a Class Action, Don’t Forget Causation and Damages

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 class-wide damages are...more

6/24/2014

Those Hiring Private Investigators Must Be Aware of Privilege and Privacy Legislation

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...more

4/28/2014 - Litigation Privilege Privacy Laws Private Investigators Work Product Privilege

OSC Credit for Cooperation - Continued Uncertainty for Market Participants with Respect to Privilege

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...more

4/15/2014 - Confidentiality Agreements DOJ Enforcement Actions Market Participants OSC Privilege Waivers SEC Waivers

The Alberta Securities Commission Imposes Important New Obligations for Recipients of Production Demands

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 Act (Alberta) has also...more

2/24/2014 - Canada Reporting Requirements Securities Act

Further Cause for Alarm for Canadian Corporations with Foreign Operations

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 wrongdoing by a foreign...more

1/28/2014 - Canada Foreign Judgments Foreign Jurisdictions Foreign Subsidiaries Jurisdiction

A Warning for Canadian Corporations with Foreign Subsidiaries

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...more

7/31/2013 - Canada Foreign Subsidiaries Liability Subsidiaries

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