Justin Lambert

Justin Lambert

Bennett Jones LLP

Contact  |  View Bio  |  RSS

Latest Publications


Supreme Court Declares Canadian Corporations may be Liable for Acts of Foreign Affiliates

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 against either or both...more

9/8/2015 - Canada Chevron Contamination Foreign Affiliates Foreign Judgments Foreign Subsidiaries Jurisdiction Oil & Gas Subsidiaries Supreme Court of Canada

Cooperative Capital Markets System Publishes Revised Draft Legislation and Draft Regulations

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...more

9/1/2015 - Canada Capital Markets Comment Period Consultation Market Participants Ontario Securities Act Provincial Capital Markets Act Regulatory Agenda

Potential Privacy Breach Results in the Conditional Certification of a Class Action

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 Program (the Program)....more

8/25/2015 - Canada Class Action Class Certification Commonality Invasion of Privacy Medical Marijuana Multi-Factor Test

Significant Headwinds for Securities Class Actions

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 unmeritorious secondary...more

8/11/2015 - Canada Class Action Dividends Frivolous Lawsuits Misrepresentation Securities Litigation Shareholder Litigation Supreme Court of Canada

Theratechnologies Inc. v. 121851 Canada Inc.: The Supreme Court Gives the Leave Test Teeth

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...more

4/21/2015 - Canada Misrepresentation Securities Litigation Supreme Court of Canada

Ontario Securities Commission Wins an Insider Trading Case

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 course of an...more

2/16/2015 - Canada Canadian Securities Administration Insider Trading Material Nonpublic Information Misleading Statements

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


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 Subsidiaries

14 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.