Date: May 25, 2016
Arthur L. Hamilton
Toronto
Suite 2100, Scotia Plaza
ahamilton@casselsbrock.com 40 King Street West
t: 416 860 6574
Toronto, ON
f: 416 640 3009
Canada
M5H 3C2
Arthur Hamilton has significant experience practicing in the areas of Corporate Commercial and Regulatory
Litigation with a focus on anti-corruption and anti-money laundering issues, governance, and contract and
business tort litigation. Within these practice areas, Arthur assists institutional clients with all types of issues
and risks which result from the Corruption of Foreign Public Officials Act (“CFPOA”) and the Proceeds of
Crime (Money Laundering) and Terrorist Financing Act (“PCMLTFA”). His work involves advising institutional
clients, including public companies, on the conduct of internal investigations and on reviews of existing and
prospective compliance programs. Increasingly, Arthur’s practice also involves advising Canadian and
international clients on specific anti-corruption and anti-money laundering risks within the due diligence
process of transactions.
When necessary, Arthur’s practice also includes litigating disputes which arise in the context of anti-corruption
and anti-money laundering legislation. Recently, Arthur has acted as lead counsel on precedent setting
decisions under the PCMLTFA both in respect of sealing orders which protected the interests of his client and
regarding disclosure obligations of the government within the context of a prosecution under the
PCMLTFA. Reports of these various precedent setting decisions are publicly available:
Cassels Brock Litigators Obtain Precedent-Setting Sealing Order (November 2012)
Cassels Brock Litigators Successfully Resist Federal Court Appeal of Precedent Setting Sealing Order (April
2013)
BCLC v. Attorney General of Canada 2012 FC 1204
In concert with Arthur’s work for clients on anti-corruption matters, and the examination of the protocols,
systems and methodologies institutional clients have developed to mitigate the risk of non-compliance, his
corporate commercial litigation practise also focuses on assisting institutional clients with employment-related
matters, including the enforcement of employment agreement terms and the detection and prosecution of
employee misappropriation. A recent example of a case where Arthur was lead counsel to obtain a Mareva
injunction on notice to the defendants who were involved in a multi-million dollar fraud against the longstanding
employer is publically available:
Cardinal Meat Specialists Limited v. Zies Food Inc., 2014 ONSC 1107 (Reasons - February 2014)
Cardinal Meat Specialists Limited v. Zies Food Inc. (Endorsement - March 2014)
Arthur has developed the ability to provide complete file and client management once engaged in a regulatory
or litigation matter. In today’s regulatory and litigation setting, protecting the interests of clients goes beyond
executing the technical requirements of the litigation or dispute resolution process put in place. Rather, the
articulation of a client’s position must take into account the implications such a position will have on the
broader business and reputation of the client. In the current business and economic climate, there is no
question that just about any issue with which a client is faced transcends the specific boundaries of a
particular regulatory or litigation process. Valued counsel work for a client includes not only the ability to
understand the full measure of the issues within the regulatory or litigation process, but also those issues
which are important to the client that will impact upon or be impacted by the events and steps taken within the
regulatory or litigation dispute process.
In his regulatory and litigation practice, Arthur has routinely managed complex disputes and allegations
involving multiple parties, multiple issues and in certain instances, multiple decision makers in various
jurisdictions. In 2004 and 2005, Arthur was the lead counsel for the Conservative Party of Canada, which had
intervener status at the Gomery Commission. This involved a review of more than one million documents,
experts’ reports and argument of several procedural motions on items including the requested recusal of
Commissioner Gomery, the breadth of parliamentary privilege and the obligations of Commission counsel in
the preparation of the Final Report and Recommendations. Arthur managed the counsel team who were
successful in persuading Commissioner Gomery of the linkages between the directing of sponsorship funds
and a number of key fundraising representatives of the federal Liberal Party, a matter of significant concern for
the public interest. Prior to and following the Gomery Commission, Arthur has managed a number of other
complex litigation matters involving energy regulation, securities regulation and multi-party commercial
disputes.
Arthur’s experience includes:
Representing clients in the Federal Court Trial Division, the Superior Courts of Ontario, New Brunswick,
Alberta and Nova Scotia, as well as the Court of Appeal for Ontario, the Federal Court of Appeal and the
Supreme Court of Canada
Appearing before a number of administrative tribunals and regulatory bodies, including the Ontario
Securities Commission, the National Energy Board, the Ontario Energy Board and the New Brunswick
Public Utilities Board
Conducting private mediations and arbitrations
Providing counsel to various Members of Parliament, Senators and officials within the Prime Minister’s
Office on an array of issues that have come before the courts, various regulatory bodies, Parliamentary
committees, Senate committees and Commissions
Achievements
Benchmark Litigation 2016 (Litigation Star: FCPA and Enforcement; International Anti-Corruption
Investigations; White Collar Crime)
Canadian Legal Lexpert Directory 2015 (Litigation – Public Law)
Call to the bar
Ontario, 1997
Associations
American Bar Association
Canadian Bar Association (Litigation Section)
Ontario Bar Association
Toronto Lawyers Association
Expertise
Aboriginal
Corporate & Commercial
Energy & Utilities
Litigation
White Collar Crime & Regulatory Enforcement