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ahamilton@casselsbrock.com

Telephone: 416 860 6574
Fax: 416 640 3009

Toronto
Suite 2100, Scotia Plaza
40 King Street West
Toronto, ON M5H 3C2
Canada

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Profile

Arthur L. Hamilton

Arthur has over 15 years of experience practising in the area of corporate commercial and regulatory litigation and dispute resolution, with a focus on securities litigation, energy litigation, governance, and contract and business tort litigation. Arthur also assists a number of institutional clients with employment-related matters, including the enforcement of employment agreement terms and the detection and prosecution of employee misappropriation. His litigation practice increasingly involves disputes which extend beyond the jurisdictions of Ontario and Canada.

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.

Through this experience, Arthur has developed the ability to provide complete file and client management once engaged in a litigation or dispute matter. In today’s litigation and dispute resolution, protecting the interests of clients goes beyond executing the technical requirements of the litigation or dispute resolution process put in place. Rather, the positioning and articulation of various litigation or other steps and reviewing other circumstances that would inevitably be impacted by events occurring in the litigation prove to be as important, if not more important, than the steps being taken in the litigation. 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 litigation or dispute resolution process. Valued counsel work for a client includes not only the ability to understand the full measure of the issues within the litigation or dispute resolution 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 litigation or dispute resolution process.

In his litigation and dispute resolution practice, Arthur has regularly managed complex pieces of litigation 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 holds a Bachelor of Arts (with high distinction) from the University of Toronto, 1992, and a law degree from Osgoode Hall Law School, 1995. He was admitted to the Ontario Bar in 1997.

Education

LL.B., Osgoode Hall Law School, 1995
B.A., University of Toronto, 1992

Call to the bar

Ontario, 1997

Associations

• The Advocates' Society
• American Bar Association
• Canadian Bar Association (Litigation Section)
• Ontario Bar Association
• Toronto Lawyers Association