Arthur Hamilton is a partner in the Litigation Group at Cassels. Arthur has significant experience in corporate commercial and regulatory litigation and focuses his practice on contract and business tort litigation, administration law issues, anti-corruption and anti-money laundering issues, governance, and insurance/regulatory litigation. Within these practice areas, he assists institutional clients with all types of issues and risks arising from the Corruption of Foreign Public Officials Act and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. He advises on the conduct of internal investigations and reviews of existing and prospective compliance programs, as well as the enforcement of employment agreement terms, and the detection and prosecution of employee or supply chain misappropriation. 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 and, when necessary, litigating disputes arising from anti-corruption and anti-money laundering legislation.
Once engaged in a regulatory or litigation matter, Arthur provides complete file and client management. In today’s regulatory and litigation setting, he understands that protecting a client’s interests goes beyond executing the technical requirements of the litigation or dispute resolution process. Rather, the articulation of a client’s position must consider the implications such a position will have on a client’s broader business and reputation. Arthur appreciates not only the full measure of the issues within the regulatory or litigation process, but also those issues that are important to a client and that will impact (or be impacted by) the events and steps taken within that process.
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, he was lead counsel to the Conservative Party of Canada, which party had intervener status at the Gomery Commission. His mandate involved a review of more than one million documents, experts’ reports, and arguing 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 persuaded Commissioner Gomery of the linkages between the directing of sponsorship funds and several 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 both energy, securities and insurance regulation. He has appeared before several courts, including the Supreme Court of Canada, various administrative tribunals and regulatory bodies, as well as Parliamentary and Senate committees and commissions.