Robert Dawkins

Robert Dawkins  

Partner

Executive Summary

Rob is a partner at Borden Ladner Gervais LLP in our Vancouver office. 

His core practice areas include financial services industry litigation, financial crime compliance (including anti-money laundering and economic sanctions compliance), FINTRAC administrative monetary penalty appeals, AML policy drafting, advising with respect to FINTRAC examinations, and consumer protection law compliance. Rob also acts in fraud recovery and securities fraud litigation, for financial institutions in Ponzi scheme and consumer protection class actions, anti-piracy litigation, and in general commercial and shareholder disputes.  Rob has acted frequently as a supervising solicitor and as plaintiffs' counsel with respect to enforcement of Civil Search (Anton Piller) Orders and was a member of the Law Society of British Columbia's Model Order Committee, tasked with establishing model Civil Search and Asset Freezing (Mareva) Orders for use in British Columbia litigation.

Rob's clients include banks, credit unions, FinTech companies, and business clients ranging from large public companies to individual local entrepreneurs.

Rob is recognized in the 2016 edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star: British Columbia" and a "Litigation Star: Commercial".

Representative Work

  • Acted for financial institutions, fidelity insurers and business owners in fraud litigation and investigations, and in designing and implementing commercial fraud recovery plans.  Rob also acts for clients defending claims of third party and vicarious liability for fraud.
  • Acted for financial institutions in negligence, misrepresentation, breach of contract, breach of fiduciary duty, and Bills of Exchange Act disputes.
  • Advises financial institutions on risk management and operational risk issues, including design and review of anti-money-laundering compliance regimes, account-operating agreements, duties of confidentiality, and responding to third-party claims on customer funds (e.g., constructive trust claims, Mareva Injunctions, garnishing orders, seizures, and CRA requirements to pay).
  • Acted in commercial disputes, including contract disputes, shareholder remedies litigation and oppression claims, termination of agency relationships, and matters before the BC Securities Commission.
  • Assists clients in pre-litigation risk management, including advising boards of directors with respect to fiduciary obligations and conducting litigation risk audits of standard form contracts.
  • Acted for commercial landlords in lease disputes, including termination, drafting surrender of lease documentation, and distraint proceedings.

Publications & Presentations

  • ​Regularly publishes papers and has presented at industry seminars in areas of practice, including courses convened by the Continuing Legal Education Society of British Columbia (CLE BC), the Canadian Institute, Federated Press, and professional associations, including the International Association of Financial Crimes Investigators (IAFCI). Rob also provides Anti-Money-Laundering Compliance Seminars to staff of financial institution clients.
  • Quoted, "New Money Laundring Rules Prompt Questions," The Bottom Line, Mid-September 2016.
  • Co-Author, "Canada Updates AML/ATF Regulations and Guidance," BLG Publication, July 2016.
  • Co-Presenter, "From Curbside to Store Front: Risks of Rewards From the Business of Marihuana," BLG Seminar, June 2016.
  • Co-Chair and presenter, CLE BC Creditors' Remedies Seminar, 2010, 2012, and 2014.
  • Author, “Important New Decision Clarifies Claims Against Financial Institutions and Defences Under the Personal Property Security Act,” National Creditor Debtor Review, March 2014.
  • Presenter, "Payment Fraud & Ponzi Schemes: The Evolution of Fraud," BC Securities Commission, October 2012.
  • Presenter, "Ponzi Schemes: A Primer on Identifying, Investigating and Mitigating Loss — Getting to the Truth," IAFCI Western Regional Conference, September 2012.
  • Presenter, "Eyes Wide Shut: Rights, Remedies, Risks and Mortgage Fraud," Mortgage Brokers Association of British Columbia's 10th Annual Conference and Trade Show, May 2012.
  • Presenter, "Commercial Leasing Law: The Good, the Bad, and What to Do When Things Get Ugly," November 2011.
  • Presenter, "Fraud in the Public Sector: How to See a Forest Through the Trees," IAFCI Western Regional Conference, October 2011.
  • Presenter, "Commercial Leasing: Arbitration & Remedies," CLE BC, May 2011.
  • Co-Author, "Employee Fraud: Boost Your Bottom Dollar by Banning the 'F' Word," Western Canada Construction Magazine, Sept/Oct 2011 and republished at GrossmanCGA.com, December 2012.
  • Presenter, "Internal Investigations in Support of Fraud Recovery Litigation," Canadian Institute Seminar, June 2009.

Rankings & Recognitions

  • Recognized in the 2016 edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star: British Columbia" and a "Litigation Star: Commercial".

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