Graeme Hamilton  

Senior Associate

Executive Summary

Graeme Hamilton is an experienced trial and appellate counsel whose practice encompasses a broad range of matters, including white collar criminal defence, government and internal investigations, securities litigation, competition law, and general commercial litigation. Graeme is the national co-leader of BLG's Investigations and White Collar Defence Group. In particular, Graeme's practice focuses on:

  • Defending corporations and individuals facing investigation or prosecution for white collar offences, including fraud, illegal insider trading, price-fixing, bribery and public corruption
  • Advice in relation to compliance with anti-money laundering, anti-bribery, antitrust and securities legislation
  • Corporate internal investigations
  • Securities litigation and regulation, including proceedings before the Ontario Securities Commission (OSC)
  • General commercial litigation, including contract disputes, commercial torts, shareholders' rights and debtor/creditor litigation
  • Appeals and applications for judicial review

 Graeme has been lead counsel in dozens of trials and contested hearings. He also has substantial appellate experience in both criminal and civil matters. Graeme has testified as an expert witness before the Senate Legal and Constitutional Affairs Committee and previously taught Evidence at Osgoode Hall Law School as an adjunct professor.

 

Representative Work

  • Acting for an individual charged with bribery under the Corruption of Foreign Public Officials Act.  
  • Acting for a food processing equipment manufacturer in multi-million dollar breach of contract claim.
  • Acting for a commercial wind farm in a nuisance claim brought by adjacent landowners.
  • Conducted numerous internal investigations for public and private companies and public sector institutions.
  • Represented an investment dealer in a quasi-criminal prosecution under the Pension Benefits Act.
  • First Leaside Securities Inc. – represented CIPF in customer claims against compensation fund.
  • R v. Squire-Hill — counsel to the accused in a high-profile, lengthy and complex trial on multiple counts of criminal negligence causing death as well as other charges.
  • Benedict v. Ohwistha Capital Corporation — counsel to the plaintiff in widely reported case regarding section 89 of the Indian Act.

 

Publications & Presentations

  • Author, "White Collar Minimums: Some Mandatory Sentences have been Struck down but Stiff Financial Crime Penalties Here to Stay," The Lawyers Weekly, August, 2016.
  • Co-Author, "OSC Whistleblower Policy Comes Into Effect," The Exchange: Financial Institutions Litigation Blog, July, 2016.
  • Author, "New SCC decision on pre-trial delay likely to have a significant impact on white collar prosecutions," The Exchange: Financial Institutions Litigation Blog, July, 2016.
  • Author, "Are mandatory minimum sentences for white collar offences unconstitutional - hypothetically?," The Exchange: Financial Institutions Litigation Blog, April, 2016.
  • Author, "$1 Million Costs Award Protects Commercial Landlords and Mortgage Lenders," The Exchange: Financial Institutions Litigation Blog, April, 2016.
  • Speaker, "How to Approach Disclosure & Settlement After an International Internal Investigation," American Bar Association Global White Collar Crime Institute, November 2015.
  • Guest Lecturer, “The Law Society Discipline Process,” Osgoode Hall Law School, Criminal Law Intensive Program, January 2015.
  • Witness, Bill C-36, An Act to amend the Criminal Code (Bedford v. Canada) , Senate of Canada, Legal and Constitutional Affairs Committee, September 2014 (Submissions on behalf of the Canadian Council of Criminal Defence Lawyers).
  • Witness, Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials), Senate of Canada, Legal and Constitutional Affairs Committee, February 2014 (Submissions on behalf of the Canadian Council of Criminal Defence Lawyers).
  • Guest Lecturer, “The Law Society Discipline Process,” Osgoode Hall Law School, Criminal Law Intensive Program, January 2014.
  • Speaker, “The Role of Psychiatric Opinion Evidence in Legal Proceedings: Lessons from Clark v. Arizona and the Goudge Inquiry,” Canadian Academy of Psychiatry and the Law Annual Conference, February 2011.
  • Co-Author, “The Goudge Inquiry and the Role of Medical Expert Witnesses” (2010). 182:1 Canadian Medical Association Journal 53-56 (with the Honourable Frank Iacobucci).
  • Co-Author, “Canadian Securities Regulation and Foreign Blocking Legislation” (2010). 5:1/2 International Journal of Business Governance and Ethics 87-97 (with Andrew Gray).