Graeme A. Hamilton  

Partner

Executive Summary

Graeme Hamilton is an experienced trial and appellate counsel whose practice focuses on white collar criminal defence, government and internal investigations and commercial litigation. Graeme is the co-chair of BLG's Investigations and White Collar Defence Group. In particular, Graeme's practice encompasses:

  • Defending corporations and individuals facing investigation or prosecution for white collar offences, including fraud, illegal insider trading, price-fixing, deceptive marketing, bribery and public corruption
  • Advice in relation to compliance with anti-money laundering, anti-bribery, antitrust and securities legislation
  • Corporate internal investigations
  • Securities regulation, including investigations and enforcement proceedings before the Ontario Securities Commission (OSC) and self-regulatory organizations
  • Tax Litigation
  • Banking litigation, including disputes involving bills of exchange, transactional errors and civil fraud
  • General commercial 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

White Collar Crime

  • R. v. Barra and Govindia - acting for an individual charged under the Corruption of Foreign Public Officials Act.   
  • City of Toronto v. Toronto Community Housing Corporation – acted for Toronto Community Housing Corporation in a regulatory prosecution for breaches of the Ontario Fire Code following a fatal fire at a seniors' residence.
  • Represented an investment dealer in a quasi-criminal prosecution under the Pension Benefits Act.
  • Represented corporations and individuals in price-fixing and deceptive marketing investigations conducted by the Canadian Competition Bureau.
  • Frequently advise corporate and institutional clients in relation to compliance with Canadian anti-bribery and anti-money laundering legislation.

Securities Regulation and Litigation

  • In the Matter of Home Capital Group Inc. et al. – acted for former CFO of Home Capital Group in OSC enforcement proceedings and related class action proceedings.
  • Represented the Canadian Investor Protection Fund (CIPF) in relation to customer claims brought as a result of the collapse of First Leaside Securities Inc.

Banking Litigation

  • Acted for several Canadian banks in actions related to bills of exchange, transactional errors, and civil fraud.

Commercial Litigation

  • Acted for a food processing equipment manufacturer in multi-million dollar breach of contract claim.
  • Acted for a commercial wind farm in a nuisance claim brought by adjacent landowners.
  • Benedict v. Ohwistha Capital Corporation — counsel to the plaintiff in widely reported case regarding section 89 of the Indian Act.

Publications & Presentations

  • Speaker, "Orange is the New Pinstripe: The Increasing Spectre of Individual Criminal Liability for Officers and Directors", BLG In-House Counsel Seminar, November 2017
  • Speaker, "When the Regulator Comes Knocking – Securities and Regulatory Risk", BLG Seminar on Litigation Risk Management for Financial Institutions, October 2017
  • Speaker, "Mistake of Law as a Defence to Alleged Breaches of the Securities Act", Advocates' Society Seventh Annual Securities Symposium, September 2017
  • Speaker, "Navigating Global Compliance Trends and Global Enforcement Priorities", American Bar Association Second Global White Collar Crime Institute, June 2017
  • Moderator, "Enforcement Priorities for the Trump Administration", BLG Client Event, April 2017
  • Speaker, "Using Internal Investigations to Mitigate Criminal, Regulatory and Reputational Risk", BLG In-House Counsel Seminar, November 2016
  • 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).

Rankings & Recognitions

  • ​Recognized in Benchmark Canada - The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Future Star: Ontario"
  • Recognized in the 2018 edition of Benchmark Canada 40 and Under Hotlist