The Honourable J. Edgar Sexton, Q.C.

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The Honourable J. Edgar Sexton, Q.C. brings to his ADR practice 13 years of experience as a judge in the Federal Court of Appeal in Canada. Before becoming a judge, Justice Sexton carried on a full-time practice in the courts and in arbitration. He was chairman and senior partner of the international law firm of Osler, Hoskin & Harcourt headquartered in Toronto for 12 years.

ADR Experience and Qualifications

  • Acted in arbitrations in the capacity of both counsel and arbitrator in domestic and international matters
  • As a judge, Justice Sexton participated in more than 1,000 appeals in all types of federal cases on a wide variety of subjects, including intellectual property (many disputes involving the pharmaceutical industry), complex business and contract disputes, civil rights matters, class action, maritime, environmental, construction, tax, labour, international trade, administrative law, statutory interpretation, telecommunications and broadcasting, and aboriginal claims
  • While in private law practice, he acted as counsel in litigious matters of all types including tort, contract and other commercial, accounting, marine, engineering and construction, intellectual property, constitutional, product liability, corporate, securities, anti-trust, municipal, tax, environmental, and railway litigation. When acting as counsel, Justice Sexton had in excess of one hundred and fifty cases reported in the Law Reports, and also acted on many other cases in the Supreme Court of Canada, the Federal Court, and other courts in Canada.

Representative Matters

Arbitrations and Mediations
 
Before becoming a judge, he was involved in arbitrations and mediations involving amounts in excess of $300 million. The nature of these matters included commercial, shareholder, tax, professional malpractice (legal and accounting), alleged faulty construction, constitutional, and libel disputes, as well as real estate valuation and contract interpretation. He has also handled cases involving issues of venue and choice of law.

  • Acted as lawyer in mediation of a negligence claim in amount of $1.5 billion involving allegation of defective audit of a bankrupt trust company
  • Acted as sole arbitrator and chairman of three-person panel on two international arbitrations before ICC
  • Acted on arbitration regarding valuation of real property involving approximately $100 million for a Canadian university
  • Acted for CNR and CPR on arbitration to fix ground rent for Union Station in downtown Toronto involving over $20 million
  • Defended Ontario Hydro against a $400 million claim by Denison Mines over the cancellation of a uranium contract, before an arbitration tribunal chaired by a former Chief Justice of the Supreme Court of Canada
  • Hyundai Merchant Marine v. Anray Fish Products, dealt with whether a clause in a bill of lading providing for any action to be commenced in Korea should be enforced and, if so, what law should apply
  • Saskatchewan Wheat Pool v. Armonikos, charter of a ship contained a clause calling for disputes to be arbitrated in London; issue was whether arbitration in London should be stayed
  • Participated in mediation training course from JAMS International in New York

Representative Federal Court of Appeal Matters Handled by Justice Sexton

  • Business Commercial
    • Globealive and Attorney General of Canada v. Public Mobile and Telus Communications Company, issue of whether access to foreign investment by a Canadian company can be said to support competition in Canada
    • Commissioner of Competition v. Premier Career Management, issue of whether fraudulent representations made in the privacy of an office to one person at a time were “representations made to the public”
    • The Queen v. Design Services, dealt with the question of whether there is a duty in tort owed by the Canadian Government to subcontractors of a contractor who should have been awarded the construction contract at issue
  • Intellectual Property
    • BMG, EMI Music, Warner Music, Capital Records, Sony Music et al. v. Infringer of Copyright, issues of infringement of copyright in musical works by means of internet file sharing and privacy concerns of internet service providers
    • Lego v. Mega Blocks, presented issue of whether Lego, whose patent had expired, could successfully claim a trademark on the toy building blocks on the basis that it was a “distinguishing guise” and therefore a trademark
    • CIT Financial v. The Queen, dealt with the valuation of software for income tax purposes
  • Marine Law
    • The Queen v. Warna and Hall dealt with the issue of whether the Government of Canada has jurisdiction to detain a foreign ship because it is not seaworthy
  • Environmental Law
    • Inverhorn Ratepayers Association v. Minister of the Environment, presented issue of whether the decision by the Canadian Government to develop a dry storage facility for spent nuclear fuel would create adverse environmental effects
  • Real Property
    • Musquean Indian Board v. Glass et al., dealt with valuation of land on an aboriginal reserve for purposes of assessing rent

Representative Cases Handled as a Lawyer

  • Business Commercial
    • Canada Cement LaFarge v. B.C. Lightweight Aggregate [1983] 1 S.C.R. 452, conspiracy case
    • Acted for General Motors in major pension litigation involving $400 million
    • Acted in Canada Southern Railway minority shareholder litigation against Penn Central
    • Acted in R.L. Crain minority shareholder litigation
    • Acted in numerous matters before the Ontario Securities Commission
    • Wotherspoon v. Canadian Pacific, [1987] 1 S.C.R. 952, minority shareholder rights litigation
    • Acted for Reichmann interests (Olympia & York) in takeover of Hiram Walker/Home Oil
    • Acted in Inco shareholder rights litigation
    • Appointed by Court to act as co-counsel for class of shareholders in winding up of Bank of Western Canada
    • Appointed by Court to act for a class of shareholders of Hemerdon Mining Smelting
    • Acted for Price Waterhouse (accountants) in matter related to Companies Creditors Arrangement Act
  • Product Liability
    • Counsel to Imperial Tobacco in product liability claim in class action in Canada
    • Acted as counsel in Supreme Court of Canada in major product liability case, Bow Valley & Husky Oil v. Saint John Shipbuilding, et al.
  • Environmental Litigation
    • The Queen v. Imperial Oil, 1997, Ont. C.A.
    • The Queen v. Irving Oil, 1997, New Brunswick, defence of allegation of air pollution
    • Acted as counsel for different municipalities in numerous applications for sanitary landfill sites
    • Acted as counsel for Atomic Energy of Canada Ltd. on charges under Atomic Energy Control Act
  • Acting for Governments
    • Acted for the Government of Canada in following matters: Inquiry into the Post Office, collapse of banks, prosecution of anti-trust cases, inquiries into the petroleum and moving industries
    • Acted on other general matters for the Governments of Ontario and Alberta
  • Acting Against Governments
    • Acted in the defence of a number of criminal anti-trust cases and competition matters
  • Intellectual Property
    • Gondos v. Hagood Hardy, Ont. S. Ct. First music plagiarism case in Canada
    • Wahl v. Horn Abbott, Invention of Trivial Pursuit game
    • Acted for Royal Doulton in trademark case
    • Have acted as expert on Canadian law in foreign countries
  • Miscellaneous
    • Dispute relating to a pipeline
    • Libel and slander cases
    • Pension cases
    • Conflict of interest cases

Honors, Memberships, and Professional Activities

  • Awards
    • Recipient of award in recognition of contribution to the development of Intellectual Property Jurisprudence in Canada, Canadian Bar Association, 2011
    • Profession Achievement Award, University of Western Ontario
  • Memberships
    • London Court of International Arbitration
    • Fellow, American College of Trial Lawyers
    • Certified as Specialist in Civil Litigation by Law Society of Upper Canada
  • Presentations and Publications: He has written, lectured, and participated in many forums on a variety of topics, most recently:
    • "Caught between Arbitrators and the Courts: Interim Measures in U.S. International Arbitration," The Canadian Arbitration and Mediation Journal, Volume 21, Number 2, (Fall/Winter 2012), published by the ADR Institute of Canada, Inc.
    • "Looking Out and Looking In: Reconciling Domestic and Internationalist Considerations in the Enforcement and Review of Arbitration Awards in Canada," Arbitration International, Volume 27, Number 2 (2011), published by The London Court of International Arbitration (LCIA)
    • anelist, Vanishing Trial, American Bar Association, 2011
    • Speaker, 6th Biennial Symposium on International Arbitration and Dispute Resolution, June 10-13, 2010, Schloss Leopoldskron, Salzburg, Austria

Background and Education

  • International Arbitrator for the International Chamber of Commerce, Paris; and the London Court of International Arbitration
  • Judge, Federal Court of Appeal, Ottawa, Ontario, Canada, 1998 - 2011
  • Past Chairman and former Senior Partner, Osler, Hoskin & Harcourt, Toronto, Canada
  • Past Director, Irving Oil Limited, Brunswick Mining & Smelting Ltd., and Canaport Ltd.
  • LL.B., University of Western Ontario
  • B.Sc., P.Eng. Civil Engineering, Queen's University