The Honourable J. Edgar Sexton, Q.C.

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International
The Honourable J. Edgar Sexton, Q.C. brings to his international ADR practice thirteen 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 twelve years.

ADR Experience and Qualifications

  • Acted in arbitrations in the capacity of both counsel and arbitrator in a range of 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, labor, 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, as well as other Canadian courts.

Representative Matters

  • Arbitrations and Mediations
    Prior to becoming a judge, he was involved in large scale arbitrations and mediations involving amounts in excess of $300 million. 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 sole arbitrator in an ICC arbitration involving a dispute between a Spanish company and Canadian company over the supply and pricing of pharmaceutical supplies
    • Mediation involving a Canadian pharmaceutical manufacturer and a supplier to them from the U.S.
    • Mediation between a Canadian oil company and a U.S. company over the supply and use of bespoke industry software
    • 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
       
  • Representative International Federal Court of Appeal Matters
    • 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
    • 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
    • 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
    • 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
         
  • Representative Cases Handled as a Lawyer
    • Business Commercial
      • International arbitration in London, England involving a shipment of lumber from Canada to Saudi Arabia
      • Acted for an oil company in recovering the largest tax judgment in Canadian history which was in excess of $300 million from the Canadian government for the return of tax based on profits from oil bought in Saudi Arabia and sold to the subsidiary of a Canadian company based in Bermuda which in turn resold the oil to a Canadian company based in Canada
    • Environmental Litigation
      • Acted as counsel for Atomic Energy of Canada Ltd. In connection to various disputes internationally
    • Intellectual Property
      • Wahl v. Horn Abbott, Invention of Trivial Pursuit game
      • Acted for Royal Doulton on trademarks owned by them in the UK but infringed in Canada
      • Have acted as expert on Canadian law in foreign countries
    • Marine Law
      • Acted for a New York based tug company which was towing a disabled ship around the southern tip of South America when damage occurred

Honors, Memberships, and Professional Activities

  • Awards
    • Listed in The Best Lawyers in Canada, in the practice area of Intellectual Property Law, 2016
    • 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)
    • Panelist, 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

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