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Justin R. Lambert

Partner

Partner | Email

T: 403.298.3046

Email

Calgary

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Lambert Justin
 
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T: 403.298.3046


Email

Calgary

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  • Education
  • Bar Admissions
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Justin Lambert carries on a complex commercial litigation practice, with a focus on securities litigation, fraud recovery, and energy disputes.

Justin is frequently called on to litigate complicated securities litigation matters, including:

  • fights between shareholders, or between shareholders and the corporations in which they hold shares;
  • advising directors and officers on their rights and obligations, and defending them when sued;
  • advising individuals and corporations in investigations and enforcement actions brought by securities regulators; and
  • advising both dissident investors and target boards of directors about litigation aspects of proxy contests.

Justin also advises corporations about other complex matters, including internal investigations of alleged corporate wrongdoing, and other high-stakes commercial litigation, including class actions.

In fraud recovery matters, Justin obtains court orders to preserve assets, and acts to recover misappropriated funds or property. Justin also obtains injunctive relief for clients, often on an emergency basis.

Justin also carries on an energy litigation practice which includes disputes about royalties, leases, and the ownership of interests in wells. He also obtains and opposes injunctions prohibiting operations, and instigates actions to trace and recover funds misappropriated by operators. He helps clients resolve disputes relating to industry standard form operating agreements, leases, and accounting procedures.

Justin has appeared before all levels of court in Alberta, and is experienced in domestic and international arbitration.

Education

Queen's University, BA (Hons.), 2003 University of Western Ontario, LLB, 2006 

Bar Admissions

Alberta, 2007

Recent Experience

Counsel to a court-appointed receiver in successfully setting aside the wrongful transfer of $3.3 million: 2022 ABKB 767, 2022 ABKB 768
Alcanna Inc. in its approximately $320-million acquisition by Sundial Growers Inc. by way of court-approved plan of arrangement.
A domestic ad-hoc arbitration involving claims about an alleged shortfall in the minimum volume commitments existing under a products handling take-or-pay contract. The arbitration involved disputes about a material adverse change clause, repudiation, and contractual good faith duties.
Bidell Equipment LP, in a successful trial against Caliber Midstream GP LLC and Caliber Midstream Partners, L.P.: 2019 ABQB 296.
Calfrac Well Services Ltd., in finding that an activist investor breached a confidentiality agreement: 2019 ABQB 340.
Confidential client in representing the Board of Directors in connection with an auditor-initiated internal investigation into executive compensation payments being conducted by the Audit Committee.
The acquisition by International Petroleum Corporation of BlackPearl Resources Inc. (with an estimated enterprise value of approximately $675 million) by way of a share exchange pursuant to a plan of arrangement under the Canada Business Corporations Act.
Eagle Energy Inc., in the successful defense against activist investors in a proxy contest for control of its board of directors.
PointNorth Capital, in litigation aspects of its successful proxy contest for renewal of the board of directors of Liquor Stores N.A. Ltd.
TerraPro Group Inc., an Alberta-based provider of environmental, terrain protection and remote access solutions, in its reorganization pursuant to a plan of arrangement and concurrent refinancing.
Group of employees departing from an employee-owned corporation, in negotiating the multi-million-dollar buyout of their shares in the face of management attempts to reduce the purchase price.
A public company in the investigation of possible tipping by an employee contrary to the Securities Act, and responding to associated securities commission inquiries.
Defendant companies in class action proceedings in which it was alleged that the defendant companies had charged improper interest rates on late payments.
Audit Committee of Penn West Petroleum Ltd., in a management-initiated, voluntary review of certain accounting practices, and in connection with the restatement of the company's previously filed financial statements arising from the review.
The operator of a private oil sands airfield in defending an $81-million claim for conspiracy, wrongful competition, and interference with contractual relations.
Set aside a fraudulent transfer of assets carried out for the purpose of defeating a creditor.
Obtained a multimillion dollar summary judgment for clients whose funds were misused by a promoter of a land investment: 2013 ABQB 499, affirmed by the Court of Appeal of Alberta, 2014 ABCA 205.
Defeated an application brought by a non-Operator to replace the Operator of 5 wells.
Obtained an injunction prohibiting a joint-Operator from conducting an operation which threatened a wellbore and future production.
Defeated an injunction application in which the applicant sought to prohibit the screening of a film at a film festival.
Proposed representative plaintiffs in a class action relating to an alleged Ponzi scheme alleged to have received in excess of $100 million from Albertan and Canadian investors.  In this regard, have obtained Receivership Orders against the key companies and Attachment Orders freezing the assets of alleged key defendants.
Defeated an application for a stay of disciplinary proceedings being conducted by a professional organization against one of its members: 2008 ABQB 522.
A national non-profit organization, in recovering funds and other property wrongfully misappropriated to form a competing organization.
Rolling Thunder Exploration Ltd., in its acquisition by Action Energy Inc. by way of court-ordered plan of arrangement.
Foreign defendants, in proceedings to stay a claim brought against them in Alberta on the basis of forum and jurisdiction.

Recent Recognition

Benchmark Litigation: Canada
40 & Under Hot List
Recognized, Future Star
Recognized, Litigation Star

Insights, News & Events

Blog

'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class Proceeding

December 13, 2022
       

Blog

Supreme Court of Canada Clarifies Law In de facto Expropriation Cases

October 27, 2022
       

Blog

Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?

September 23, 2022
       

Related Services

Anti-Corruption Investigations & Compliance
Class Action Litigation
Commercial Litigation
Energy Litigation
Fraud Law
Securities Litigation
Shareholder Activism & Critical Situations
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