Experience

Arbitrator, Expert and Academic

Janet has been active as an arbitrator in international administered and ad hoc matters since 2001. She is a Full Professor and past Associate Dean of Osgoode Hall Law School in Toronto, where she has been a member of faculty since 1996. Throughout this time, Janet has served regularly as an expert witness and consultant to members of the profession and to governments in a range of contentious and non-contentious matters relating to cross-border and domestic procedure in litigation and arbitration.

Arbitrator

Janet has served as sole arbitrator, co-arbitrator and chair in ICC, ICDR, DIAC, SIAC and ad hoc arbitrations in a variety of seats. She is a member of the panel of foreign arbitrators of ACICA, BVI IAC, CIETAC, HKIAC, ICDR, KLRCA, SCIA, SHIAC, SIAC and Ukranian Chamber, and a member arbitrator of Arbitration Place, Toronto, and Outer Temple Chambers, London.

Her matters have included disputes relating to distribution agreements, licenses, franchises, agricultural manufacturing, intellectual property infringements, mergers and acquisitions, heavy equipment sales, employment, manufacturing supply agreements, and infrastructure projects.

She was a founding member of ICC Canada, Toronto Commercial Arbitration Society, CIArb Toronto Chapter (founding chair), Young Canadian Arbitration Practitioners (founding advisor), and ArbitralWomen; and member of LCIA, IBA, IPBA, ICCA and the Worshipful Company of Arbitrators.

She has served as arbitrator at the Vis Moot since 2001, and coached teams from 2001-2014, including the prevailing team in 2004. She has been among the Canadian arbitrators listed in Who’s Who Legal: Canada and Who’s Who Legal: Arbitration since 2010, and she is a CIArb Chartered Arbitrator and a member of the ILA Committee on International Commercial Arbitration.

Expert

For over 20 years Janet has consulted on, and provided expert evidence in, cross-border and complex litigation in Canada and elsewhere, and has served on a number of law reform working groups.

Representative Mandates

2016 Expert analysis of validity of informal foreign marriage

2016 Expert affidavit on procedures for recognition of powers of investigation of a foreign receiver in Ontario

2016  Expert analysis of law governing capacity of a corporation to enter into an agreement

2016 Expert analysis of the enforceability of a foreign default judgment issued against the principal of a company liable for an unpaid debt

2015 Expert affidavits on likely preclusive effect of foreign judgment in a class action on defendants possibly subject to Canadian proceedings

2015 Expert affidavit on Canadian choice of law analysis and procedure in a stay motion brought in a U.S. proceeding

2015 Expert affidavit on limitation period in Ontario for purposes of a borrowing statute in a foreign proceeding

2014   Expert analysis of jurisdiction in a claim timely brought in one Canadian forum where a stay would result in dismissal due to application of limitation period in another Canadian forum

2013  Expert analysis of the law governing: claims arising outside a country administering an insolvency; accessory claims such as knowing receipt and dishonest assistance; and claims against de facto directors

2012   Expert affidavit in government claim against tobacco manufacturers for health care costs associated with tobacco use – implications for jurisdiction of enforceability elsewhere of eventual judgment

2012   Expert affidavit and testimony in enforcement action for foreign notarial debt; characterization of foreign notarial debt for purposes of determining limitations period

2011  Expert affidavit on competence-competence for foreign stay motion

2010 Expert analysis of jurisdiction in respect of a US environmental claim and related coverage action in Canada

2009  Expert affidavit on application of doctrines of res judicata and issue estoppel in respect of potential claims in Ontario for tortious interference arising from foreign proceedings

2006  Expert analysis of Moçambique rule and its exceptions in claim relating to foreign mining activities

2005  Expert analysis of time element in respect of legal regime incorporated by reference into a contract

2004 Expert analysis on law applicable to securities misrepresentation in purchase under a negotiated contract specifying the governing law

2004 Expert analysis of implications for an Ontario proceeding of a foreign court’s determination of judicial jurisdiction, and of applicable law in in Ontario in respect of a loan agreement entered into in Ontario

2004  Expert analysis of a governing law and forum selection agreement in a services contract

2004  Expert analysis of enforceability of a foreign judgment in an international insolvency

2000 Expert analysis of the implications of the revenue rule for a claim brought to recover taxes evaded by smuggling

1997  Expert analysis of interprovincial sovereign immunity in a multijurisdictional claim

1996  Expert analysis of enforceability in Ontario of a RICO judgment

Advisory Roles and Law Reform Projects

Janet has served in a number of advisory roles, including;

Max Planck Institute Luxembourg Scientific Advisory Board (2016-19)

CIArb Academic Advisor (2014-15)

Federal Court and Federal Court of Appeal Rules Committee Advisor (common law)(2006-15)

Janet has contributed to many law reform projects in a variety of task force and working group roles, including:

Toronto Commercial Arbitration Society Commercial Arbitration Act Reform Working Group (2017- )

Toronto Commercial Arbitration Society Task Force on 2006 Model Law Implementation (2016-17)

ILA Committee on International Commercial Arbitration (2010- )

Uniform Law Conference of Canada International Commercial Arbitration Act Reform Task Force Advisor (2010-12)

Law Commission of Ontario, Scholar-in-Residence – Project on Reform of Judicial Jurisdiction

American Bar Association International Litigation Section Working Group on Crossborder Class Actions (2007-2009)

IBA Task Force on Enforcing Judgments for Collective Redress (2007-2010)

ILA Committee on International Litigation and the Interests of the Public (2006-10)

Uniform Law Conference of Canada Committee on National Class Actions (2004-05)

American Law Institute/Unidroit project on Principles and Rules of Transnational Civil Procedure, International Advisor (1998-2004)

Academic

Janet is a Full Professor and past Associate Dean of Osgoode Hall Law School in Toronto, where she has been a member of faculty since 1996. Janet teaches courses in the conflict of laws, international arbitration, comparative procedure, class actions, professionalism and advocacy. She is a Director of the Professional LLM Program in Civil Litigation and Dispute Resolution.

Janet has been a visiting faculty member on a number of occasions, including:

 

  • Stuttgart Master’s Program in International Construction Practice and Law (2017-)
  • CIArb Oxford Diploma Course Co-Director (2014-17)
  • CIArb Accelerated Route to Fellowship Courses (Vancouver 2017, São Paulo 2013, Geneva 2013)
  • CIArb Tribunal Secretaries Course (London 2016)
  • Faculté des sciences juridiques, sociales et politiques de Tunis (2001-14)
  • Institute in International Commercial Law and Dispute Resolution in Zadar (2013)
  • Monash University in Prato, Italy (2013)
  • Leverhulme Visiting Professor, University College, Oxford University (2010)
  • Jerusalem Exchange Faculty Advisor, Hebrew University of Jerusalem (2005, 2007, 2008, 2009, 2010)
  • Hauser Global Law Faculty, NYU/NUS Joint Program in Singapore (2008)
  • Hauser Global Law Faculty, NYU School of Law (2007)
  • University of Toronto Faculty of Law (2006)
  • Haifa University, Faculty of Law (2006)
  • Monash University, Faculty of Law (2002)
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