Jennifer L. Egsgard, Partner
Jennifer Egsgard acts as counsel in all aspects of the commercial litigation process, and provides advice in respect of compliance with anti-corruption and corporate social responsibility standards. She also acts as a neutral mediator through Egsgard Mediation to help parties in litigation resolve conflict efficiently, fairly, and on their own terms.
In the litigation area, Jennifer has acted as counsel for both plaintiffs and defendants in a wide variety of dual and multi-party cases including claims involving negligence, product liability, breach of contract, wrongful dismissal, personal injury, unjust enrichment, nuisance, defamation, occupier’s liability, negligent and fraudulent misrepresentation, landlord/tenant disputes, procurement challenges, director’s liability, estates, quasi-criminal environmental defence, private international law, refugee law, immigration detention and appeals, international trade and energy law. The cases on which she has worked involve a wide range of industries including real estate, rail transportation, insurance, technology, advertising, hospitality, entertainment, sports, transportation, food products, construction, mining, insurance, not for profit, retail and manufacturing, including automotive manufacturing.
Jennifer also advises companies in respect of compliance with anti-bribery laws and corporate social responsibility standards. She speaks frequently on these issues, including at the American Bar Association, Canadian Corporate Counsel Association, Ontario Bar Association and Canadian Institute.
Jennifer’s legal career has included over five years practising civil litigation at Fasken, one of Canada’s largest law firms, where she was Vice-Chair of the ADR Practice Group. There, Jennifer’s work and clients were varied. For example, she acted for the Attorney General of Canada in a claim for damages for environmental contamination, on cases concerning director liability for unpaid wages, and as counsel to one of Canada’s largest railway companies on numerous personal injury litigation matters.
Jennifer acts as a neutral mediator through Egsgard Mediation, employing a flexible approach. She understands that each case contains its own unique set of dynamics, and tailors her approach accordingly. After ensuring the parties’ positions and interests are understood, Jennifer can help identify issues, evaluate the strengths and weaknesses of positions, and explore options that may not be available through litigation. When relevant, she investigates the downsides of continued litigation, such as risks to business, reputation, finances or regulatory risks, and helps the parties craft a satisfactory solution to their dispute. She is respectful yet persistent in her efforts to help the parties reach settlement. At the same time she recognizes that some matters ought to proceed to trial, and that settlement is not appropriate in every case.
Jennifer completed the Harvard Negotiation Institute program “Mediating Disputes”, an executive education course at Harvard Law School. She also mediates on a pro bono basis at the Toronto Small Claims Court .
Jennifer practised for several years with a specialized Legal Aid office doing refugee and immigration work. In that capacity, she represented clients in hundreds of hearings before the Immigration Division, Immigration Appeal Division, and Refugee Protection Division of the Immigration and Refugee Board, and successfully argued a number of judicial reviews before the Federal Court of Canada. In 2012, Jennifer testified as an expert witness before the Standing Committee on Citizenship and Immigration on proposed changes to Canada's immigration legislation.
Prior to becoming a lawyer, Jennifer worked at a number of other interesting jobs including as a wrangler on a New Mexico ranch and treeplanting in the wilds of Northern Ontario and Quebec.
Jennifer also practices in association with Caravel Law and Axiom Law.
Called to the Bar of Ontario: 2002
- Member, ADR Institute of Ontario
- Member, Ontario Bar Association
- Member, Legal Committee, Transparency International (Canada)
- Member, Board of Directors, International Commission of Jurists (Canada), Vice-President Ontario
- Harvard Law School, Harvard Negotiation Institute, Mediating Disputes Executive Education Course, October 2017
- Faculty of Common Law, University of Ottawa, L.L.B. 2001
- George Washington University Law School, Washington D.C., recipient of Bell Mobility scholarship for semester abroad, Fall 2000
- University of Guelph, B.A. (Honours), 1998
- University of Rajasthan, India, Semester Abroad, Fall 1995
Jennifer's publications and presentations include:
- Panellist at SHARE/International Commission of Jurists event at Osler, Toronto, "Workshop: Business Approaches to Eliminating Child Labour" addressing litigation risks and updates, December 2017
- Pannellist at Canadian Corporate Council Association Event, "Corporate Governance: Is There an Appetite for Change?", addressing corporate social responsibility standards, Calgary, April 2016
- Panellist at the American Bar Association Section of International Law, Montreal, Canada, October 23, 2015, "When Failing Governments Fail: Tools for Lawyers and Businesses"
- Panellist at Kirsch Institute Presentation, "Business and Human Rights: Corruption of Foreign Public Officials Act", September 2015
- "Meeting CSR Objectives - Without Inadvertently Violating Anti-Corruption Laws", J. Egsgard Presentation at June 24, 2015 Canadian Institute Conference, "Corruption Compliance: Taking a Multidisciplinary Approach to Managing Corruption Risk"
- "The risks that arise from violating CSR norms", published in Northern Miner Global Mining Newspaper, March 5, 2015
- Panelist at the Ontario Bar Association, "CSR and the Critical Role of the Lawyer", February 5, 2015
- Guest lecture, Ryerson University, Ted Rogers School of Management, "Anti-Corruption, Corporate Social Responsibility and the Law", November 28, 2014 and November 2016
- Presentation to Canadian Manufacturers and Exporters, "Ethical Sourcing: Critical Strategies to Effectively Monitor Your Global Suppliers", November 12, 2014
- "Supply Chain Due Diligence: The Growing Risks of Failing to Manage your Suppliers", Sills Egsgard Bulletin, August 2014
- "Lessons from Canada's First Anti-Corruption Trial, Northern Miner, September 9, 2013
- "Increasing Global Regulation: Conflict Minerals and Transparency Laws", presentation to the Canadian Institute of Mining, Metallurgy and Petroluem, Management Economic Society, April 24, 2013
- "Canada's Planned Amendments to Strengthen Laws Against Foreign Bribery", Sills Egsgard LLP E-Bulletin, February 7, 2013
- "Bribery by Third Parties: It may not be enough to say you didn't know", Northern Miner, May 5, 2013
- "Northern Miner Commentary: The new SEC rules for disclosing payments", September 30, 2012
- "Northern Miner Commentary: The new US rules for conflict minerals and their impact on miners", October 1, 2012
- "Investor-State Arbitration Handbook for Investors", co-author with Mark N. Sills and Claude Thomson, Fasken Martineau publication
- "Investor-State Arbitration Handbook for States", co-author with Mark N. Sills and Claude Thomson, Fasken Martineau publication
- "A Canadian Perspective on NAFTA", co-author with Claude Thomson, paper
- presented to Miami conference on international arbitration
- "Privatization and Modernization of Indian Airports", Fasken Martineau India Law Bulletin, May 2006
- "Efforts to Protect Historical Knowledge from Foreign Claims", Fasken Martineau India Law Bulletin, May 2006
- Conversational French