Canadian Lawyer

Regional wrap-up Ontario lawyer sues police over public arrest Continued from page 9 alleges police "relied upon witnesses knowing that the said witnesses suffered from mental health-issues and/or past criminal histories and they failed to diligently, fairly, and objectively test the accuracy or veracity of that evi- dence before acting." As a result, the Crown felt there was a case, the lawsuit maintains. "They prepared and created a Crown brief that on its face was not a true reflection of the facts and circumstances investigated, which resulted in the Crown attorney being satisfied that there was a reasonable prospect of conviction." Bennett Jones pleased with China gambit C anadian and international law firms in the business of law are increasingly focusing on the big prize — China. Two-and-ahalf years ago, Calgary-based Bennett Jones LLP decided Chinese interest in Canadian energy resources, plus other business opportunities, made a compelling case to put a representative in China. "We had to go through the necessary investigation, conception, and implementation of the idea, but in the end it was a quick decision," the firm's Toronto managing partner Stephen Bowman recalls from his office overlooking Lake Ontario. The decision had a certain inevitability given the 90-year-old firm's long history as a major legal player in Alberta's oil and gas industry, an industry which continues to attract a lot of Chinese interest. And even though the Chinese economy has cooled somewhat, Bowman is confident the experiment with a Beijing office was the right thing to do and the continuing opportunities in China mean Bennett Jones is in China for the long haul. "We think (opportunities) will accelerate under the new Chinese leadership." Given the regulatory hurdles surrounding foreigners practising law in China, Bennett Jones chose to do what many other international firms are doing. "We decided the best option was to proceed with a representative office," says Bowman. "We don't have a licence to prac- 10 Jan uary 2013 www.CANADIAN tise law in China." So the firm acquired the services of a Mandarin-speaking former Canadian diplomat and experienced banker, Margaret Cornish. Her credentials are impressive, but she is not a lawyer. She is officially the chief representative of Bennett Jones Commercial Consulting Inc. Though Cornish lacks legal credentials, Bennett Jones feels she is the right person at the right time in China. "We're not in the trade promotion business," says Bowman. "Our job is to assist. Our object is to establish a beachhead." The beachhead is Cornish's office in the heart of Beijing's hectic central business district. "We are witnessing China's transition," she says. "It's wonderful." Cornish says that transformation means opportunities in trade and investment. It means gathering market intelligence, liaising with business as well as diplomatic and political interests, and also explaining Canada L a w ye r m a g . c o m Mattson says the 2010 arrest and charge have left him with stress, depression, and insomnia. "It was very stressful in hindsight. Now that it's over and I got a chance to reflect on it . . . it was very stressful." — Yamri Taddese yamri.taddese@thomsonreuters.com West to the Chinese government. Of course, as she points out, business agreements often lead to either minor or major disagreements. "That is where litigation or dispute resolution may come in." Not to mention lawyers from Bennett Jones. Cornish lives a 15-minute walk from her office with her now-retired husband. She says modern Beijing offers many friends, both Chinese and international, good restaurants, and good concerts to feed her love of serious music. Beijing is very different from the city Cornish came to in 1972 as a young diplomat when Canada opened its first embassy. "It was during the Cultural Revolution. The streets were filled with bicycles. The only foreigners here were diplomats or [Communist] fellow travellers. We were isolated, there were few places we could go." So given the immense changes and China's continuing interest in Canada's resources what about future expansion by Bennett Jones in China? Back in Toronto, Bowman is cautious: "We don't have a timetable for that. Our goal is to take another step forward when the time is right." Meanwhile Bennett Jones continues to expand elsewhere. It now has three offices in the Gulf States — one in Doha, another in Abu Dhabi, and a third, opened a year ago in Doha. — Geoff Ellwand writerlaw@gmail.com

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