Ken Jull

Ken Jull

Counsel

Ken Jull
Contact Information

Ken Jull

Counsel


T 416.865.2964

F 416.865.6636

E kjull@grllp.com

Education

Osgoode Hall Law School (LLM, 1985)
Osgoode Hall Law School (LLB, 1981)
University of Toronto (BA w/distinction, 1978)
Bar Admission

Ontario, 1984
About Gardiner Roberts LLP

For over 100 years, Gardiner Roberts has combined the benefits of a full-service law firm with the dexterity of a mid-sized one. Our focused, cross-disciplinary, one-team approach and commitment to understand your business joins our relevant expertise, immediacy and dedication to providing client-centric, hands-on service. 100% Canadian and fully independent, we offer a level of overall efficiency and cost-effectiveness that larger firms can't touch. Resisting "cookie-cutter" law, Gardiner Roberts has built its name - one rewarding client relationship at a time.

Executive Summary

Notice: I am on a secondment to the Competition Bureau in Ottawa in the position of General Counsel and will not be checking my Gardiner Roberts LLP e-mail account. If you require assistance please contact my assistant Kellie Engelhardt at 416.865.8250 or kengelhardt@grllp.com

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Mr. Jull is the co-author of Regulatory and Corporate Liability: From Due Diligence to Risk Management (Carswell) which is used as a textbook in his courses taught at both the University of Toronto, Faculty of Law and Osgoode Hall Law School. Regulatory and Corporate Liability is updated semi-annually and most recently the chapter on “Administrative Monetary Penalties” was completely re-written to account for the decision of the Supreme Court of Canada in Guindon. Mr. Jull is listed under the Investigations Practice Area in Who's Who Legal Canada 2015 and Global Investigations Review - Investigations 2015. Mr. Jull was most recently a partner in a global law firm, leading the Canadian office in the area of compliance and investigations for eight years.

Expertise

Representative Work
  • Acted as co-counsel in the Supreme Court of Canada concerning the constitutional validity of administrative monetary penalties, Guindon v Canada, 2015 SCC 41.
  • Counsel for a major telecommunications company assisting with ongoing compliance programs relating to telecommunications
  • Retained as part of a third party team reporting to the Government of Canada with respect to potential application of debarment rules
  • Counsel in an internal investigations for a Canadian company concerning potential fraud and design systems to mitigate risk
  • Acted as counsel in a Superior Court Trial concerning commercial contracts and allegations of Securities Act oppression. The allegations for this part of the claim were dismissed.
  • Canadian counsel in a global internal investigation concerning the Canadian Corruption of Foreign Public Officials Act. The scope of this investigation included extensive witness interviews and document review, working with law enforcement including the Royal Canadian Mounted Police, and review of compliance procedures and risk assessment
  • Revised Codes of Conduct for various entities relating to compliance with the Corruption of Foreign Public Officials Act
  • Obtained an injunction preventing construction of a bridge in a floodplain on behalf of Halton Region Conservation Authority 
Articles and Presentations
Articles
  • The Supreme Court Decision in Lacasse: White Collar Offenders Beware; Toronto Law Journal, June 2016
  • Panellist at “Crown School”; Strategies for Managing the Prosecution Process, hosted by McMaster University, June 2016. 
  • Proportionality in Sentencing (Canada): White Collar Offenders Beware, January 2016
  • "Constitutionality of Administrative Monetary Penalties: Defining the Punitive Paradigm,"Regulatory Boards and Administrative Law Litigation, Volume XII, No. 3, 2015
  • "The Constitutionality of Administrative Monetary Penalties: Defining the Punitive Paradigm," Toronto Law Journal, September 2015
  • “Canada: judicial recognition of risk assessment, R. V. Michaud
    Co-written with Sarah Petersen, September 2015
  • The new Integrity Regime in Canada – revised debarment rules still too strict? Co-authors: Christopher Burkett, Matt Saunders, Canada – July 2015 
  • "Deferred Prosecution: Why Canada should adopt the U.K. Judicial Model," co-written with Chris Burkett, Global Compliance News, June 14, 2015
  • One million dollar fine confirms the shift of corporate criminal liability from the boardroom to the middle managers”, April 2015 
  • "Penalties that do not Punish: Administrative Monetary Penalties under the Canadian Anti-Spam Legislation," Toronto Law Journal, May 2015 
  • "Global Anti-Corruption Compliance: The Role of Cultural Comparisons, "Western Michigan University Thomas M. Cooley Law Review”, Volume 31, Issue 3
  • "Corruption of Foreign Public Officials Act Overview," Practical Law, January 2015
  • "Corporate Criminal Liability: Myriad Complexity in the Scope of Senior Officer," 2013 60(3) Crim. L.Q., co-author with Todd Archibald and Kent Roach
  • "Critical Developments in Corporate Criminal Liability: Understanding the New Concepts of Senior Officers, Wilful Blindness, and Agents in Foreign Jurisdictions," (2013) 60(1) Crim. L.Q., co-author with Todd Archibald and Kent Roach
  • "Chapter 3 – Canada," Mark F. Mendelsohn, ed., The Anti-Bribery and Anti- Corruption Review, London: Law Business Research Ltd., 2012
  • "From the Slow Lane to the Fast Lane of Broadband: Application of a Theory of Justice", with S. Schmidt, presented at the 2011 Regional Conference of the International Telecommunications Society (Budapest, Hungary), September 18-21, 2011 
  • “An Empirical Approach towards a New Methodology of Impeachment” with Justice Todd Archibald (September 2011) The Advocates’ Journal 3
Articles

Presentations
  • Panel Member – Judicial Authorizations, RCMP Training Day
  • Guest Instructor, Intensive Trial Advocacy Workshop, Osgoode Hall Law School – July 11-12
  • Lecturer, "Effective Corporate Governance Practices: A Risk Management Approach," Schulich School of Business Conference, Leadership Competencies - What Senior Managers Need to Know, April 7, 2016
  • Tackling Corporate Corruption: The Case for Deferred Prosecution Agreements” The Conference Board of Canada, March 16, 2016 (Webinar)
  • Lecturer, “A Psychological Approach to Impeachment”, Faculty of Law, Queen’s University, Course on Criminal Trial Advocacy, February 8, 2016
  • Lecturer, “A Risk Assessment Approach to the standard of Reasonableness” Osgoode Continuing Professional Development Administrative Law Programme, November 2015
  • Lecturer on Risk Management at CBERN CEU Educating for Integrity Conference Thursday, November 5 – November 7, 2015
  • Lecturer, "Effective Corporate Governance Practices: A Risk Management Approach," Schulich School of Business Conference, Leadership Competencies - What Senior Managers Need to Know, October 2015
  • Co-chair, 6th Conducting Regulatory Investigations Course, September 29-30, 2015
  • Panel Member, Canada-China Institute for Business & Development, Chinese Immigrants Doing Business in Canada Conference Program, Ryerson University, September 12, 2015
  • Lecturer, "Corporate Criminal Responsibility," Osgoode Hall Law School Professional Development, June 24, 2015.
    Panel member, "Innovations in Sentencing," Crown Counsel Summer School, June 17, 2015
  • Judge, "2015 Law and Business Case Competition," Ted Rogers School of Business Management, Ryerson University
  • Course Leader, 5th Conference on Conducting Regulatory Investigations, Ottawa September 9-10, 2014
  • Presenter, "Global Anti-Corruption Compliance: The Role of Cultural Comparisons," International Programs, Thomas M. Cooley Law School, June 20, 2014
  • Presenter, "Cross-Border Issues in Energy, Mining, and Natural Resources," OBA Seminar, June 20, 2014
  • Panel member, OBA Ontario – New York Legal Summit, 28 March 2014
  • Presenter, "Corporate Criminal Liability," RCMP, February 10, 2014
  • Presenter, "Corruption of Foreign Public Officials Act (FCPA) and FCPA compliance practices," Canada China Business Council
  • Co-Chair, 4th Conference on Conducting Regulatory Investigations, Ottawa, September 2013 
  • Presenter, "The Charter and Regulatory Investigations," Prosecutions Course Legal Services Division 2013 - Crown Counsel Summer School, June 20, 2013
  • Presenter and Chair, "2nd Annual Canadian and Global Anti-Corruption Compliance Conference," Marcus Evans, Toronto, February 2013
  • Speaker, "20th Annual Canadian International Law Students’ Conference: Envisioning Canada’s Leadership in Changing Legal Landscape (CILSC)," York University and University of Toronto, January 2013
  • Co-presenter, "Fair Warning: Anti-spam Legislation and a Pyramid Approach towards Enforcement," 2012 Regional Conference of the International Telecommunications Society, Vienna, Austria, July 2012
  • Panel member and presenter, "When Defendants are Corporations," Justice of the Peace Spring Conference I, April and May 2012
  • Chairman and presenter, "Anti-Corruption Risk Assessment and Risk Management," Canadian and Global Anti-Corruption Compliance Conference, Marcus Evans, February 27-29, 2012
  • Presenter, "Risk of Harm in Commercial Dealings: Fraud and Insider Trading," RCMP, IMET, February 2012
  • Presenter, "Developing and Implementing Comprehensive Compliance Programs," Anti- Corruption and Bribery Compliance Conference, The Canadian Institute, January 30-31, 2012
  • Presenter, "Courts as Gatekeepers: Alternative Hypotheses," Evidence and Experts OBA Seminar, Fredericton, New Brunswick, October 21, 2011
  • Presenter, "Global Ethics," Global Business Law & Ethics Seminar, October 5, 2011
  • Presenter, "The Law Governing Regulatory Investigations: A Primer Regulatory Law and Privacy," 2nd Regulatory Investigations Course, Ottawa, September 26-27, 2011
  • Co-presenter, "From the Slow Lane to the Fast Lane of Broadband: Application of a Theory of Justice," 2011 Regional Conference of the International Telecommunications Society, Budapest, Hungary, September 18-21, 2011
  • Presenter, "Administrative Monetary Penalties," Globalization of Crime: Criminal Justice Response Seminar, Ottawa, August 7-11, 2011
  • Presenter "Corporate Governance, Compliance, Ethics and Administrative Monetary Penalties," CCCA - 2011 National Spring Conference, Hilton Toronto, Toronto, April 3-5, 2011
  • Co-presenter, "From Behind the Veil of the Unknown: Justice and Innovation in Telecommunications," 18th Biennial Conference of the International Telecommunications Society, Tokyo, Japan, 2010 
Quoted
  • Quoted in “Careless driving cases show limits of POA”, Law Times, July 18, 2016
  • Quoted in “Dammed if you do, dammed if you don’t: the perils of self-reporting corporate misdeeds” Financial Post, April 19, 2016
  • Quoted in “Work Deaths Ruling Send a Strong Message”, The Lawyers Weekly, February 5, 2016
  • Quoted in "Canada Enters a New Phase by Stepping Up Enforcement: White Collar Crime," Lexpert, July/August 2015
  • Quoted in "Canadian Supreme Court raises standard of proof in punitive cases," Global Investigations Review, August 10, 2015
  • Quoted in "SCC upholds AMPs in case against Ottawa lawyer," Law Times, August 10, 2015
Professional Involvement
  • Adjunct Professor, University of Toronto, Faculty of Law, “Financial Crimes and Corporate Compliance”
  • Schulich School of Business, "Corporate Governance" in continuing education”
  • Adjunct Professor, Osgoode Hall Law School, Faculty of Graduate Studies – Co-Director of the Part Time LL.M. specializing in Civil Litigation and Dispute Resolution, Teaching “Corporate and Financial Crimes and Compliance” and “Advanced Trial Advocacy: Empirical and Theoretical Issues”
  • Law Commission of Ontario's Advisory Group
  • Canadian Association of Law Teachers
  • Toronto Lawyers Association
  • Toronto Lawyers Association Journal, Regulatory Matters – Editor
  • Regulatory Boards and Administrative Law Litigation Journal – Editor 
Beyond the Office
  • Retired triathlete, but still training.