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T. Bradbrooke Smith

 

T. BRADBROOKE SMITH
T. Bradbrooke Smith
Special Counsel
Stikeman Elliott
Ottawa, ON

 

Law Practice
Brad Smith has for some time been practicing in the area of public law and international law.  In the past he has had an extensive litigation practice before the Supreme Court of Canada and the Trial and Appeal Divisions of the Federal Court. Mr. Smith appeared in many important and reported constitutional cases before the Supreme Court of Canada. He also has had extensive experience in administrative law and tax cases before the Federal Court.
Mr. Smith was in charge, from a Canadian perspective, of the litigation concerning the debts of the International Tin Council and was the principal negotiator on behalf of its state members in the settlement of its massive debt. He has acted as counsel in state-to-state international arbitrations and has accepted appointments in arbitration matters from the American Arbitration Association, the International Chamber of Commerce, the NAFTA Secretariat and the Permanent Court of Arbitration.

Mr. Smith is listed in the 2009 edition of the Best Lawyers in Canada in the area of International Arbitration. He is AV® Peer Review Rated according to Martindale-Hubbell (Very High to Pre-eminent), its highest level of professional ranking.


Professional Activities
For many years Mr. Smith has been active in the work of The Hague Conference on Private International Law. He has chaired numerous meetings of that body, including those of the Commission developing the very successful Convention on Intercountry Adoption. He has also been chairman of various Special Commissions of the Conference including that charged with developing a convention on jurisdiction, recognition and enforcement of judgments in civil and commercial matters as well as a session of a diplomatic conference on the subject.
In 2004 the Royal Honour of Commander of the Order of Orange-Nassau was conferred on him by the Queen of The Netherlands in recognition of his contribution over many years to the work of The Hague Conference on Private International Law.
Mr. Smith has been an active member of the Canadian Bar Association and was for nearly three decades co-chairman of the Joint Working Group on Dispute Settlement (with the ABA and the Barra Mexicana). He has for many years been active in the Canadian Section of the International Commission of Jurists. He is a member of the international panels of the Centre for Public Resources, New York, the London Court of International Arbitration, the American Arbitration Association and the International Chamber of Commerce.


Publications
Mr. Smith has contributed to the Law Society of Upper Canada Special Lectures, to the Canada United States Law Journal and to other publications and conference materials particularly on international arbitration and the settlement of international disputes.
Education
Mr. Smith graduated from Mt. Allison University (B.A. 1952) and from Dalhousie University (M.A. History 1955, LL.B. 1956).  He studied at the Institute of Historical Research, University of London 1952-3 and during 1957-8 in the doctoral program at the Graduate Institute of International Studies, Geneva.  He is a former visiting professor at the Université de Montréal and the Law Faculty of Queen’s University, Kingston.


Background
Prior to joining Stikeman Elliott, Mr. Smith practiced his profession for nearly 30 years in the Department of Justice of the Government of Canada. He held positions as Solicitor to the Treasury, Director of the Constitutional and International Law Section, Assistant Deputy Attorney General, Civil Litigation, and Chief General Counsel. He has a broad background in governmental operations and the control of its activities. He was made Queen’s Counsel in 1973.
Mr. Smith is a contributor to community activities including membership on the Ottawa Advisory Board of Salvation Army and serving on the international board of the International Social Service.


Bar Admission
Ontario 1962.  Nova Scotia 1957.

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