Devin Eeg

Devin Eeg is developing a general civil litigation practice with a focus on appeals and administrative law. He has represented clients in the Supreme Court of British Columbia, the Court of Appeal for British Columbia, and the Supreme Court of Canada.

Between summering with the firm and rejoining as an associate, Devin clerked for Justices Harvey Groberman and Patrice Abrioux at the Court of Appeal for British Columbia (2020/21), and for the Hon. Justice Andromache Karakatsanis at the Supreme Court of Canada (2021/22).

Devin graduated with a J.D. from the Peter A. Allard School of Law at the University of British Columbia in 2020, and was called to the bars of British Columbia and Ontario in 2022. Outside work, he coaches the Allard School of Law team in the Philip C. Jessup International Law Moot. He also holds a Master’s Degree in History.

He is fluent in English and French.

Notable Cases

Auer v. Auer, 2024 SCC 36 and TransAlta Generation Partnership v. Alberta, 2024 SCC 37 (co-counsel with Aubin Calvert): represented the intervener the Trial Lawyers Association of British Columbia in companion appeals that establish that the standard of review in judicial reviews of subordinate legislation (regulations, bylaws, etc.) is presumptively reasonableness.

Zhang v. Nanaimo Airport Commission 2024 BCSC 2061: represented the Nanaimo Airport Commission in successfully opposing a petition to cancel an easement under s. 35 of the Property Law Act. The decision confirms prior case law stating that the location of aerodromes is an exclusive federal competence protected by the doctrine of interjurisdictional immunity.

City of Surrey v. British Columbia Ministry of Public Safety and Solicitor General, 2024 BCSC 881 (with Brian Duong and co-counsel at Dennis James Aitken): counsel for the City of Surrey in a petition that challenged the Province’s direction and legislation to transition the City's police of jurisdiction from the Royal Canadian Mounted Police to the Surrey Police Service.

Poonian v. British Columbia (Securities Commission), 2024 SCC 28 (co-counsel with Claire Hunter, K.C.): represented the intervener the Federation of Law Societies of Canada in a case deciding whether debts owing from regulatory sanctions survive bankruptcy under the Bankruptcy and Insolvency Act.

Yu v. 1020590 B.C. Ltd., 2024 BCSC 179: (co-counsel with Ryan Androsoff) represented the applicant in successfully applying to cancel a certificate of pending litigation (CPL) that was registered over three commercial properties, on the basis that the plaintiff’s claim failed to disclose an interest in land sufficient to meet the criteria of the Land Title Act.

Publications

Asha Kaushal, Bethanie Hastie & Devin Eeg, "Bordering the Pandemic: COVID-19, Immigration and Emergency" (2020) 41:1 National Journal of Constitutional Law 1

Speaking

“Where is the Internet? Judicial Responses in British Columbia”, Presentation (BC Studies Conference, Kamloops, BC), May 3, 2019

“Procedural Fairness: The View from BC”, Guest Lecture (Western University, Administrative Law), February 16, 2023

News

November 2024

The Supreme Court of Canada released its judgments in Auer v. Auer, 2024 SCC 36 and TransAlta Generation Partnership v. Alberta, 2024 SCC 37. The cases redefine the standard of review for judicial reviews of “subordinate legislation” (regulations, bylaws, etc.). In the past, subordinate legislation could only be struck down if it was “irrelevant”, “extraneous” or “completely unrelated” to the objectives of the governing statute. The cases now make clear that reasonableness ­– i.e. whether the subordinate legislation reasonably fell within the scope of the delegated authority – is the presumptive standard. Aubin Calvert and Devin Eeg represented the intervener the Trial Lawyers Association of British Columbia in the appeals.

October 2024

Devin Eeg represented the Nanaimo Airport Commission in successfully opposing a petition to cancel an easement under s. 35 of the Property Law Act. The case turned in part on whether provincial land use laws applied to the location of “aerodromes”, as defined under the federal Aeronautics Act. The Court agreed that they did not, confirming that the location of aerodromes is an exclusive federal competence protected by the doctrine of interjurisdictional immunity (Zhang v. Nanaimo Airport Commission, BCSC, Vancouver Registry, S-244435).

September 2024

Aubin Calvert and Devin Eeg represented the Trial Lawyers Association of British Columbia in Government of Saskatchewan (Minister of Education) v. UR Pride Centre for Sexuality and Gender Diversity, an appeal in the Court of Appeal for Saskatchewan that will decide whether a valid invocation of s. 33 of the Charter – the “notwithstanding clause” – ousts the jurisdiction of superior courts to review the constitutionality of legislation.

August 2024

The Supreme Court of Canada released its judgment in Poonian v. British Columbia (Securities Commission), 2024 SCC 28, a case about whether debts owing from regulatory sanctions survive bankruptcy under the Bankruptcy and Insolvency Act. Devin Eeg and Claire Hunter, K.C. represented the intervener the Federation of Law Societies of Canada in the appeal.

April 2024

Aubin Calvert and Devin Eeg appeared in the Supreme Court of Canada on behalf of the intervener Trial Lawyers Association of British Columbia in the joint appeals Auer v. Auer and TransAlta Generation Partnership v. His Majesty the King in Right of the Province of Alberta.

February 2024

Devin Eeg and Ryan Androsoff successfully applied to cancel a certificate of pending litigation (or CPL) that was registered over three commercial properties, on the basis that the plaintiff’s claim failed to disclose an interest in land sufficient to meet the criteria of the Land Title Act. The reasons for judgment are available here.

December 2023

Claire Hunter, K.C. and Devin Eeg appeared in the Supreme Court of Canada on behalf of the intervener Federation of Law Societies of Canada in Poonian v. British Columbia Securities Commission. The intervener factum is available here.

July 2023

Devin Eeg was acclaimed to the CBA BC Appellate Advocacy section executive for 2023-24 as Law and Policy Liaison.