Susan Humphrey

Susan is developing a broad litigation practice in civil, criminal, and administrative law. She both summered and articled with the firm before joining as an associate in 2019.

Susan has appeared as counsel before all levels of court in British Columbia and has represented clients before a number of administrative bodies such as the British Columbia Human Rights Tribunal, the Law Society of British Columbia, and Rowing Canada. She is an active volunteer with Access Pro Bono.

Susan received a Bachelor of Laws and a Bachelor of Civil Law through McGill University’s bilingual joint degree program in 2017. During her final semester of law school, Susan studied abroad at the University of Cape Town, where she focused on constitutional, administrative, and criminal law.

While at law school, Susan participated in the Laskin moot, where she and her partner were the top ranked pair and the McGill team placed first overall. Susan also volunteered with the Legal Information Clinic at McGill and completed a clerkship with the Honourable Justice Patrick Healy at the Court of Quebec, Criminal Division and the Quebec Court of Appeal.

Prior to entering the field of law, Susan worked on Parliament Hill and studied politics at Mount Allison University and the University of Oxford. She was awarded a Rhodes Scholarship in 2010.

Originally from New Brunswick, Susan is fluent in both English and French.

Notable Cases

Law Society of British Columbia v. Pelletier, 2023 LSBC 47 (with Bill Smart, K.C.): Successfully represented the Law Society of British Columbia in a hearing on disciplinary action in which the Law Society sought the disbarment of a lawyer who had committed professional misconduct. The lawyer was found to have knowingly assisted in dishonesty, crime, or fraud by purposely using his status as a lawyer and his trust account to assist his clients in hiding the illegal proceeds of their securities fraud, which totalled approximately $24 million CAD and $5 million USD.

Law Society of British Columbia v. Wang, 2023 LSBC 38 (with Bill Smart, K.C.): Successfully represented the Law Society of British Columbia in respect of a citation alleging that a lawyer had, among other things, committed professional misconduct by failing to provide legal services, make reasonable inquiries, and make a record of the results of any inquiries made about the circumstances of trust account transactions in respect of two client matters totalling approximately $3.4 million.

Anonymized v. Hockey Canada, SDRCC 23-0667 (with Austen Erhardt, articled student): Successfully appealed the imposition of a significant disciplinary penalty on a minor athlete by Hockey Canada through the Sport Dispute Resolution Centre of Canada. The original disciplinary penalty included a six-month suspension and a three-month suspension, to be served concurrently, followed by a 12-month period of probation. The appeal resulted in a substituted disciplinary penalty of, in essence, a six-game suspension and a 12-month period of probation.

R. v. Sidhu, 2023 BCPC 77 (with Bill Smart, K.C.): Assisted an accused in avoiding criminal charges and represented her in respect of a charge under the Motor Vehicle Act of driving without due care and attention in circumstances that led to the death of the accused’s colleague. The accused pled guilty to the offence and Judge Sutherland of the Provincial Court of British Columbia endorsed the joint submission of Crown and defence counsel that a fine of $1,500 without a driving prohibition was a fit sentence in the circumstances.

Law Society of British Columbia v. Pelletier, 2023 LSBC 03R (with Bill Smart, K.C.): Successfully represented the Law Society of British Columbia in respect of a citation alleging that a lawyer had committed professional misconduct by engaging in activities that assisted in or encouraged dishonesty, crime, or fraud. The Hearing Panel found that the Law Society had proven that the lawyer had used his firm’s trust accounts to receive or disburse approximately $24 million CAD and $5 million USD on behalf of several clients when he knew that some of these clients were being investigated for securities fraud by the US Securities and Exchange Commission and that some or all of the funds he received or disbursed were proceeds of that securities fraud.

Minchin v. Movsessian, 2023 BCSC 144 (with Bill Smart, K.C. and Rebecca Robb): Defended a police officer, the City of Delta, and the Province of British Columbia in respect of a negligence claim arising from a shooting that occurred while the officer was conducting a high-risk vehicle takedown. The Court concluded the plaintiff had not proved the officer had breached the applicable standard of care.

Law Society of British Columbia v. Sager, 2022 LSBC 49 (with Bill Smart, K.C.): counsel for the Law Society of British Columbia in successfully resisting an application made by a respondent lawyer to anonymize publication of a citation issued by the Law Society.

Callaghan v. Charbonneau, 2022 BCCA 167 (with assistance from Kelly Firth): counsel for the respondent mother in successfully defending an appeal from an order finding there had been no material change in circumstances to justify a fresh analysis of the consent parenting schedule the appellant father sought to vary.

Conseil scolaire francophone de la Colombie-Britannique v. British Columbia, 2022 BCSC 540 (with Claire E. Hunter, Q.C. and co-counsel Nicholas J. Isaac): counsel for Her Majesty the Queen in Right of the Province of British Columbia and the Minister of Education of the Province of British Columbia in a successful motion to strike a number of paragraphs of the notice of civil claim filed by the Conseil scolaire francophone de la Colombie-Britannique.

Copeland, Craven, Heron and others v. Williams, RWCA 20-0001 (with Diana Sepúlveda): counsel for five complainants in successful complaints made to Rowing Canada against a former varsity rowing coach. The Panel’s decision included findings of harassment, abusing the power imbalance inherent in a coaching position, and failing to ensure a safe training environment, among others.

Cid de la Torre v. Legal Services Society, 2020 BCHRT 30 (with Paul D. Heisler): counsel for the Legal Services Society in a successful application to dismiss a complaint made to the BC Human Rights Tribunal.

Order F21-49 British Columbia Lottery Corporation, 2021 BCIPC 57 (with Brian Duong): counsel for the public body BCLC in an inquiry under the Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 165, successfully defending BCLC’s decision to refuse applicant access to the name(s) and hometown(s) of the winner(s) of the April 25, 2018 Lotto 6/49 jackpot.

News

November 2023

Bill Smart, K.C. and Susan Humphrey successfully represented the Law Society of British Columbia in a hearing on disciplinary action in which the Law Society sought the disbarment of a lawyer who had committed professional misconduct. The lawyer was found to have knowingly assisted in dishonesty, crime, or fraud by purposely using his status as a lawyer and his trust account to assist his clients in hiding the illegal proceeds of their securities fraud, which totalled approximately $24 million CAD and $5 million USD. The decision of the Hearing Panel on Disciplinary Action is available here.

September 2023

A team comprised of Claire E. Hunter, K.C., Brian Duong, Julia Roos, Susan Humphrey, Amanda Richards, Hayden Cook, and Elspeth Adhihetty (articled student) represented His Majesty the King in right of the Province of British Columbia and the Minister of Education and Child Care in respect of a series of applications filed as part of ongoing litigation with the Conseil scolaire francophone de la Colombie-Britannique and the Vancouver Board of Education. Copies of the resulting decisions can be found here: 2023 BCSC 1554 (adjournment); 2023 BCSC 1332 (document production); and 2023 BCSC 1281 (pleadings).

Bill Smart, K.C. and Susan Humphrey successfully represented the Law Society of British Columbia in respect of a citation alleging that a lawyer had, among other things, committed professional misconduct by failing to provide legal services, make reasonable inquiries, and make a record of the results of any inquiries made about the circumstances of trust account transactions in respect of two client matters totalling approximately $3.4 million. The decision of the Hearing Panel on Facts and Determination is available here.

Susan Humphrey and Austen Erhardt (articled student) successfully appealed the imposition of a significant disciplinary penalty on a minor athlete by Hockey Canada through the Sport Dispute Resolution Centre of Canada. The original disciplinary penalty, which included a six-month suspension and a three-month suspension, to be served concurrently, followed by a 12-month period of probation. The appeal resulted in a substituted disciplinary penalty of, in essence, a six-game suspension and a 12-month period of probation.

June 2023

Bill Smart, K.C. and Susan Humphrey successfully represented the Law Society of British Columbia in respect of a citation alleging that a lawyer had committed professional misconduct by engaging in activities that assisted in or encouraged dishonesty, crime, or fraud. The Hearing Panel found that the Law Society had proven that the lawyer had used his firm’s trust accounts to receive or disburse approximately $24 million CAD and $5 million USD on behalf of several clients when he knew that some of these clients were being investigated for securities fraud by the US Securities and Exchange Commission and that some or all of the funds he received or disbursed were proceeds of that securities fraud. The decision of the Hearing Panel on Facts and Determination is available here.

February 2023

Bill Smart, K.C. and Susan Humphrey assisted an accused in avoiding criminal charges and represented her in respect of a charge under the Motor Vehicle Act of driving without due care and attention in circumstances that led to the death of the accused’s colleague. The accused pled guilty to the offence and Judge Sutherland of the Provincial Court of British Columbia endorsed the joint submission of Crown and defence counsel that a fine of $1,500 without a driving prohibition was a fit sentence in the circumstances. Judge Sutherland’s reasons for judgment are available here.

Bill Smart, K.C., Rebecca Robb, and Susan Humphrey successfully defended a police officer, the City of Delta, and the Province of British Columbia in respect of a negligence claim arising from a shooting that occurred while the officer was conducting a high-risk vehicle takedown. The Court concluded the plaintiff had not proved the officer had breached the applicable standard of care. The reasons for judgment are available here.

December 2022

Bill Smart, K.C and Susan Humphrey were successful on behalf of the Law Society of British Columbia in resisting an application made by a respondent lawyer to anonymize publication of a citation issued by the Law Society. The decision of the motions adjudicator is available here.

June 2022

A Hunter Litigation Chambers team comprised of Bill Smart, Q.C., Brian Duong, Julia Roos, Susan Humphrey, Simone Penney, and others represented a major participant in the Commission of Inquiry into Money Laundering in British Columbia. A copy of the Commission’s final report can be found here.

May 2022

Susan Humphrey successfully defended an appeal from an order finding there had been no material change in circumstances to justify a fresh analysis of the consent parenting schedule the appellant father sought to vary. Kelly Firth assisted in the preparation of the materials for the appeal. A copy of the decision can be found here.

A Hunter Litigation Chambers team led by Claire Hunter Q.C., with the assistance of associates Simone Penney, Maryanna Dinh, Susan Humphrey and Nathan Wells following a 4-day hearing obtained a judgment setting aside an ex parte Mareva injunction against our client.

April 2022

Claire Hunter, Q.C. led a team including Hunter Litigation Chambers associates Susan Humphrey, Amanda Richards and Stacey Waterman and co-counsel Nicholas Isaac representing Her Majesty the Queen in Right of the Province of British Columbia and the Minister of Education of the Province of British Columbia in a successful motion to strike a number of paragraphs of the notice of civil claim filed by the Conseil scolaire francophone de la Colombie-Britannique. Justice Gomery’s reasons for judgment are available here.

April 2021

Susan Humphrey and Diana Sepúlveda represented five Complainants in respect of complaints filed with Rowing Canada against a former varsity rowing coach. The five complaints were heard by a panel of three independent decision-makers. The Panel found that the Respondent had committed a number of violations of the applicable Code of Conduct and Code of Ethics in respect of two of the Complainants. The Panel’s decision included findings of harassment, abusing the power imbalance inherent in a coaching position, and failing to ensure a safe training environment, among others. A copy of the Panel’s decision can be found here.

February 2020

Paul Heisler and Susan Humphrey were successful in an application to dismiss a complaint made to the BC Human Rights Tribunal against their client, the Legal Services Society. The decision can be found here.