William B. Smart, Q.C.
William Smart is a senior litigator who has 40 years of experience primarily in the areas of criminal, administrative and regulatory law. This includes representing clients under investigation or charged pursuant to various federal and provincial Acts such as the Income Tax Act, Canada Labour Code, Fisheries Act, Customs Act, Excise Act, Workers Compensation Act, Mines Act, Securities Act, Police Act, Gaming Enforcement Act and Elections Act, as well as representing lawyers, teachers, and health care professionals before their respective regulatory bodies. He has appeared for both the defence and Crown in all levels of court in British Columbia and the Yukon Territory, as well as before the Supreme Court of Canada. He is peer rated by Martindale-Hubbell with its highest level of professional excellence, Pre-eminent Counsel (AV).
Mr. Smart was appointed Queen’s Counsel in 1996, and was the 2001 Milvain Visiting Chair in Advocacy at the University of Calgary Faculty of Law. He was inducted as a Fellow of the American College of Trial Lawyers in 2002 and a Fellow of the International Society of Barristers in 2005.
He has been a regular contributor to continuing legal education programs for over thirty five years, including as a faculty member of the Federation of Law Societies National Criminal Law Program since 1984. He has been co-chair of the McEachern Advanced Trial Advocacy Course at the UBC Faculty of Law since 2012. He was a member of Canada’s 1972 Olympic Track and Field team.
J.P. v. British Columbia (Children and Family Development), 2018 BCCA 325: On the costs application, the Court dismissed a number of orders sought against counsel for the mother, including an application for an order counsel for the mother pay special costs of the proceedings personally. Bill Smart, Q.C. and Claire Hunter acted for the mother’s lawyer in successfully resisting the orders sought against him.
Sateri (Shanghai) Management Limited v. Vinall, 2017 BCSC 491 (with Ken McEwan, Q.C. and Ken Leung): Defended Fortress Paper Ltd. and Fortress Specialty Cellulose Inc. against a multimillion dollar claim for alleged knowing assistance in breach of trust, breach of confidence, and inducing breach of contract pertaining to the Fortress defendants’ acquisition and conversion of a pulp mill in Thurso, Quebec. The plaintiffs pursued an accounting and disgorgement remedy, along with punitive damages. Their claims against the Fortress defendants were dismissed in their entirety.
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.
HLC congratulates Bill Smart, Q.C. on being named a “Litigation Star” by Benchmark Canada 2022. This designation is bestowed upon individuals who are consistently recommended as reputable and effective litigators during interviews with clients and the nation’s leading private practice lawyers and in-house counsel.
Best Lawyers in Canada™ has released the 2022 edition of its publication, and Bill Smart, Q.C. is recognized for his work in Criminal Defence and Administrative and Public Law.
Bill Smart, Q.C. and Trevor Bant were counsel to the Law Society in an appeal from an order made on judicial review of a decision to publish a citation against a lawyer. The reasons for judgment are available here.
Bill Smart, Q.C. and Trevor Bant acted for the Law Society in a review of a professional misconduct decision of a hearing panel of the Law Society Tribunal. The review, which was decided in favour of the Law Society, concerned the correct approach to lawyers’ misconduct where there are issues of substance abuse or mental health.
HLC is pleased to continue to receive the highest ranking of “Highly Recommended” in Benchmark Canada 2020. This is a testament to the talent and hard work of our individual lawyers, seven of whom have been ranked as “Litigation Stars” by Benchmark. Congratulations to Bill Smart Q.C., Randy Kaardal, Q.C., Claire Hunter, Q.C., Mike Stephens, Mark Oulton, Brent Olthuis and Ryan Dalziel.
On October 10 and 15, 2019, Bill Smart QC and Claire Hunter QC were guest instructors for the cross examination section of UBC Allard Law’s Allan McEachern Advanced Trial Advocacy course. Bill gave a demonstration of a cross examination of a witness in a criminal trial and Claire gave the civil trial demonstration.
Benchmark Canada has released its 2019 Attorney rankings and again Bill Smart, Q.C. is recognized as a litigation star.
Hunter Litigation Chambers was again recommended as a Top-Tier Firm in Dispute Resolution in British Columbia, in The Legal 500 Canada 2019 edition. Four Lawyers are recommended in the editorial, William Smart QC, Michael Stephens, Brent Olthuis and Claire Hunter.
The Best Lawyers in Canada (2019 Edition) recognized Bill Smart for Criminal Defence.
On August 20, the Court of Appeal released its Reasons for Judgment on a costs application in J.P. v. British Columbia (Children and Family Development), a family case that has been the subject of significant attention and commentary. On the costs application, the Court dismissed a number of orders sought against counsel for the mother, including an application for an order counsel for the mother pay special costs of the proceedings personally. Bill Smart, Q.C. and Claire Hunter acted for the mother’s lawyer in successfully resisting the orders sought against him.
Benchmark Canada has released its 2018 Attorney rankings and each of Claire Hunter, Randy Kaardal, Q.C., Brent Olthuis, Mark Oulton, Bill Smart, Q.C. and Michael Stephens are recognized as litigation stars.
Martindale-Hubbell has released their 2018 ratings. Bill Smart, Mark Oulton and Brent Olthuis received the “AV/Preeminent” rating from their peers, which is the highest ranking. Michael Stephens and Randy Kaardal received the “Distinguished” rating. Each of these rating means that they were deemed by their peers to have very high professional ethics and preeminent/distinguished legal ability. Only lawyers with high ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.
Mark Oulton and Brent Olthuis acted as volunteer guest instructors for the Mock Civil Trial portion of UBC Allard Law’s Allan McEachern Course in Trial Advocacy, for which Bill Smart is one of three adjunct faculty instructors.
The Best Lawyers in Canada (2018 Edition) recognized William Smart for Criminal Defense.
William Smart, Q.C., Ken McEwan, Q.C. and Ken Leung successfully defended Fortress Paper Ltd. and Fortress Specialty Cellulose Inc. against a multimillion dollar claim for alleged knowing assistance in breach of trust, breach of confidence, and inducing breach of contract pertaining to the Fortress defendants’ acquisition and conversion of a pulp mill in Thurso, Quebec. The plaintiffs pursued an accounting and disgorgement remedy, along with punitive damages. Their claims against the Fortress defendants were dismissed in their entirety. The reasons for judgment can be found here.