William B. Smart, K.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 King’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.

Notable Cases

Law Society of British Columbia v. Pelletier, 2023 LSBC 47 (with 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.

Law Society of British Columbia v. Wang, 2023 LSBC 38 (with 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.

R. v. Sidhu, 2023 BCPC 77 (with 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.

Law Society of British Columbia v. Pelletier, 2023 LSBC 03R (with 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.

Minchin v. Movsessian, 2023 BCSC 144 (with Rebecca Robb and Susan Humphrey): 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 Susan Humphrey): 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.

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.

News

August 2024

We are thrilled to share the news that William B. Smart, K.C., has once again earned a prestigious spot in The Best Lawyers in Canada (2025 Edition). With a distinguished career that has been recognized since 2006, William’s exceptional work in Administrative and Public Law, as well as Criminal Defence, has set him apart in the legal profession. This continued recognition is a testament to his unwavering commitment to excellence and his significant contributions to justice and legal practice. Congratulations, William, on this well-deserved accolade!

May 2024

HLC is delighted to announce its continued recognition as "Highly Recommended" in Benchmark Canada 2024. This acknowledgment highlights the exceptional expertise and dedication of our legal professionals. Congratulations to William B. Smart, K.C. for his well-deserved recognition as a "Litigation Stars" by Benchmark.

January 2024

HLC congratulates Bill Smart, K.C. for his recognition in the 2024 Chambers & Partners directory, showcasing his contributions to the field of Crime (Nationwide).

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

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.

August 2023

William Smart, K.C. is recognized by Best Lawyers® in Canada (2024 Edition) for his work in Criminal Defence, Administrative and Public Law.

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.

April 2023

Hunter Litigation Chambers is proud to continue to receive the highest ranking of “Highly Recommended” in Benchmark Canada 2023. This is a testament to the talent and hard work of our individual lawyers, three of whom have been ranked as “Litigation Stars” by Benchmark. Congratulations to Bill Smart K.C., Randy Kaardal, K.C. and Claire Hunter, K.C.

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.

August 2022

Best Lawyers in Canada™ has released the 2023 edition of its publication and Bill Smart, Q.C. is recognized for his work in Criminal Defence and Administrative and Public Law.

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.

April 2022

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.

August 2021

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.

March 2021

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.

June 2020

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.

April 2020

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.

October 2019

On October 10 and 15, 2019, Bill Smart Q.C. and Claire Hunter Q.C. 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.

March 2019

Benchmark Canada has released its 2019 Attorney rankings and again Bill Smart, Q.C. is recognized as a litigation star.

December 2018

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 Q.C., Michael Stephens, Brent Olthuis and Claire Hunter.

August 2018

The Best Lawyers in Canada (2019 Edition) recognized Bill Smart for Criminal Defence.

August 2018

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.

May 2018

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.

November 2017

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.

August 2017

The Best Lawyers in Canada (2018 Edition) recognized William Smart for Criminal Defense.

March 2017

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.