Covid-19 Articles
BC’s Restart Plan - Information for Employers
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
Hunter Litigation Chambers is honored to be recognized in Canadian Lawyer Magazine’s seventh bi-annual Top Litigation Boutiques in Canada, Survey for 2024–25. This marks our seventh consecutive appearance on the list, reflecting our continued focus on high-quality litigation work and the strength of our team. We are grateful to our clients, colleagues, and the legal community for their recognition and confidence.
Brian Duong and Hayden Cook were counsel (along with David Wotherspoon of Wotherspoon Law) to Skycope Technologies Inc, an anti-drone technology company, in obtaining against the defendant an urgent Anton Piller Order (a form of civil search warrant) to seize and preserve the company’s confidential information and an order prohibiting disclosure of that information. The case has been reported on in the news media and can be found here.
Brian Duong has been appointed by the Canadian Bar Association, British Columbia Branch, as Vice Chair of the Advisory Committee to Judicial Council for a one year term. The Advisory Committee assists the Judicial Council of British Columbia to assess applicants for the Provincial Court Bench, by preparing confidential reports on applicants who apply for judicial positions with the Provincial Court.
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
Hunter Litigation Chambers is proud to announce its significant representation in the 2025 edition of The Best Lawyers® in Canada. This year, 10 of our lawyers have been recognized, reflecting their achievements, expertise, and contributions, as validated by the rigorous peer-review process conducted by Best Lawyers.
We are especially pleased to highlight Randy J. Kaardal, K.C., who has been honored as Vancouver’s “Lawyer of the Year” in Labour and Employment Law by Best Lawyers Canada. This prestigious award underscores Randy's deep knowledge, dedication, and unwavering commitment to excellence in serving our clients in complex employment law matters.
These accomplishments speak not only to the individual successes of our lawyers but also to the collective excellence of the Hunter Litigation Chambers team. Congratulations to all!
The Best Lawyers in Canada (2025 Edition)
- Brian Duong (Recognized in Best Lawyers since 2024)
- Administrative and Public Law
- Corporate and Commercial Litigation
- Paul Heisler (Recognized in Best Lawyers since 2021)
- Administrative and Public Law
- Corporate and Commercial Litigation
- Employee Benefits Law
- Labour and Employment Law
- Claire Hunter, K.C. (Recognized in Best Lawyers since 2020)
- Administrative and Public Law
- Appellate Practice
- Class Action Litigation
- Corporate and Commercial Litigation
- Randy J. Kaardal, K.C. (Recognized in Best Lawyers since 2006)
- Administrative and Public Law
- Alternative Dispute Resolution
- Appellate Practice
- Corporate and Commercial Litigation
- Labour and Employment Law
- Rebecca Robb (Recognized in Best Lawyers since 2024)
- Administrative and Public Law
- Corporate and Commercial Litigation
- William B. Smart, K.C. (Recognized in Best Lawyers since 2006)
- Administrative and Public Law
- Criminal Defence
Best Lawyers: Ones to Watch in Canada (2025 Edition)
- Aubin Calvert (Recognized in Best Lawyers: Ones to Watch in Canada since 2024)
- Administrative and Public Law
- Administrative and Public Law
- Caitlin Ehman (Recognized in Best Lawyers: Ones to Watch in Canada since 2024)
- Administrative and Public Law
- Labour and Employment Law
- Nicole Gilewicz (Recognized in Best Lawyers: Ones to Watch in Canada since 2025)
- Administrative and Public Law
- Administrative and Public Law
- Julia Roos (Recognized in Best Lawyers: Ones to Watch in Canada since 2023)
- Administrative and Public Law
- Corporate and Commercial Litigation
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.
July 2024
We are pleased to announce that John J.L. Hunter, K.C. has rejoined Hunter Litigation Chambers as Associate Counsel. One of the founders of the firm, Mr. Hunter practised commercial litigation and public law for forty years before his appointment to the Court of Appeal for British Columbia in 2017. In his new capacity, Mr. Hunter will provide support for the firm and its clients on complex trial and appellate matters, including both legal opinions and practical advice. He is also available to the profession as a commercial arbitrator and mediator.
We are delighted to announce that former Supreme Court of Canada Justice Russell Brown has joined our firm as Associate Counsel. He was formerly counsel in British Columbia and Alberta, and Professor and Associate Dean of Law at the University of Alberta before serving for over 10 years on the federal judiciary in Alberta and Ottawa. Mr. Brown will provide legal counsel and opinions in complex matters of private and public law, while working as a commercial arbitrator (domestic and international) and mediator.
June 2024
Rebecca Robb was a guest instructor at the annual CLE Winning Advocacy Skills Workshop. More information about this three-day workshop can be found here.
May 2024
We extend our warmest congratulations to Shannon Ramsay, K.C., on her appointment as the newest judicial alumna of Hunter Litigation Chambers. We applaud her remarkable achievement and wish her continued success in her career. The announcement is available here.
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 Shannon Ramsay, K.C.; Randy J. Kaardal, K.C.; William B. Smart, K.C.; and Claire Hunter, K.C. for their recognition as “Litigation Stars”. Congratulations also to Brian Duong and Paul Heisler for their recognition as “Future Stars”.
HLC is proud to announce that Claire Hunter, K.C., is nominated as Canada, British Columbia, Top 100 Women- Canada Top 50 Trial Lawyers in Bench Mark Canada 2024.
Claire Hunter, K.C. and Maryanna Dinh were successful on an application for summary trial to dismiss a misfeasance in public office claim against three individual defendants who acted as disciplinary hearing panel members at the former BC College of Teachers. The reasons for judgment are available here.
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.
Maryanna Dinh and Brian Duong were counsel for Victoria Teleport Corporation in successfully appealing a decision made by the Chief Gold Commissioner to cancel three mineral claims held by the company. The decision can be found here.
Brian Duong was co-counsel (with Dennis James Aitken) for the City of Surrey in successfully opposing an application by the Surrey Police Union to be added as a party or intervenor to the City’s petition proceeding. The City’s petition challenges 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. The decision can be found here.
Brian Duong co-chaired a continuing legal education session for the Advocates’ Society, “Advocacy Hour: Working with Financial Statements” on March 28, 2024. An overview and agenda of the program can be found here.
March 2024
Claire Hunter, K.C. and Aubin Calvert successfully applied to stay proceedings in British Columbia in favour of an alternative forum, the U.S. District Court for the Southern District of California, in a dispute involving the development and sale of supplemental type certificates for Twin Otter aircraft. The reasons for judgment are available here.
Hunter Litigation Chambers, maintains its prominent position in the Lexpert Canada Directory 2024, securing the Most Frequently Recommended status for outstanding achievements in Litigation-Corporate Commercial. Randy Kaardal, K.C. and Claire Hunter, K.C. have been individually acknowledged by Canadian Legal Lexpert for their expertise in Employment Law, Corporate Commercial Litigation, and Public Regulatory.
Aubin Calvert has been awarded the Adam Albright Adjunct Award for 2024. The award recognizes teaching excellence by an adjunct professor at the Peter A. Allard School of Law, where Aubin has taught conflict of laws since 2021. Recipients are selected by students to honour adjuncts who have had a significant impact on their legal education.
February 2024
Ryan Androsoff and Devin Eeg 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.
Brian Duong and articling student Austen Erhardt represented Hanif Ratanshi, Hanifs Foods Ltd. and Hanif’s International Foods Ltd. in successfully obtaining a pre-trial asset freezing order (also known as a Mareva injunction) against the defendants Guruji Foods Inc. and their principal. The reasons for judgment can be found here. This was the first reported decision for Austen Erhardt, who made significant submissions to the Court in the course of the three day hearing. We congratulate him on a great start to his career.
Brian Duong co-chaired the “Winter Summit: The Big Chill Ottawa”, a three day conference put on by The Advocates’ Society from February 1-3, 2024 for mid-career advocates. An overview and agenda of the program can be found here.
January 2024
Hunter Litigation has been recognized once again in Chambers Canada 2024 for its work in Litigation: General Commercial (BC) and Agribusiness: Forestry (Nationwide - Canada).
Lawyers Ranked:
- General Commercial Litigation (BC) : Randal Kaardal, K.C.
- Administrative & Public Law (BC) : Claire Hunter, K.C.
- Crime (Nationwide) : Bill Smart, K.C.
- Transportation: Rail & Road ( Nationwide) : Monique Evans
We are pleased to welcome Brian Duong as our newest shareholder in the firm, effective January 1, 2024. Brian has built a significant practice at the firm, with particular expertise in civil litigation and administrative law. His extensive experience, international exposure, and recognition in The Best Lawyers® in Canada make him a valuable addition. Here's to achieving new heights together.
Claire Hunter, K.C. and Chantelle van Wiltenburg (with drafting assistance from Paul Jon and articled student Elspeth Adhihetty) represented an Indigenous child protection agency and successfully petitioned to quash a decision of the BC Human Rights Tribunal. Below, the Tribunal had found that the agency discriminated against a parent and awarded $150,000 in compensation. The Court set aside the Tribunal’s decision, holding that the Tribunal’s process was unfair and that the Tribunal committed legal errors. The Court remitted the case to the Tribunal and directed that the agency be afforded an opportunity to apply to have the human rights complaint summarily dismissed.
Hunter Litigation Chambers is pleased and proud to announce the promotion of four Counsel to the firm: Aubin Calvert, Monique Evans, and Nicole Gilewicz, and Julia Roos. These appointments recognize the important contribution each of the new Counsel have made to the firm’s success, and going forward, their increased involvement in decisions concerning the operation and growth of the firm. Please join us in congratulating each of them on this significant and well-deserved achievement!