In Pacific Booker Minerals Inc. v. British Columbia, BCSC 2258, released December 9, the British Columbia Supreme Court set aside a refusal by the BC Government to approve a copper/gold and molybdenum mine near Morrison Lake BC. The company’s application must now be reconsidered by the Government on terms set out in the decision. John Hunter represented Pacific Booker Mines in this successful judicial review application.
John Hunter successfully defended an application for security for costs brought by Laura Robinson against the firm’s client John Furlong. The Oral Reasons for Judgment are here.
Ken McEwan and John Hunter were recognized by Lexpert as leading corporate-commercial practitioners in that company’s 2013 Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada. Brent Olthuis was identified as one of Lexpert’s “US/Canada Cross-Border Litigation Lawyers to Watch.”
We are very pleased to announce that Claire Hunter and Gib van Ert have accepted our invitation to become Counsel with the firm. They will join Bill Berardino, John Hunter, Ken McEwan, Randy Kaardal, Michael Stephens, Mark Oulton, Brent Johnston and Brent Olthuis in that capacity with the firm. Congratulations to both!
John Hunter, Brent Olthuis and Claire Hunter appeared in the Supreme Court of Canada on the Senate Reform Reference the week of November 12. The Reference concerned the interpretation of the constitutional amending formula in respect to reform of the Senate. Mr. Hunter was appointed amicus curiae to the Court, along with Daniel Jutras, Dean of Law at McGill Law School.
Gib van Ert participated as a panellist at the annual Canadian Council of International Law conference in Ottawa on 14-16 November. He spoke on the topics "La création pluraliste du droit international contemporain" and "Domestic Implementation of International Law".
On November 1, Mark Oulton served as a faculty member for the Continuing Legal Education Society of British Columbia's course entitled "Suing and Defending the Government 2013". Mark spoke as part of a panel on "Remedies in Government Litigation", dealing with the Doctrine of Collateral Attack.
On October 31, the Supreme Court of Canada released its long-awaited judgment in Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2013 SCC 58. Ken McEwan and Eileen Patel represented Cargill, and successfully opposed certification of a class action against Cargill by indirect purchasers of the product.
Gib van Ert has been invited to join the faculty of the Philippe Kirsch Institute. The Philippe Kirsch Institute offers specialized continuing legal education in the areas of criminal, civil, immigration, human rights, and international law. Other faculty members of the Institute include three former Supreme Court of Canada justices (Hon. Ian Binnie, Hon. Frank Iacobucci, and Hon. Michel Bastarache), leading Canadian legal academics, and well-known Canadian litigation counsel.
On October 22, Gib van Ert participated on a discussion panel on international law and its impact on Canadian law at the University of New Brunswick Faculty of Law, in conjunction with the faculty's annual Viscount Bennett Memorial Lecture Series. This year's lecturer is Mr. Justice LeBel of the Supreme Court of Canada.
Randy Kaardal has been appointed a director of the Delta Hospital Foundation.
Bill Berardino and John Hunter have been recognized in Who’s Who Legal: Canada 2013 in the field of Commercial Litigation.
We are very pleased to welcome Bill Smart, QC who has joined the firm effective September 1, 2013. Bill is one of the leading criminal and regulatory defence lawyers in British Columbia. He is a fellow of both the American College of Trial Lawyers and the International Society of Barristers and is a regular contributor to professional development seminars on criminal law.
Claire Hunter has been appointed Chair of the Canadian Bar Association’s national Pro Bono Committee. Earlier this year, Claire was awarded the Allan Parker QC Award for Representation Services from Access Pro Bono British Columbia.
Greg Allen has successfully challenged an Indian Band’s electoral rules that discriminated against off-reserve Band members. He brought a judicial review application in Federal Court based on section 15 of the Charter of Rights and Freedoms: Joseph v Dzawada’enuxw First Nation, 2013 FC 974.
On September 28, John Hunter presented a paper on "Professional Education and the Modern Law School" at the conference on "The Future of Law School" hosted by the Faculty of Law at the University of Alberta in connection with the centenary of that law school.
The 2014 edition of Best Lawyers in Canada has been published and once again lawyers from Hunter Litigation Chambers have been recognized in a wide range of areas, including Bet-the-Company Litigation (Bill Berardino and John Hunter), Corporate and Commercial Litigation (Bill Berardino, John Hunter, and Ken McEwan), Labour and Employment Law (Randy Kaardal), Natural Resources Law (John Hunter), Class Action Litigation (Bill Berardino and Ken McEwan), Director and Officer Liability (Bill Berardino), Administrative and Public Law (John Hunter and Randy Kaardal), Product Liability (Bill Berardino), Securities Law (Bill Berardino and Ken McEwan), Aboriginal law (John Hunter), Personal Injury Litigation (Bill Berardino) and Legal Malpractice Law (Bill Berardino). The firm was “top-listed in British Columbia” in Bet-the-Company Litigation and Administrative and Public Law. In addition, Ken McEwan was named Best Lawyers’ 2014 Vancouver Class Action Litigation Lawyer of the Year, and Bill Berardino the Director and Officer Liability Lawyer of the Year.
Ken McEwan acted as moderator of a panel addressing the topic "Myth or Reality – Can Arbitration be More Efficient and Cost Effective than the Courts?" at a forum sponsored by the British Columbia Arbitration and Mediation Institute
John Hunter and Claire Hunter acted for the successful respondents on an appeal from an injunction prohibiting interference with the purchaser’s use of assets purchased from a receivership. The Court of Appeal’s Reasons for Judgment in Tangerine Financial Products Limited Partnership v. Sutherland, 2013 BCCA 283, are available here.
Claire Hunter has received the Allan Parker QC Award for Representation Services from Access Pro Bono for her tireless pro bono work on several cases in 2012 involving parental rights, democratic participation, the right to housing and the right to essential benefits for a disabled person. Claire was also recognized for assisting Access Pro Bono to refine and improve its Civil Chambers Program to better serve low- and modest-income Supreme Court and Court of Appeal litigants.
Ken McEwan was a panellist at the Canadian Bar Association Competition Law Spring Forum speaking on the topics of class actions and private enforcement in Canada. Ken also chaired a users panel at a conference of the Western Canada Commercial Arbitration Society held in Calgary, Alberta.
Brent Johnston served as a faculty member for the Continuing Legal Education Society of British Columbia's course titled "Torts 2013" held on May 23, 2013. Brent, with the assistance of Eileen Patel, prepared and presented a paper titled "Fiduciary Duties and Public Authorities Two Years After Alberta v. Elder Advocates Society of Alberta: Where are we now?"
Ken McEwan chaired a panel on current issues in competition law class actions at the 10 National Symposium on Class Actions Toronto, Ontario.
The British Columbia Court of Appeal has dismissed the appeal of the Federal Government from a decision continuing the exemption of the legal profession from the record-keeping and reporting requirements of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. In doing so, the Court recognized the independence of the bar as a principle of fundamental justice in our constitutional structure. The challenge to this federal legislation was brought by the Federation of Law Societies of Canada on behalf of all Canada’s law societies. John Hunter represented the Federation in this appeal.
Benchmark Canada, a third party directory that describes itself as “the Definitive Guide to Canada’s Leading Litigation Firms and Attorneys” has released its 2013 edition and again Hunter Litigation Chambers is listed in the top category for British Columbia. The Guide identifies Michael Stephens, Randy Kaardal, Ken McEwan, John Hunter and Bill Berardino as "Local Litigation Stars" and Brent Olthuis as one of BC's "Future Stars".
Michael Stephens and John Hunter appeared in the Supreme Court of Canada on the issue of whether an arbitrator in British Columbia has the power to include compound interest in an award setting compensation for a statutory taking.
The 2013 Chambers Guide as been published and Hunter Litigation Chambers continues as one of only four firms listed on the top tier in British Columbia for Dispute Resolution. Bill Berardino (described in Chambers as “one of the greatest trial lawyers in the history of the province”), John Hunter and Ken McEwan are all recognized as leading counsel in this field.
Ken McEwan and David McEwan successfully defended an action under a price adjustment clause in a contract for purchase and sale of development property in Surrey: Vanzanten v Brownstone Adera Projects Ltd
Ken McEwan was quoted in the press as counsel for the developer of the Hotel Georgia in a dispute with purchasers including former prime minister Kim Campbell: Read more
Ken McEwan has been
British Columbia Litigator of the Year by
Benchmark Canada at its annual awards dinner in Toronto. Ken was
also a finalist in the national categories for Class Action
Litigator and Competition Litigator of the Year.
Mark Oulton, Stephanie McHugh and Greg Allen successfully appealed an injunction granted on behalf of a First Nation against Canadian Forest Products based on a dispute over the validity of Canfor's cutting permit: Canadian Forest Products Ltd. v. Sam, 2013 BCCA 58
Gib van Ert represented the British Columbia Civil Liberties Association in the Supreme Court of Canada in a case concerning the constitutional right of Canadian citizens to enter Canada.
John Hunter has been appointed amicus curiae (friend of the court) by the Supreme Court of Canada for the Senate Reference in which the Government of Canada has asked the Supreme Court for its opinion on various questions relating to reform of the Senate.
Claire Hunter has published her paper on "The Impact of Pro Bono Counsel on Awards of Party-and Party Costs in Civil Litigation" in Volume 71 of The Advocate, pages 23-33.
John Hunter represented the Federation of Law Societies of Canada in the Supreme Court of Canada in a case concerning the scope of a lawyer's obligation not to act against the interests of a current client.
Ken McEwan and John Hunter have been recognized as leading practitioners in Corporate Commercial Litigation in the 2013 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada.