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December 2021

The Law Society of B.C. has appointed Claire Hunter Q.C. to the Board of Governors of the Law Foundation of B.C. for a 3 year term commencing January 1, 2022.

November 2021

Hunter Litigation Chambers is honored and grateful to be included in the Dispute Resolution category of Canada’s Best Law Firms by the Globe & Mail. The list was created based upon feedback from almost 20,000 lawyers, in-house counsel and legal executives throughout the legal and business communities. We have always believed we have an extremely talented team at HLC, and clearly our clients and colleagues at the bar agree. Thank you for the confidence you have placed in us.

On November 22, Claire Hunter Q.C. and Julia Roos presented at CLEBC’s Appellate Practice 2021 program. Claire was co-chair of the session and presented on chambers practice and Julia Roos spoke on a panel entitled “New to Appeals – A Primer”.

Aubin Calvert was a speaker at the Administrative Law Conference 2021 hosted by the Continuing Legal Education Society of British Columbia. She presented on administrative tribunals and s. 96 of the Constitution.

Chambers Canada has published a Practice Area Overview authored by Mark Oulton and Nicole Gilewicz describing current issues facing the forest sector and legal practice in that area. A copy of the article can be found here.

Mark Oulton, Brian Duong and Simone Penney successfully defended a leave application from an order of the Court of Appeal dismissing a challenge brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision dismissing the leave application can be found here.

We are pleased to announce that Monique Evans has joined HLC as an Associate. Monique joins us from a national firm, and will continue to develop her practice in transportation law and commercial and civil litigation.

Ryan Dalziel Q.C. and Maryanna Dinh successfully represented a plaintiff in her appeal of a trial judge’s assessment of non-pecuniary damages, future costs of care and loss of future earning capacity following a motor vehicle collision. The appeal reaffirmed the proper principles and approach to assessing future damages in the presence or absence of a pre-existing condition. A copy of the decision can be found here.

On November 9, 2021, Rebecca Robb, together with Rebecca McConchie of Peck & Company, co-presented on “Communicating with your Expert Witness” as part of the Making the Most of Expert Evidence presentation series organized by the Trial Lawyers Association of BC.

October 2021

On October 21, 2021, Aubin Calvert was interviewed on CBC News Network about City of Nelson v. Marchi, a decision of the Supreme Court of Canada on the scope of liability in negligence of public authorities.

On October 14, 2021, Diana Sepúlveda will be a panelist in the inaugural event of the Canadian Hispanic Bar Association, UOttawa chapter. This event is aimed at promoting diversity, self-identification, and fostering a sense of community and advocacy for Hispanic and Latin American/Latinx-Identifying law school students and staff. More information and event registration available here.

On October 6, 2021, Claire Hunter Q.C. and Diana Sepúlveda, together with Kate Feeney and Kim Hawkins, obtained leave to intervene at the Supreme Court of Canada, representing West Coast LEAF and Rise Women’s Legal Centre. This is an important appeal dealing with important issues of evidence law and family violence.

Hunter Litigation Chambers lawyers Claire Hunter Q.C. and Caitlin Ehman, together with Adrienne Smith of Adrienne Smith Law successfully represented a youth referred to as R.A.S.J. in opposing a last-minute injunction brought by R.A.S.J.’s mother to prevent him from obtaining the gender affirming surgery scheduled to be performed the morning after the application was heard. Madam Justice Brown dismissed the application for failure to meet any of the three necessary branches of the RJR-McDonald test in reasons available here.

September 2021

Hunter Litigation Chambers

Hunter Litigation Chambers has been recognized once again in Chambers Canada 2022 for its work in General Commercial Litigation (BC) and Agribusiness: Forestry (Nationwide). Individual Counsel have also been recognized as follows:

Aubin Calvert is co-teaching an upper year seminar on “conflict of laws” at the Peter A Allard School of Law this term.

CBABC has re-appointed Claire Hunter Q.C. to sit on the Advisory Committee to the Judicial Council of BC. Claire has also been appointed to CBABC’s Court Services Committee.

Hunter Litigation Chambers is gratified that both the firm and Randy Kaardal, Q.C. are prominently featured in the September 2021 edition of In-House Lawyer. The article highlights that HLC was voted one of the 2020/21 Top 10 Litigation Boutiques in Canada by Canadian Lawyer readers.

August 2021

Best Lawyers Award Badge

Best Lawyers in Canada™ has released the 2022 edition of its publication, and eight of the firm’s lawyers have been recognized.

  • Bill Smart, Q.C. is recognized for his work in Criminal Defence and Administrative and Public Law.
  • Randy Kaardal, Q.C. is recognized in five areas: Administrative and Public Law, Alternative Dispute Resolution, Appellate Practice, Corporate and Commercial Litigation, and Labour and Employment Law.
  • Claire Hunter Q.C. is recognized in four areas: Administrative and Public Law, Appellate Practice, Class Action Litigation and Corporate and Commercial Litigation.
  • Ryan Dalziel, Q.C., is recognized in four areas: Aboriginal Law, Administrative and Public Law, Appellate Practice and Corporate and Commercial Litigation.
  • Mike Stephens is recognized in three areas: Administrative and Public Law, Alternative Dispute Resolution and Corporate and Commercial Litigation.
  • Mark Oulton is recognized in three areas: Administrative and Public Law, Corporate and Commercial Litigation, and Natural Resources Law.
  • Brent Olthuis is recognized in four areas: Aboriginal Law, Administrative and Public Law, Appellate Practice and Corporate and Commercial Litigation.
  • Paul Heisler is recognized for his work in Labour and Employment Law, and Administrative and Public Law.

Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Congratulations to all of HLC’s listed counsel on this well-deserved recognition.

Claire Hunter Q.C. was counsel to two SFU faculty members on a successful application by the university to dismiss a claim by a former student.


Paisley Irregulars Essay Competition in Negligence Law

The Paisley Irregulars Essay Competition in Negligence Law was established in recognition of the Honourable Martin R. Taylor Q.C. former Justice of the British Columbia Court of Appeal and Supreme Court, Cayman Island Court of Appeal and Associate Counsel at Hunter Litigation Chambers. Mr. Taylor led the Canadian Bar Association’s 1990 Conference on the Law of Negligence (aka “The Pilgrimage to Paisley”), commemorating the House of Lords judgment in Donoghue v. Stevenson, [1932] AC 562 (HL), which established the duty of care principle in AngloCanadian negligence law. Mr. Taylor also spoke at the 2012 Paisley Snail Conference commemorating the 80th anniversary of the judgment. Interested law students, articling students and judicial law clerks can find the full competition rules here.

Benchmark

The firm congratulates Claire Hunter Q.C. for her selection by Benchmark Litigation as one of the Top 50 Women in Litigation in its annual publication. This is the second year in a row that Claire has been selected for this national award that recognizes her skills as a litigator as well the many significant matters in which she is lead counsel.

Alexander Bjornson acted for the respondent on an application where the opposing party applied for access to court recordings for the purposes of creating unofficial transcripts and for compensation if he provided the transcripts to the respondent. The application was dismissed. Reasons for judgment are available here.

Randy Kaardal, Q.C., Paul Heisler, and Caitlin Ehman successfully represented the Executive Director of the Securities Commission in a stated case referred to the Supreme Court by the Attorney General of British Columbia, in which Madam Justice Jackson upheld the constitutionality of the Security Commission’s power to freeze assets. A copy of that decision is here.

Trevor Bant and Maryanna Dinh successfully defended an appeal from an order that an interim distribution of family property be paid to the respondent and, if necessary, real property subject to the beneficial interest of a third party be sold to enforce the interim distribution order. A copy of the decision can be found here.

July 2021

Claire Hunter Q.C. is counsel to Jamieson Laboratories Ltd in a proposed class action relating to labeling of glucosamine sulfate products. In reasons for judgment available here, a class action was certified against some defendants but the application against Jamieson was adjourned to permit plaintiffs to file additional evidence.

Brent Olthuis represented a BC society in a statutory appeal of a decision by the Minister of National Revenue. The Minister had refused the client’s application for registration as a “Canadian amateur athletic association” under the Income Tax Act. The Federal Court of Appeal allowed the appeal and remitted the matter to the Minister to reconsider in light of the governing legal principles. The reasons for judgment in the case and its companion case are available here and here.

HLC is pleased to announce that Rebecca J. Robb has become Counsel of the firm. Rebecca articled with the firm and joined the firm as an associate in 2014. She will continue to grow her practice in the areas of commercial and corporate litigation and regulatory, administrative and criminal law. Congratulations to Rebecca on assuming her new role and responsibilities within the firm; we look forward to many more years of successful collaboration.

June 2021

Mark Oulton, Brian Duong and Simone Penney successfully defended an appeal from an order dismissing an application for judicial review brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision can be found here.

Claire Hunter Q.C., Alexander Bjornson, and Aubin Calvert were successful in opposing an application for leave to the Supreme Court of Canada. The applicant shareholder had sought leave to appeal a decision of the BC Court of Appeal where the Court had upheld a previous dismissal of that shareholder’s petition to commence a derivative action against the respondent mining company. Hunter Litigation Chambers represented the mining company in the application. Reasons for judgment can be found here.

Brent Olthuis and Caitlin Ehman obtained summary judgment, dismissing the entirety of the plaintiffs’ claims against their client. The court agreed with their submissions that the claim was bound to fail, and that “estoppel by representation” was a rule of evidence, not a basis to sue. A copy of the court’s reasons can be found here.

May 2021

Claire Hunter Q.C. and Stacey Waterman were successful in obtaining dismissal of an application for special costs against a solicitor personally in a family matter. The reasons for judgment are available here.

We are pleased to announce that Randy Kaardal, Q.C. has been appointed Barrister, Order of Veritas by the Litigation Counsel of America. Randy has been a Fellow of the Counsel since 2018, and is a member of their Trial Law Institute and their Diversity Law Institute. Admission to the Trial Law Institute is by invitation only and is limited to just one percent of the bar. Its members are held to the highest ethical standards and their purpose is to promote professionalism, ethics and civility in all aspects of the practice of law.

Hunter Litigation Chambers is pleased to announce that Claire Hunter Q.C. and Randy Kaardal, Q.C. have been shortlisted by Benchmark Litigation Canada Awards 2021: Claire in the category of British Columbia Litigator of the Year and Randy in the category Labor & Employment Litigator of the Year. The winners will be announced at the virtual awards ceremony on May 12, 2021.

April 2021

Canadian Legal Lexpert Directory Hunter Litigation Chambers has again been ranked in the Canadian Legal Lexpert Directory 2021 in the areas of Litigation-Corporate Commercial and Forestry Law. Four of our Counsel have been again recognized in various practice areas: Randy Kaardal, Q.C. (Employment), Claire Hunter, Q.C. (Corp/Comm Litigation), Mark Oulton (Forestry Law), and Ryan Dalziel Q.C. (Corp/Comm Litigation and Regulatory & Public Law). In addition, Trevor Bant has been named a Leading Lawyer to Watch in the area of Regulatory & Public Law. The Lexpert Directory is the product of a comprehensive annual peer survey, the selected lawyers being acknowledged as leaders in their respective fields. Congratulations to all for this well-earned recognition.

On April 6-7, 2021, Claire Hunter Q.C. and Trevor Bant were faculty in CLEBC’s Civil Litigation Basics 2021. Claire participated in a demonstration of a mareva injunction application and Trevor participated in a demonstration of examination and cross examination at trial.

On April 13, 2021, Claire Hunter Q.C. and BC Court of Appeal Registrar Outerbridge gave a presentation to on Court of Appeal chambers practice for Access Pro Bono volunteer lawyers.

On April 20, 2021, Claire Hunter Q.C. was a panellist on the CBA national program “Remote Appellate Advocacy: Best Practices for Virtual Appearances”.

Claire Hunter Q.C. and Brent Olthuis have jointed the BC roster of the Supreme Court Advocacy Institute. The Institute allows lawyers appearing before the Supreme Court of Canada to conduct an pre-hearing “moot” of their argument in front of senior appellate counsel, and obtain feedback from that counsel. The Institute was set up in 2007 by the Honourable Frank Iacobucci, for whom both Claire and Brent clerked, and other lawyers. Aubin Calvert is also involved with the Institute, with responsibility for co-ordinating BC sessions.

The Supreme Court of Canada cited Brent Olthuis’ article “The Constitution’s Peoples” in its judgment R v Desautel, 2021 SCC 17. The Desautel case concerned the right of a US citizen and resident who was hunting in BC to assert an Aboriginal rights traced through his ancestors.

Brent Olthuis, with Kaitlyn Chewka of Lovett Westmacott, delivered tips on “Presenting Your Argument” for CLEBC’s Fundamentals of Judicial Review 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.

March 2021

Brent Olthuis demonstrated cross-examination techniques for on-line proceedings in The Advocates’ Society’s programme “Cross Examination: Strategies for Success”.

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.

Brent Olthuis participated as a skills instructor for The Advocates’ Society’s Motions Advocacy professional development programme.

February 2021

Who’s Who Legal Canada has recognized Randy Kaardal, QC, for his work in Labour, Employment and Benefits.

Claire Hunter Q.C. and Caitlin Ehman were successful in obtaining a discretionary publication ban over the identity of a defendant in a civil action.

Claire Hunter Q.C. and Ryan Dalziel Q.C. were counsel to the BC Chicken Marketing Board in a successful appeal from a decision allowing judicial review of a decision of the Farm Industry Review Board that had summarily dismissed an administrative appeal from a decision of the BC Chicken Marketing Board. The BC Court of Appeal’s reasons are available here.

Brent Olthuis and Trevor Bant continue to represent the City of Richmond defending a claim asserting Aboriginal title to lands on the South Arm of the Fraser River. The trial has now been proceeding for over 200 days. The plaintiffs recently applied to have the court admit certain documents as evidence, in the absence of a witness. A copy of the court’s ruling can be found here.

January 2021

Claire Hunter Q.C. and Matthew Milne-Smith of Davies Ward Phillips & Vineberg LLP obtained dismissal of an appeal of approval of a plan of arrangement of a cannabis company for a private equity firm in iAnthus Capital Holdings, Inc. v. Walmer Capital Limited.

Brent Olthuis and Trevor Bant represented the College of Physicians and Surgeons of BC in a matter involving proof of the most substantial and extensive example of unlicensed practice of medicine in the province. In the result, the court found the unlicensed person guilty of contempt of court, and imposed a penalty including a six-month custodial sentence and a $15,000 fine. A copy of the court’s reasons can be found here.

Mark Oulton and Brian Duong successfully obtained an order of certiorari staying a stop work order and a declaration that several municipal bylaws were inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries. A copy of the decision can be found here.

In a related matter decided in November 2020 for which reasons were just released, Mark Oulton and Brian Duong successfully defended a judicial review brought by a local community association of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision can be found here.

Claire Hunter, QC and Adrienne Smith are counsel to a youth referred to as YZ whose mother had obtained an ex parte injunction to stop him from obtaining gender affirming chest surgery. On January 18, 2021 the BC Supreme Court struck the mother’s claim as an abuse of process in reasons available here. Hunter Litigation Chambers associate Diana Sepulveda assisted in preparing for the application. Media coverage of the decision is available here and here.

For the second year in a row, Brent Olthuis presented as a guest lecturer for the third year class of Thompson Rivers University’s Faculty of Law. Brent presented his thoughts on case planning and developing the theory of a case.