News

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.

November 2022

Canadian Lawyer magazine has once again identified Hunter Litigation Chambers as one of the top ten litigation boutiques in Canada. This marks the seventh time in a row the magazine has given HLC this distinction, and speaks to the firm’s depth of talent and ability to develop top tier litigation counsel. We are very proud of this achievement and thank our clients for their trust and confidence over the years.

Brian Duong, and Simone Penney represented franchisor Garcha Bros. Meat Shop in successfully obtaining a declaration of contempt of court against defendants acting in contravention of an interim injunction prohibiting the operation of a retail butcher business at the former franchise location, together with fines totalling $25,000, an order of special costs, and a further order prohibiting certain of the defendants from being within 500m of the former franchise location. Monique Evans assisted in the preparation of the materials for the application. A copy of the decision can be found here.

Hunter Litigation Chambers has again been included in the Dispute Resolution category of Canada’s Best Law Firms by the Globe & Mail’s Report on Business. The list was created based upon feedback from almost 25,000 lawyers, as well as in-house counsel and legal executives throughout the legal and business communities. We are proud of the talented team at HLC, and clearly our clients and colleagues at the bar share our confidence. Our thanks to all who supported HLC in the survey and interview process.

October 2022

Claire Hunter, K.C. and Monique Evans successfully defended an appeal from an order denying a party’s attempt to include allegations of communications at a without prejudice meeting in his amended pleading. The Court confirms that unless settlement privilege has been waived or an exception to privilege applies in the circumstances, matters that are subject to settlement privilege should not be pleaded or the subject of discovery prior to trial. The reasons for judgment are available here.

HLC congratulates Randal Kaardal, K.C., for being named among the “Leading” Employment Lawyers in British Columbia, in the category of Employer Representation, in the 2022 edition of Doyles.

September 2022

Hunter Litigation Chambers has been recognized once again in Chambers Canada 2023 for its work in General Commercial Litigation (BC) and Agribusiness: Forestry (Nationwide). Individual Counsel have also been recognized as follows:

• Agribusiness: Forestry (Nationwide): Mark Oulton
• Administrative & Public Law (BC): Claire Hunter, K.C.
• General Commercial Litigation (BC): Randal Kaardal, K.C.
• Transportation: Rail & Road (Nationwide): Monique Evans

August 2022

Best Lawyers in Canada™ has released the 2023 edition of its publication, and six 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 three areas: Administrative and Public Law, Appellate Practice and Corporate and Commercial Litigation.
• Mark Oulton is recognized in three areas: Administrative and Public Law, Corporate and Commercial Litigation, and Natural Resources Law.
• Paul Heisler is recognized for his work in Labour and Employment Law.
• Julia Roos is newly recognized in the Best Lawyers’ “Ones to Watch” category.

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.

Amanda Richards successfully represented her client in an application set aside a default judgment originally obtained by the respondent bank. Justice Hughes determined that a “failure to set aside the default judgment in these circumstances would result in a grossly unfair outcome and thereby give rise to a miscarriage of justice”. The Court ordered the funds garnished from the client to be returned, that the respondent was not entitled to any of its costs in respect of the default judgment, and granted her client leave to file a response to civil claim. The reasons for judgment in Royal Bank of Canada v Rose, 2022 BCSC 1472 can be found here.

July 2022

Brian Duong was featured in the spring 2022 issue of Advocacy Matters published by The Advocates’ Society. The article can be found here.

June 2022

Randy Kaardal, Q.C., Julia Roos and Maryanna Dinh, acting on behalf of a major forest company, successfully defended an appeal from an order dismissing the defendants’ summary trial application and declaring that a series of fires did not discharge the defendants’ obligations under a force majeure clause in the subject contract nor frustrate the contract, in a case that has attracted national media attention. A copy of the decision can be found here.

Claire Hunter, Q.C. and Maryanna Dinh, on behalf of their clients, successfully stayed legal proceedings brought by a corporate plaintiff on the basis that the proceedings were not authorized by its board of directors and leave of the Court to commence a derivative action was not obtained. The decision clarifies the principles relating to the implied authority of an individual to commence legal proceedings in the name of a company. A copy of the decision can be found here.

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.

May 2022

Susan Humphrey successfully defended an appeal from an order finding there had been no material change in circumstances to justify a fresh analysis of the consent parenting schedule the appellant father sought to vary. Kelly Firth assisted in the preparation of the materials for the appeal. A copy of the decision can be found here.

A Hunter Litigation Chambers team led by Claire Hunter, Q.C., with the assistance of associates Simone Penney, Maryanna Dinh, Susan Humphrey and Nathan Wells following a 4-day hearing obtained a judgment setting aside an ex parte Mareva injunction against our client.

Claire Hunter, Q.C. and Ryan Androsoff successfully appealed an order striking parts and staying others of a notice of civil claim in an action for misfeasance in public office. The reasons for judgment in Myers v. Canada (Attorney General), 2022 BCCA 160 are available here.

April 2022

HLC is pleased to continue to receive the highest ranking of “Highly Recommended” in Benchmark Canada 2022. This is a testament to the talent and hard work of our individual lawyers, four of whom have been ranked as “Litigation Stars” by Benchmark. Congratulations to Bill Smart Q.C., Randy Kaardal, Q.C., Claire Hunter, Q.C. and Mark Oulton.

On April 29,  Claire Hunter, Q.C., was a panelist at the 18th National Symposium on Class Actions put on by Osgoode Hall Law School Professional Development. Claire presented on current issues in class action practice in British Columbia on the “Cross Country Check-up” panel.

Claire Hunter, Q.C. led a team including Hunter Litigation Chambers associates Susan Humphrey, Amanda Richards and Stacey Waterman and co-counsel Nicholas Isaac representing Her Majesty the Queen in Right of the Province of British Columbia and the Minister of Education of the Province of British Columbia in a successful motion to strike a number of paragraphs of the notice of civil claim filed by the Conseil scolaire francophone de la Colombie-Britannique. Justice Gomery’s reasons for judgment are available here.

March 2022

HLC congratulates Randy Kaardal, Q.C. and Claire Hunter, Q.C. and their fellow nominees on being shortlisted by Benchmark Canada for, respectively, 2022 Labor & Employment Litigator of the Year and 2022 Litigator of the Year (BC). The full list of nominations can be found here.

HLC congratulates Amanda Richards on being awarded the 2021 Courage in Law Award for 2021 by the UBC Indigenous Law Students Association. The annual Courage in Law Award was created by the Association to recognize distinguished professional or academic accomplishments relating to courageous leadership and outstanding service. Recipients of the award are champions who display the highest ideals of the legal community in respect of the advancement of legal services for Indigenous peoples and fostering diversity within the legal profession.

On March 4, 2022, Rebecca Robb presented on a panel “If I Knew then what I Know Now” with Peter Senkpiel of Nathanson, Schachter & Thompson LLP and Allison Wolf of Shift Works Strategic Inc., with Joel Morris of Harper Grey as Moderator, for the CLEBC Course How to Be a Great Junior Litigator 2022.

February 2022

Hunter Litigation Chambers has again been ranked in Lexpert Canada Directory 2022. This year we are honoured to be included in the directory’s highest category of Most Frequently Recommended for our work in Litigation-Corporate Commercial and Repeatedly Recommended for Forestry Law. In addition, three of our counsel are recognized by Canadian Legal Lexpert for their contributions: Randy Kaardal, Q.C. (Employment, Corp/Comm Litigation and Labour Law), Claire Hunter, Q.C., (Corp/Comm Litigation) and Mark Oulton (Forestry Law).

The identification of leading practitioners and firms is based upon a comprehensive annual survey, ongoing since 1994. The selected lawyers have been recommended by their law firm leaders. They are acknowledged as leaders in their respective fields, lawyers prominent in their practice areas and professional organizations, and professionals worthy of significant recognition from their colleagues. Congratulations to all for this well-earned recognition.

Hunter Litigation Chambers is proud to announce that Michael Stephens has been appointed Justice of the Supreme Court of British Columbia.

Michael was one of the founding members of Hunter Litigation Chambers in 2006. During his tenure with the firm he became recognized as one of the Province’s leading litigators, handling high profile matters across diverse industries. While we will miss his collegiality and thoughtful judgment, we will long benefit from Michael’s mentorship of the next generation of leading advocates.

All of us congratulate Michael on his appointment knowing that the people of British Columbia are fortunate to have a person of such character and dedication become a justice of the B.C. Supreme Court.

Brian Duong and Julia Roos represented franchisor Garcha Bros. Meat Shop in successfully defending the appeal of a Supreme Court interim injunction order enjoining a former franchisee, their principals and non-parties to the franchise agreement from the operation of a retail butcher business at the former franchise location. Simone Penney assisted in the preparation of the materials for the appeal. A copy of the decision can be found here.

Claire Hunter, Q.C., and Monique Evans were successful on behalf of our single purpose real estate holding company client in resisting pleadings amendments on the basis of settlement privilege. Master Vos’ reasons for judgment are available here.

January 2022

Claire Hunter, Q.C., and Nicole Gilewicz successfully represented Carol Todd, the mother of Amanda Todd, and the Amanda Todd Legacy Society (“ATLS”) in a constitutional challenge to s. 486.4(3) of the Criminal Code, which imposed a mandatory publication ban on any information that would identify Amanda Todd in criminal proceedings against the man accused of exploiting her online. The provision, which precluded publication, broadcast or transmission of any information that could identify a young person who was either a witness in a proceeding involving child pornography charges or the subject of child pornography, was struck down as unconstitutional by the Honourable Justice Devlin of the B.C. Supreme Court on January 10, 2022 on an immediate and prospective basis. Carol Todd and ATLS were further granted a constitutional exemption from the publication ban as it applied to Amanda’s identity in the ongoing criminal case. The reasons for judgment striking down the ban are subject to a further publication ban under the Criminal Code and are not currently publicly available. Some examples of media coverage of the decision are available here and here.

In Carol Todd’s words:

I am very pleased that the Court ruled today that the section of the Criminal Code that required the publication ban over Amanda’s name was unconstitutional and that the advocacy work based on her story will be able to continue in her legacy and in her memory.

It has always been the reaching goal of Amanda’s Legacy to be able to share her story (as she herself did with her YouTube video) in addition to providing prevention and awareness related to cyberbullying, digital safety and exploitation so that other children and families would be able to be informed and have strategies on how to reach out for support.

With this ruling today, we can continue to work together to create a safer online world for our children.

This matter was referred by the Access Pro Bono Society of British Columbia who provided disbursement coverage. Moira Aikenhead, a graduate student at the Peter A Allard School of Law, also provided research support.

Mark Oulton, Brian Duong and Simone Penney successfully defended an appeal to a Supreme Court order staying a municipality’s cease work order and declaring several of its bylaws inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries. The Court of Appeal maintained the stay of the cease work order and the declarations of inapplicability in respect of the land use bylaws, and amended the declarations with respect to the other bylaws to state that they are inapplicable to the extent that they prevent OK Industries from carrying out the activities authorized by the Mines Permit in accordance with the terms and conditions set out in the permit.

A copy of the decision can be found here.