Litigation

Representative Work

• In 2010-2011, we represented a student organization when a provincial organization to which it was affiliated refused to seat our client’s representative on its Board of Directors. The position of our client was affirmed by the BC Court of Appeal in Kwantlen University College Student Association v Canadian Federation of Students, British Columbia Component, 2011 BCCA 133, aff'g 2010 BCSC 1951.

• We have represented several student societies concerning their attempts to disaffiliate from the Canadian Federation of Students. This has resulted in several victories before the courts, including in the cases University of Victoria Students’ Society v Canadian Federation of Students, 2011 BCSC 122 add’l proceedings, 2011 BCSC 401, and Kwantlen University College Students Association v Canadian Federation of Students - British Columbia, 2017 BCSC 299, aff’d in part 2018 BCCA 16, and 2017 BCSC 163 (preliminary application). We have also advised student unions and local counsel across Canada in several other provinces concerning disaffiliation referenda from the Canadian Federation of Students.

• In 2015, when a professional association expelled a member in retaliation for the member having presented himself as a candidate for president in opposition to the incumbent president, we commenced a proceeding on behalf of the member before the Supreme Court of British Columbia. The matter was settled on terms that saw the readmission of the member into the professional association.

• In 2015, we represented the owner of a condominium unit in proceedings before the Supreme Court of British Columbia, after the condominium developer violated her contract by failing to provide her with two parking stalls. In Truong v Wally King Holdings Ltd., 2015 BCSC 1759,  we successfully obtained an injunction requiring the developer to comply with the contract and provide our client with a second parking stall.

• In 2015-2016, we represented a trade union in proceedings before the Federal Court to seek judicial review of the federal government’s granting of work permits to foreign nationals to work as crewmembers of foreign-flagged vessels engaging in cabotage (coasting trade) in Canadian waters. We provided evidence that this practice harmed the Canadian maritime labour market, as the foreign nationals were being paid wages that were far lower than the Canadian prevailing wage – in some cases, as low as $2.41/hour. In 2017, we negotiated a settlement agreement in which the federal government agreed to substantially alter its practices concerning the granting of work permits for the crews of foreign vessels engaging in cabotage in Canadian waters. Pursuant to this settlement agreement, the federal government adopted a new policy providing that work permits shall not be granted to foreign nationals to work as crewmembers of foreign-flagged vessels for work exceeding 30 days in duration, unless the applicant obtained a letter of concurrence from our client (on behalf of all Canadian maritime trade unions) stating that there are or are not qualified Canadians who are capable of working on the vessel.

• In 2015-2016, we acted as co-counsel for a student organization when the organization’s decision to not grant permission to a club to stage a political demonstration was challenged before the courts. The position of our client was affirmed by the BC Court of Appeal in BC Civil Liberties Association v University of Victoria, 2016 BCCA 162, aff’g 2015 BCSC 39, leave to appeal to SCC refused, 2016 CanLII 82919.

• In 2018, when the incumbent leadership of a religious organization purported to cancel the organization’s Annual General Meeting (AGM) and election of its Board of Directors, we represented a group of members in proceedings before the Supreme Court of British Columbia. We ultimately negotiated a settlement agreement that saw the AGM and election conducted by a neutral party.

• In 2022, when a professional association suspended a member for one year based on a vague allegation of harassment, we commenced a proceeding on behalf of the member before the Supreme Court of British Columbia. In Webb v Canadian Medical Association, 2022 BCSC 619, the court determined that the suspension was conducted contrary to the norms of natural justice.

Practice Areas.