Aboriginal Rights

We have experience in all aspects of aboriginal law, including rights and title, treaty entitlements, duty to consult, and band governance. 

We litigate on behalf of First Nations, and provide their leadership with strategic advice and negotiation support. We also advise and represent Indigenous individuals. We have litigated a number of leading aboriginal law cases, including:

  • Establishing aboriginal rights for a group declared “extinct” by Canada: R. v. Desautel,
  • Establishing a breach of treaty rights to annuities: Restoule v. Canada,
  • Establishing a breach of fiduciary duty for band members against their band council: Webb v Genaille.

Civil Litigation

We act in a wide variety of civil litigation matters for both plaintiffs and defendants.

We act in both purely private disputes and disputes involving public bodies. Our range of experience includes:

  • Contractual disputes
  • Corporate commercial & business disputes
  • Breach of fiduciary duty and trust claims
  • Defamation and Anti-SLAPP suits
  • Fraud and conversion claims
  • Injunctions
  • Misfeasance in public office claims
  • Negligence claims
  • Nuisance and trespass
  • Property disputes
  • Wills and estate litigation

Environmental

We have acted for individuals, First Nations, environmental groups, and public bodies on a variety of environmental issues.

Our experience includes acting on matters involving land use, forestry, riparian rights, wildlife, and environmental assessments.

We have a burgeoning climate litigation practice, and currently represent a group of youth plaintiffs in a constitutional challenge to the federal government’s conduct with respect to climate change (La Rose).

Labour & Employment

We have acted for employees, employers and unions.

We have experience in all aspects of labour and employment law, including:

  • Wrongful and constructive dismissal
  • Severance entitlements
  • Disability and benefit plans
  • Employment Standards Act & Canada Labour Code
  • Workplace privacy
  • Human rights and accommodation
  • Collective bargaining
  • Grievances

We have particular experience providing employment advice to First Nations and to aboriginal organizations including Tribal Councils, schools and commercial ventures.

Administrative

We have considerable expertise with respect to the law about administrative decision-making, including judicial review proceedings.

We regularly act as counsel for administrative tribunals, professional regulatory bodies, officers of the legislature, and other statutory decision-makers.

We also represent private and institutional clients in proceedings before boards and tribunals, as well as in judicial reviews and statutory appeals challenging administrative decisions.

Social Justice

We believe that the law can shape our society for the better, and often act in cases of significant public interest.

We take access to justice seriously and often represent those most vulnerable in our society, including those unhoused.

We have a strong intervention practice, and have represented a variety of public interest organizations, such as West Coast LEAF, the Tenant Resource Advocacy Centre, and the Workers’ Solidarity Network, at all levels of court.

Municipal

We have acted for and advised local governments and their councillors, as well as clients who seek to work with, or challenge, local governments.

We have advised and litigated a variety of municipal law issues, including:

  • Conflicts of interest
  • Zoning
  • Official community plans
  • Easements and rights of way
  • Jurisdictional matters

Charter & Constitutional Law

We are widely regarded for our expertise in constitutional law, including the Charter of Rights and Freedoms.

We have acted on some of the most notable constitutional cases in Canada, including cases on federalism, judicial independence, freedom of expression, freedom of association, equality rights, and rights to life, liberty and security of the person. Examples include:

  • Challenging the prohibition on assisted dying (Carter)
  • Challenging the use of solitary confinement in prisons (BCCLA)
  • Challenging policies restricting political expression (GVTA)

Contaminated Sites

We have significant experience and expertise in litigation involving the remediation of contaminated sites.

Our experience ranges from large-scale commercial and industrial contamination to smaller residential contamination. We have developed an expertise in this area and has worked with many of the leading environmental remediation companies to ensure that the ultimate resolution is both environmentally sound and in keeping with the applicable legal principles.

Human Rights

We have acted on a range of human rights matters, including in workplace, First Nations, and prison settings.

Our human rights work includes cases involving discrimination with respect to gender, gender expression, sexual orientation, Indigeneity, race and disability.

We have appeared before both the BC and federal human rights tribunals, as well as on judicial reviews arising from those tribunals. We have represented individuals and equity-deserving groups as well as public bodies and decision-makers focused on human rights matters.

Privacy & Access

We act for the BC Office of the Information and Privacy Commissioner, as well as individuals and organizations on a variety of privacy issues.

We are familiar with both provincial and federal statutory schemes related to privacy. We provide advice and represent clients on all aspects of privacy law, including:

  • Initiating or responding to freedom of information requests
  • Initiating or responding to a privacy complaint
  • Judicial reviews arising from privacy legislation
  • Responding to privacy breaches
  • Tort claims arising from privacy breaches
  • Development of privacy policies

Societies

We represent societies of all types with respect to governance and member disputes.

We regularly advise societies with respect to governance issues, including compliance with the Societies Act and bylaws, remedying irregularities, bylaw amendments, member discipline and responding to requests for access to records.

We have significant experience and expertise in contaminated sites issues, including commercial and industrial contamination and residential oil tank contamination.

We also litigate on behalf of societies, including representing societies in proceedings for compliance and restraining orders and the oppression remedy, and assisting societies with proceedings before the Civil Resolution Tribunal.

We have particular expertise in student governance issues, and referenda for fee increases under the University Act.