British Columbia

Vancouver’s Alexander Holburn Beaudin & Lang is consistently referenced among market peers in the capacity of insurance, product liability, infrastructure and aviation, an area in which the firm has held a particular niche. Peers single out managing partner Christopher Hirst as being “someone worthy of consideration. He is taking on a good deal of the important work there now and becoming a lot more visible, which is impressive since he balances this with his management responsibilities.” Hirst is counsel for Tetra Tech Canada, the plaintiff in a $20 million claim arising from design services provided for the North Vancouver Waste Water Treatment Facility. Hirst is also counsel for the COWI North America, the defendant in a delay-and-damages claim brought by the BC Ministry of Transportation and Highways arising from a renovation project that includes safety fencing and expanded walkways on the Ironworkers Memorial Bridge.

Yet another entry into the crowded Vancouver litigation boutique market, Allen McMillan is deftly carving out a space for itself in this capacity, drawing praise from much more established peers. More impressive still is the fact that the firm has managed to do this on the strength and reputations of just two partners Greg Allen and Wesley McMillan. Allen McMillan covers a variety of practice areas, all with a regional focus. The firm has quickly established a following among peers and clients. “They are growing fast, and we have a lot of time for them,” extols one peer. A client testifies, “They have been incredibly professional, punctual and worked to get us a solution that was acceptable to our non-profit. They are talented oral advocates – on appeal, in chambers or at trial. They can put together a compelling case and sell it to the judges.” Allen is cheered by a peer as “a very talented guy, [he is] ex-Hunter [Litigation Chambers, another revered Vancouver boutique], so he grew up in that model, and he’s a guy I would send work to. His firm has really grown and thrived.” A client remarks, “Greg Allen is a very sharp lawyer and also able to help the client feel comfortable with his recommendations while being open to feedback and input.” Another extols, “Greg Allen handles court appearances very professionally and calmly. Having been in the real-estate industry for 30 plus years, I am very impressed with Greg's vast knowledge of all facets of this real-estate matter and the level of research he has his team do. He is also very good at looking at options on how to settle.” McMillan is not short on praise either; one client addresses him as a “no-nonsense, knowledgeable litigator who keeps his eye on the ball, which is the result that the client needs and is fairly entitled to get. I appreciate his diligence, work ethic, practicality and professionalism.” Beyond the name partners, support is also strong for Kaitlyn Meyer, who makes her debut as a future star in this edition. “Kaitlyn is fantastic, she just made partner this summer [2023.]” A client supports this assertion. “Kaitlyn resolved our matter effectively and efficiently in the face of another party who was uncooperative and difficult.” Allen and Meyer worked together to successfully defend an application by two of several defendants to have the claims against them dismissed or stayed on jurisdictional grounds. The underlying action involves claims of misrepresentation, fraud and breach of contract arising from the plaintiffs’ investment in an energy-drink company and a related farming business. The two defendants argued the claims surrounding the farming business were closely tied to Alberta and that a forum selection clause in an agreement between some of the parties favored the jurisdiction of the Alberta courts.

The Toronto office of Baker McKenzie stands out as being one of the few entities in the city whose work is not specifically focused on servicing Bay Street-centric clients, which is not surprising given the firm’s stature as one of the largest and most globally entrenched legal shops in the world. “They specialize in cross-border disputes, class actions, and fraud/white-collar matters,” a peer testifies. “Most recently, Baker McKenzie is opposing counsel on a commercial arbitration. For many years prior to this, I worked as co-counsel with Baker McKenzie on a complex commercial fraud case that also included bankruptcy and insolvency issues and a class action.I worked the most with John Pirie and David Gadsden. John and David are both extraordinary lawyers and working with them has been an excellent experience. We collaborated on the factual and legal issues. Even after the decision in our matter was released, I continued to work with John and David on issues that affected their client. They are also extremely good at analyzing the legal issues.” Exemplifying both the firm’s internationally driven work and the individual and collective prowess of Pirie and Gadsden, a firm team involving this pair represents NHK, a Japanese manufacturer of suspension assemblies for hard disk drives in defending three class actions in Canada in connection with an alleged conspiracy to fix prices in Canada and throughout the world. The firm is also defending NHK in parallel US proceedings and is advising NHK in respect of pending regulatory investigations in Brazil, Taiwan and Singapore in respect of the alleged conspiracy.“John Pirie is the primary lawyer that I deal with on a regular basis,” confirms a client. “He has a sterling reputation in our legal community and is regarded as a powerful litigator in the Ontario courts, particularly when it comes to cross-border white-collar and fraud matters. He takes a hands-on, in-depth approach to identify the strengths and weaknesses of the case, and formulates a strategy that the team will then implement with precision. He has even defended Ontario judges in sensitive civil actions on more than one occasion.”Matthew Latella also has a growing level of support among peers and clients. One client declares, “Matthew is adept at identifying and nailing the core issues to successful conclusion. I’ve seen him simply out-work and out-strategize opposing counsel.” 

Beddoes Litigation is a Vancouver litigation boutique named as such after founder Arden Beddoes, an “up-and-coming” litigation star in the making. Beddoes boasts an impressive résumé, having earned his stripes at venerated shops such as Toronto’s celebrated litigation boutique Lax O’Sullivan Lisus Gottlieb and Vancouver institution Farris. He also was a protégé of the late Joe Arvay, revered as one of Canada’s preeminent constitutional litigators. Beddoes’s firm specializes in commercial and administrative litigation and has considerable experience in appeals. The firm also has a considerable defamation law practice as well as several society and non-profit clients. One such client voices appreciation for Arden Beddoes’s “excellent oral and written advocacy and strong insight into the crux of the legal issue,” and goes on to testify, “My organization is legally focused and most of our team is lawyers, so we have the ability to understand when external counsel ‘gets it’ or not. Arden always ‘gets it.’ I would be confident giving any legal work to Beddoes Litigation save for areas that the firm explicitly does not practice in.” Beddoes represented Animal Justice in a judicial review of the Ontario Minister of Natural Resources' decision to allow an unlawful coyote bounty hunting contest to proceed without the proper authorizations and was therefore unlawful. The case was heard in Divisional Court. Beddoes is also lead counsel for the plaintiff in an ongoing proceeding in which the plaintiff seeks $24 million against the Province of British Columbia for alleged misfeasance in public office. This case recently involved an important appeal before a five-judge panel at the BC Court of Appeal. That was heard in October 2022, and the decision is still under reserve. The case will proceed to a 60-day trial starting in April 2023.

Bennett Jones is a relatively recent entry into the Vancouver market, which it has taken to with aplomb. “Bennett Jones has made inroads here, they have been very aggressive in their hiring,” ventures one local peer. “They pulled in some good people.” One such hire, David Gruber, is noted for his commercial litigation practice, which has also historically incorporated insolvency aspects, has been viewed by peers as a particularly plum score. Commercial litigator Melanie Teetaert is also cheered as a particularly auspicious hire.

Borden Ladner’s Vancouver office continues to generate acclaim from local peers, primarily in practice areas concerning class actions and arbitration. “BLG is really strong on the arbitration side of things,” declares a peer. “I think they’ve done something like 50,000 hours of international arbitration just across the firm, and that doesn’t count domestic, which I think they do even more of than international.” Speaking to individual practitioners, peers note “Rob Deane is doing a lot of high-level arbitration and appellate work. I also see a lot of Craig Chiasson.” In the class-actions capacity, Brad Dixon remains “a force,” although peers also note that “Michelle Maniago is ready to step up, and I think we’ll see her on more lead counsel roles.” The class actions group attends to matters involving product liability, competition, banking and, increasingly, privacy. “BLG was involved in a case concerning a company that was subject to a cyber-attack in 2020, and they won a big case for Electronic Arts concerning ‘loot boxes’ (games of chance within video games)!” Sarah McEachern, the regional head of commercial and construction litigation, is also identified as “another player who hits that key intersection of arbitration and construction that BLG is so well known for.”

 

 

Vancouver boutique Branch MacMaster has etched itself a unique position among the crowded pedestal of recommended firms in the city. The firm’s noted specialties are insurance and class actions, and in the latter practice, the firm has had great success providing counsel on both sides of the “V.” Luciana Brasil continues to commandeer the Branch MacMaster approach and is also now seen as the “heiress apparent.” One peer testifies, “Pretty much any case Ward was on, Luciana was on too. She’s the research engine beyond it. I’ve heard her present at conferences in Toronto, where she held her own quite well. In fact, she easily she gave the best presentation and was very dynamic and organized.” It is noted that Brasil “has more of a taste for the plaintiff cases, and whereas Ward was sometimes risk-averse, Luciana often provides the fire in getting cases underway that have a high risk/reward ratio.” Brasil lays claim to providing plaintiff counsel in an ongoing class action challenging the constitutionality of 15% taxes imposed on purchase of residential property by foreign buyers. She is also leading a plaintiffs’ action alleging a conspiracy between credit card networks and issuing banks to artificially increase the amounts merchants paid on acceptance of credit cards. There have been some partial settlements, but action is ongoing against five remaining banks. More recently, Brasil has been leading the charge (along with Reidar Mogerman of Camp Fiorante Matthews Mogerman) in the plaintiff capacity in the sprawling class action against manufacturers, distributors and retailers of opioids.

Since its founding in 1993, the Vancouver boutique Camp Fiorante Matthews Mogerman has etched itself a formidable niche in the British Columbia legal landscape with its concentration in representing plaintiffs in the areas of aviation, product liability, and, most notably, the ever-increasing capacity for class actions. “Camp Fiorante is the go-to firm for the aviation plaintiff work. In fact, they go to you! That’s their business model.” Another peer notes, “Camp Fiorante has gone very quickly from being a local plaintiff shop to being one of the most important firms in Canada, engaged in some very high-profile litigation raising some very cutting-edge issues.” One class-action-
specific peer confirms, “If I have a product liability class action, I will immediately defer to Camp Fiorante for guidance.”

The chief proponent behind the indirect purchaser class actions, Reidar Mogerman is identified as “one of the key ‘movers’ behind litigation not only in BC but Canada-wide. Class action specialists all throughout the country are taking notice of him and keeping with what he’s up to. Reidar is a very creative guy. He lives is a very eclectic life!” Mogerman is at the helm of several class actions that have set precedent in Canada; in Pro-Sys v Microsoft, he provided lead counsel for a class of plaintiffs against Microsoft on anti-competitive claims. Following certification, this action has advanced to the trial stage, a rare case of a class action doing so. Expert evidence estimates damages at approximately $6 billion and the case involves multiple, novel issues of substance and procedure. Mogerman is also co-lead counsel on ongoing multi-jurisdictional class actions about credit card fees in the case of Watson v. Bank of America and others. This case has generated decisions relating to settlement and fee approval, an important appeal about carriage agreements, and decisions about the recently amended cartel provisions of the Competition Act. Mogerman is also co-lead counsel in yet another ongoing price-fixing litigation relating to LCD screens. More recently, Mogerman has been leading the charge (along with Luciana Brasil of Branch MacMaster) in the plaintiff capacity in the sprawling class action against manufacturers, distributors and retailers of opioids. “I think most will agree,” states one peer, “that Reidar Mogerman is considered the most intellectual and dangerous plaintiff class action lawyer in Canada.” A local peer also notes, “David Jones made partner at Camp Fiorante, I would suggest him as a future star. He works closely with Reidar and has one of those minds that is good for experts and economic theories and concepts that may take the rest of us a while to grasp.”

The Vancouver pillar of Cassels Brock & Blackwell hosts a stable of litigators who have proven adept with a diverse spectrum of business disputes. This office recently made significant augmentations to its local bench with the additions of Carey Veinotte and Jordanna Cytrynbaum, who both decamped from their posts at local insurance-forward shop Whitelaw Twining to join Cassels in January 2022. Cytrynbaum, a multi-faceted commercial litigator, is generating more notice in the rest of the market as well. “We’re seeing more of her, and she is building up a strong, high-profile litigation team.” Veinotte, who has historically been active in the securities capacity, has taken on an increasingly diverse portfolio. He was lead counsel for four teams of defense lawyers for numerous defendants in an 84-day trade secrets case, and he also argued the first-known application of British Columbia’s new Protection of Public Participation Act (PPPA). The PPPA allows an applicant (Veinotte’s client, president of the BC Teachers’ Federation) to make an application to strike out a claim as being contrary to the public’s right to hear expression in the public interest. The plaintiff is a school trustee who made Facebook posts critical of pro-LGBTQ school curricula. Veinotte’s client (and others) publicly criticized the plaintiff, who then sued for defamation. Mary Buttery, a commercial litigator with a specialty in insolvency matters, is a particular peer favorite. “Mary is such a rock star,” raves one peer. Buttery defended Matthews Southwest in a lawsuit brought by a former development partner regarding a significant development in Squamish BC involving First Nations land, and regarding timing of payment under negotiated Unwinding Agreement, and involves the interpretation of development approvals and timing of same in British Columbia. Buttery also acted with Tom Isaac, a practitioner with a fluency with Aboriginal law matters, as counsel for the Métis Nation–Saskatchewan in respect of an action commenced involving land claims in Alberta and Saskatchewan. The Métis Nation is a proposed intervenor and has served application material.  

The Vancouver office of global conglomerate Dentons has been steadily building out its litigation practice through noticeable strategic hires as of late. Peers credit this to the savvy of veteran Vancouver litigator David Wotherspoon, the firm’s local head of litigation. Dentons lured Morgan Camley to its bench from Miller Thomson in late 2019 and in March 2020 welcomed Eleni Kassaris, formerly of the local office of Blake Cassels & Graydon, aboard. Camley attends to a varied practice composed of commercial, regulatory and Aboriginal law work, while Kassaris is a longtime authority in the labor and employment capacity. “Both of these are great hires,” enthuses a peer. “It gives them each an opportunity to shine in their respective capacities.” For his part, Wotherspoon also enjoys a diverse practice that has historically included a steady commercial litigation diet along with more novel niches such as injunction work, intellectual property, defamation and free speech, and professional liability. 

A Vancouver litigation boutique that has been on a noticeable growth kick in its headcount and its branding traction, Eyford Partners has attained a sweet spot in the market, adding steadily to its bench. “They are alumni from big firms, and they bring that pedigree in terms of the ethos of excellence and doing things right but doing so on a smaller level and without the bureaucracy,” asserts one peer. “The work they do is also the kind of work that actually gets you into court more than many big firms do.” Under the leadership of all-purpose civil litigator Douglas Eyford since its inception, the firm got a considerable boost of star power in early 2017 when seasoned veteran Angus Gunn joined the firm from his previous post at Borden Ladner Gervais. Gunn maintains a professional focus of appeals, with the remainder of his practice being dedicated to public law, typically for the Province of British Columbia. “Angus continued to be regularly active in the BC Supreme Court, the BC Court of Appeal and even the Supreme Court of Canada,” confirms a peer. “They often get brought in to take over as appellate counsel.” Gunn has also developed a niche in arbitration at both the domestic and international levels. Most recently, Gunn has been engaged by the Insurance Corporation of British Columbia (ICBC) on several significant appeals that have showcased a unique niche fluency with the intersection of appellate, arbitration and insurance practices. “This is really his sweet spot,” observes a peer. On the other end of the generational spectrum, Nathalie Baker was welcomed into the partnership in 2022 and has since then taken cases forward with aplomb. Baker, along with Ryan Parsons, act for GSR Capital Group on judicial review, on appeal, and on an application for leave to appeal to the Supreme Court of Canada. The matter was an important test of the reasonableness of a local government's legislative authority to interpret the Local Government Act with respect to binding two-year development permits. The case involved terms of a development contract with a municipality regarding a parcel of land bought by the client for development. The terms were altered – not to the client’s benefit – by the municipality’s new incoming local government. Parsons meanwhile assisted trial counsel on appeal at the BC Court of Appeal in a local authority's appeal from a trial judgment in an expropriation matter. Parsons also acted with lead partner Evan Cooke in serving as counsel for the City of Surrey at trial and on appeal, defending against claims brought by a car dealership against the municipality for expropriation, injurious affection, and business losses.

 

Farris Vaughan Wills & Murphy provides a comprehensive and diverse array of litigation services that ranges from commercial litigation, securities, family law and administrative law to labor and employment. While recognized as “a classic Vancouver firm,” Farris is noted by peers as being “well positioned because of the big group of younger partners that are coming up and complementing the more senior people that are Farris ‘lifers.’” One peer notes, “Farris is rebuilding and doing a great job. They are one of the few regional firms that has that level of breadth in litigation – they’ve got commercial, securities, class actions, Aboriginal, employment, family law…there really isn’t any other litigation shop in Vancouver covering the spectrum like them. They’re obviously not a national firm but in this city, they are almost of a national-size bench – top-flight firm.” Another peer declares, “Farris historically been very strong in Vancouver for decades, and I see them broadening up a lot more and more and taking on a lot of high-net-worth family law cases that involve the transfer of wealth. They have always done a bit of this work but now they seem to be really doubling down on it.”
     Peers largely credit the firm’s versatility, culture and bench development to Ludmila Herbst, an all-purpose litigator who earned her stripes at Farris over the past several years and has since emerged as “a de facto leader now.” Although it is also noted that seasoned statesman Robert Anderson “remains as busy as ever.” “He shows no signs of slowing down,” quips a peer, “especially when he’s litigating against my client!” Herbst and Anderson are representing the appellants from a May 2023 judgment of the Supreme Court of British Columbia regarding a shareholder-oppression matter. The appeal was argued before the BC Court of Appeal in November 2023. Anderson is also acting with a team that includes Mike Wagner and Kevin Smith on a matter that sits at the intersection of shareholder oppression and family law, the firm’s “sweet spot.” Wagner leads several other cases of this variety and is touted by peers as “one of the brightest lights at the firm these days in those oppression files. His work is never just ‘same-old, same-old,’ either. They almost always involve a ‘wow!’ factor.” Smith is lauded by peers as “very bright, young but wise and experienced beyond his years.” Rebecca Morse is also viewed as a leader in her practice, which straddles commercial, construction, family law and insolvency. Yun-Li Reilly is also seeing her profile rising; a client extols Reilly as “an excellent lawyer with great legal analysis; hardworking, strategic, and always thinking about the case.”

Vancouver boutique Fraser Litigation is a new addition to Benchmark in this edition, but its prime mover and lead partner Barry Fraser has been an established pillar of the local legal community for decades. “We have dealt with Barry Fraser for years,” testifies one peer. “It’s not easy! He puts you through the paces.” Another peer extols, “They are an outstanding group, and very likely may have been the first legal group to win against the Alberta Insurance Council.” Clients have been appreciative of the advocacy provided by the firm. “Fraser Litigation represented our directors in several matters in the BC Supreme Court,” declares one satisfied client. “He and the firm also provided invaluable advice and service to our company for similar matters. Their principal partners consistently demonstrated sage acumen with the highest care for our individual directors. Fraser Litigation was also exemplary in terms of creative but regimented problem solving and strategic design. Finally, the firm performed effectively in all court sessions with commendable conviction, diligence, and clarity.” 

A Vancouver litigation boutique that has been steadily getting more notice from peers as of late, Gudmundseth Mickelson is identified as “a power player,” with one peer even speculating, “You might want to even consider raising them in the rankings at some point soon. They are really coming up.” Another competitor notes, “They have quite a lot of depth and some real personalities there. Howard Mickelson is the ‘larger-than-life’ personality, but I have also seen a few of their associates and they seem to be of very solid quality.” The firm scored a recent win for the Attorney General of British Columbia in a constitutional matter that wound up at the Supreme Court of Canada.

JFK Law (an acronym for Janes Freedman Kyle) occupies a unique niche in the British Columbia market. Through its offices in Victoria and Vancouver, its practitioners attend to a diverse range of Aboriginaland constitutional law issues, acting on behalf of First Nations communities as well as institutions. The firm is well versed in treaty negotiations as well. “JFK have their own corner of the market, which they’ve had for years and which is different than many of us, but they are very highly thought of as practitioners in that area,” testifies a peer. JFK was given an additional boost in litigation horsepower with the relatively recent arrival of Vancouver’s Tim Dickson, who left that city’s institution Farris to join. Dickson has been particularly active of late; in one case, he acted as lead counsel for the Tsilhqot’in tribe in an ongoing dispute concerning the development of a gold mine, triumphing on the client’s behalf and setting precedent in establishingthe first time since the creation of the duty to consult and accommodate in 2004 that a First Nation has obtained an injunction until the hearing of its infringement claim. “Tim is a great young star,” voices a peer. “He knows the Vancouver community and is well respected and has great credibility among it.” 

Lawson Lundell’s BC operations span offices in Vancouver and two locations in Kelowna. The Vancouver office houses one of the city’s largest and most comprehensive litigation benches, composed of lawyers attending to a diverse array of practices encompassing several specialties – particularly, aboriginal law, energy and resource law, and labor and employment – in which the firm has long held dominant positions. “They are excellent lawyers - they are detailed but able to provide concise advice,” testifies an appreciative client. Keith Bergner, who elicits unwavering peer support as an authority in the aboriginal law community, provides counsel the Province of British Columbia in several matters, including one in which the plaintiff First Nations commenced litigation in 2014 seeking a declaration of Aboriginal title to certain lands in Richmond, British Columbia and adjacent lands under the Fraser River, much of which is highly developed and home to various industrial, commercial, recreational and residential developments. Bergner took this case over from the Province’s in-house counsel, and concluded written and oral argument in November 2023. Craig Ferris and Mark Fancourt-Smith represent BC Hydro in a construction issue, valued between $10 and $30 million, relating to the structural integrity of the Big Bend substation in Burnaby as a result of a berm along the Fraser River approved by the City of Burnaby and installed by Canada Lands Corporation. Ferris, an all-purpose trial lawyer, garners unanimous acclaim from all familiar with him, and Fancourt-Smith is also developing a loyal following of his own. “Mark is an excellent problem-solver and all-around great lawyer,” raves a client. “His customer service is fantastic, his knowledge of his practice area is outstanding, his ability to strategize and come up with creative solutions is exceptional, and his ability to communicate complex subjects and distill them into layman's terms is a great trait. I would highly recommend Mark to anyone and have full confidence in his advice and his representations.” Marko Vesely represents Orion Fund JV Limited in a cross-border dispute to recover USD$38 million from defendants, based in Peru, concerning a mine that went into receivership allegedly as a direct result of the defendants’ failure to pay the purchase price for shares in a restructuring transaction. Clara Ferguson, who attends primarily to energy and regulatory law, as cheered by a client as “exceptionally smart, very knowledgeable about her area and willing to work to understand if she is not. She is practical and able to see pathways through complex issues.” Lawson’s labor and employment practice, helmed by Robert Sider and Nicole Skuggedal, is also addressed as one of Vancouver’s strongest. “Rob Sider is a pleasure to deal, which you can’t for granted in this field of law,” remarks a peer. A client addresses Skuggedal as “practical and responsive,” noting, “[She] provides excellent advice and counsel.”

A Vancouver litigation boutique that has its much larger market peers talking and impressed, MacKay Boyar has quickly etched itself a unique profile in the crowded legal market. “MacKay Boyar is a smaller boutique that has excellent up-and-coming litigation counsel that we use from time to time,” notes the client of another local firm. Peers support the firm’s stature. “MacKay Boyar are so nice to deal with,” insists a peer at a much larger firm. “They are unique in that they do a lot of commercial and criminal litigation. We send them tons of work, and they are also tight with [revered Vancouver trial lawyer] Ken McEwan!” Andi MacKay is said to have “a practice area that I think is really interesting, intertwining criminal and commercial matters, with a special niche on what’s become known as ‘ineffective assistance.’” MacKay is noted for her impressive pedigree, with previous stints at the Vancouver office of Fasken as well as tutelage under (now-retired) seasoned litigation statesman Bill Berardino. Tam Boyar is called “a genius, the full package – it’s really rare to have someone be as smart as he is and be ‘normal,’ with no big ego. Clients love him, and he is an incredible listener.” Boyar is noted by a peer to have been “busy doing trials regarding our Health Services Act.” Specifically, Boyar represented the British Columbia provincial government in this constitutional challenge to Canadian Medicare in British Columbia brought by a group of surgeons, that saw experts from all over the world being pulled in to examine what is the best way to design a health care system. A decision was rendered in Boyar’s client’s favor in September 2020. 

McEwan Partners generated immediate buzz upon its formation five years ago, and not without justification. The firm is composed of some of the most venerated litigation talent in British Columbia. Ken McEwan, a Vancouver trial veteran, forged the firm’s identity upon splitting off from his former shop of Hunter Litigation Chambers (itself a dispute-resolution powerhouse) and cherry-picking some of the city’s other prized practitioners to bolster the bench. Those included Robert Cooper, who himself left McCarthy Tétrault in 2013 to form his own boutique.) “McEwan very much continues to be the commercial litigation powerhouse in town,” insists one peer, summing up a broadly held consensus. “They have, if not the leading practice in town, then certainly close to it.” The firm’s status as a litigation-specific boutique allows it the freedom to pivot between plaintiff and defense work, with cases that are often fairly novel in nature. “We send a huge amount of files to McEwan,” confirms a peer, “because they are fearless and will take on things that the rest of us just don’t, or won’t, do!” 
     Ken McEwan continues to be “just a huge turbine of work,” according to local peers, one of whom marvels, “I don’t even know how he handles it all! He’s going to need to clone himself pretty soon!” Another quips, only partly in jest, "As long as Ken has a pulse, he will continue to be one of the busiest courtroom presences in Vancouver." McEwan once again proved his mettle as a trial lawyer in one of the highest-profile cases in the country within the past year, that concerning the hotly contested control of the board of Rogers Communications, which was tried in BC. Working with counsel from Toronto (the similarly venerated litigation boutique Lax O’Sullivan), McEwan, along with Emily Kirkpatrick, triumphed in November 2021 with a much-anticipated decision from the BC Supreme Court that confirmed the validity and enforceability of a shareholders resolution submitted by the client Edward Rogers on behalf of the Rogers Control Trust, reconstituting the board of Rogers Communications. McEwan was also counsel to an individual in an ongoing regulatory proceeding involving Bridgemark Financial before the British Columbia Securities Commission involving 65 respondents, another one of the province’s biggest legal engagements. “They had a really nice win at the Court of Appeal,” offers a peer. Illustrating the firm’s versatility and the novelty of the cases it attends to, McEwan and Kirkpatrick are also working in the plaintiff capacity (along with co-counsel from Koskie Minsky in Toronto) on a class proceeding on behalf of certain groups of prisoners who have been held in solitary confinement in the BC correctional system between 2005 and 2015. The Notice of Civil Claim alleges that British Columbia’s overuse of solitary confinement is negligent and constitutes a number of breaches of the Canadian Charter of Rights and Freedoms. 

McMillan’s Vancouver office is smaller than its Toronto epicenter, but it houses one of the firm’s most visible and celebrated partners, Joan Young. “Joan is top of mind,” confirms a peer. “She does a lot of product liability, and she often pairs with Toronto or Montréal partners for class actions.” Another peer observes, “Joan is doing more competition class action work, and I have a lot of time for her.” Illustrating both assertions above, Young acts with Éric Vallières in the Montréal office for Apple in class actions brought in 2021 that seek to re-characterize the monopolization cases against Google in the US related to internet advertising and search engines into an alleged market allocation agreement with Apple whereby Apple would have agreed not to develop its own search engine. The cases cover all direct and indirect purchasers of internet search advertising services in Canada since 2005. Young also acts with Toronto’s Lisa Parliament and Montréal’s Sidney Elbaz for Mitsubishi on a consumer product liability class action that arose from alleged faulty airbag control units found in various models of Toyota, Kia, Hyundai, Honda, and Mitsubishi vehicles. The class plaintiff alleged the airbag control unit defect was common across all the manufacturers vehicles and model years, despite some models having regulatory recalls and repaired. Young also acts with Toronto’s Melanie Harmer and Adam Chisholm act for Affinor on a class action claim for conspiracy, negligent or fraudulent misrepresentation, and statutory damages for secondary market liability pursuant to securities legislation.
    In the Toronto office of McMillan, Brett Harrison represents Citibank in bringing an application before the Ontario Superior Court for certain relief against a high-profile Mexican high net worth individual and his related-investment vehicles. The bank sought disclosure regarding a global investment structure that includes Canadian partnerships, Delaware LLCs and Cayman segregated portfolio corporations to hold Spanish real estate investments. Jeffrey Levine, along with Stephen Brown-Okruhlik and Samantha Gordon, represents cannabis market entity iAnthus in defending a secondary-market securities class action alleging misrepresentations arising from public disclosure. The case involves allegations of various misrepresentations by iAnthus and its leadership. The claim involves alleged losses to investors during a period when iAnthus’ market capitalization fell by over $100 million. The McMillan team successfully opposed a motion seeking broad pre-discovery production in connection with the plaintiff’s motion for leave to proceed with the statutory claim.

Vancouver boutique Miller Titerle was founded in 2009 by alumni from the city’s office of McCarthy Tétrault. “They wanted to act for First Nations,” observes a aboriginal law-focused peer, “and you can imagine at a firm like McCarthy’s, who has a lot of government clients and a lot of business clients, that would cause immediate conflict.” The firm has a dual-pillar structure, with a business law group as well as a First Nations group, which incorporated general commercial litigation but with a lot of work on the Indigenous law side. The firm is also uniquely structure in that all of its lawyers are shareholders. “It’s not dependent on you grinding it out for a certain number of years,” states a peer. “It was the original founders’ idea that everyone would be an independent owner.” Myles Brown, a relatively recent addition, having joined in 2021, attends to commercial litigation, working closely with the firm’s business law group. Brown has a breach-of-contract claim against Rogers Communications in Ontario regarding a provider of call center services. The firm’s client, based in Alberta, was a referral. A client addressed Brown as “excellent, a good communicator and good at strategy.” Joelle Walker has also made a name for herself, largely in the aboriginal law community. “She is our co-counsel in a child-welfare class-action case,” testifies a peer. “She’s feisty! Miller Titerle don’t do a lot of class actions – almost none - but they are so highly regarded for their work in indigenous business development, and they have developed such a good reputation for their work that they can team with firms for class actions.” Walker is championed by a client for her “excellent judgment, conscientiousness and organization.”

Hakemi & Ridgedale is a Vancouver-based litigation boutique composed of name partners Tom Hakemi and Lisa Ridgedale, both of whom juggle a variety of commercial litigation matters that also touch on areas such as employment law, family law and defamation. Clients are appreciative of Hakemi and Ridgedale’s individual and collective litigation acumen. “They are amazing. They go above and beyond,” testifies one such client. “They are always available to answer any of my questions and concerns even if it’s after business hours. They are also very detailoriented and proactive and, it should be said, cost-effective.” Another stresses, “Tom has been so amazing at thinking outside the box and finding creative solutions. Lisa is one of the fiercest lawyers I have ever met. Her commitment to her clients is remarkable, and she leaves nothing unturned. Everything is examined and evaluated for what it is. She only wants to win but she does it with grit and grace. Both are experienced and spot on with their legal analysis. Ours was a difficult case for many reasons and was won due in part tothe integrity of the law firm.” The pair successfully appealed a trial decision at the BC Court of Appeal in a defamation case which focused on the significant legal issues of when it is appropriate for a trial judge to draw adverse inferences and to take judicial notice. Ridgedale also provided lead counsel to IG Image Group, a company that sells branded promotional products, as well as several personal defendants in employment-related claims brought by a sales representative of Image Group following a client transfer dispute between the plaintiff and the two individual defendants. The case was decided in Ridgedale’s client’s favor, with reasons provided in February 2020. 

Murphy Battista continues to garner notice in Vancouver largely on the profile of Angela Bespflug, who has etched herself a position in the class actions community locally as well as on a more national level. Formerly with Klein Lawyers, Bespflug focuses on the plaintiff side of class actions, securing herself quite a loyal following in doing so. “Angela does a lot of federal court stuff – they brought her in because she has that expertise,” ventures a peer. Another notes, “The phenomenon of former personal injury firms pivoting the plaintiff class-action work is fairly recent, but Angela is born-and-bred plaintiff coming from being with David Klein, so she’s not exactly new on the class-action scene. She is young but has been around and earned her stripes and continues to. It’s a long time between pay days on those class actions, but Angela is tough and tenacious. She’s got her white hat on and she plays the long game.” Clients have been vocal in their appreciation, turning out in full throat to champion the team’s cause. “They're the best. They are great to work with, and they work so damn hard,” exclaims one peer. “They're very thorough and so tough! I wouldn't want to be opposing counsel going up against them. They're fierce!” Another insists, “I love this team. They're very communicative and keep me in the loop at all times. I had so many questions, and they always took the time to answer them fully. [There has been a] Seamless flow between them in terms of communication with me, and since Covid–and we are on opposite sides of the country– it has been nice to maintain the flow of information in both directions.” Bespflug filed a proposed class action against the Roman Catholic Archdiocese of Vancouver for perpetuating and covering up decades of alleged systemic abuse by priests, bishops, cardinals, and other members of its clergy, forcing survivors into silence in order to protect their own. Bespflug also acts for plaintiffs bring an action on behalf of three proposed classes who were harmed by Canada and the Province due to alleged discrimination in the underfunding of Indigenous child welfare and a failure to provide essential services because of jurisdictional disputes.

Narwal Litigation, named for lead partner Joven Narwal, mines a unique niche exclusively dedicated to white-collar crime. A peer confirms, “I give all of my white-collar work to him. He is a fierce advocate with deep knowledge. He is presently handling both a professional responsibility matter and a referral from a conflicted former client who was subpoenaed to testify at the Cullen Commission.”A client, meanwhile, voices appreciation for the “practical, common-sense advice within the context of extensive experience in the area. I received straightforward answers and excellent value for the time spent. I couldn't have been more pleased with the legal services.” In July 2020, Narwal triumphed on behalf of a senior Canada Revenue Agency employee who was investigated for breach of trust and tax evasion, then subsequently charged criminally for tax evasion. Narwal represented the accused through the investigation, engaged in pre-charge advocacy resulting in the more serious charges of breach of trust not being laid, and then successfully defended the accused on the tax evasion charges resulting in a termination of the prosecution in advance of trial. In another matter, Narwal represented a client through an investigation into a $3 million Ponzi scheme. After extensive efforts, the client was only alleged to have participated in a single transaction. Following a full hearing before a panel of the Securities Commission, Narwal obtained a full dismissal of this allegation and the entire case against his client. More recently, Narwal represents the lead accused in a multi-party cross-border conspiracy involving cooperation among US and Canadian authorities. He was also retained for the appeal for another client, which was heard by the Supreme Court of Canada, with a landmark ruling issued in November 2021, regarding the treatment of suspended declarations of unconstitutionality and whether individuals can be convicted of offenses that have been found to be unconstitutional. 

One of Vancouver’s premier litigation boutiques, Nathanson Schachter & Thompson maintains its coveted dominance in the city’s dispute resolution community, a position it has held for decades thanks to the individual and collective vision of name partners Irwin Nathanson and Stephen Schachter. Both partners, despite their senior status, continue apace with a robust litigation schedule and remain in demand by clients. “The big energy at Nathanson still seems to be Irwin and Stephen,” observes a peer, “but of course those guys can’t continue forever so fortunately they are handling the generational change very well. They have a very strong team coming up right after them, and in some cases now taking the lead.” Another peer concurs: “Nathanson has done a good job in succession planning – they made a point of beefing up some of their younger and mid-ranks.” This has not gone unnoticed by clients, either. One raves, “They are top-notch lawyers who work cohesively as a team, and they are very capable and have great judgment. The mentorship from senior lawyers is readily apparent. I would give them any work in their specialty. They are hands-down the best legal team in Vancouver.” Another client cheers the firm’s lawyers as “bright and energetic lawyers, with creativity and professionalism.” This same client testifies, “The firm acted for us on a dispute over a contract. We terminated the contract, believing this was within our rights within the contract, and the other, much larger, party disputed that right. Nathanson is very intelligent and experienced, particularly on this type of litigation.”
     Nathanson made a strategic recruit over the past year in luring Mark Oulton to the firm. Oulton, who generated considerable acclaim while at another boutique, Hunter Litigation Chambers, boasts a well earned reputation as an authority on forestry litigation, a reputation that a client supports: “Mark is incredibly hard working, and likely the most knowledgeable lawyer in the province when it comes to the forestry industry.” James MacInnis, championed by peers as “incredibly smart,” acted for Taplow Ventures in a dispute regarding a divestiture process for the sale of the business. Peter Senkpiel, who a peer declares is “really getting out there and building his reputation in the market,” has illustrated substance to this claim with several pieces of commercial litigation. Senkpiel acts for the plaintiffs in connection with their claim against the defendants for, inter alia, breach of fiduciary duty relating to real estate ventures in Vancouver and Prince George.  The plaintiffs invested millions into the projects by providing funds to the defendant corporations, and they allege that the defendants used those funds for their personal benefit, including to fund other side projects and their lifestyles. Senkpiel also acts for the plaintiff in an appeal by the defendant from a decision granting judgment regarding players in the bitcoin industry. Karen Carteri is also enjoying an increased level of market recognition. “Karen had a huge piece of litigation with that PacNet case,” insists a peer. “She doesn’t get as much press as she deserves.” The referred-to PacNet case involved two civil forfeiture proceedings brought by the Director of Civil Forfeiture in British Columbia, as well as in a related claim in British Columbia under the International Business Association Act. Both cases involve allegations of participation in money laundering and involve coordinating with counsel in other jurisdictions.

 

Poulus Ensom Smith is one of the newest entries to the crowded Vancouver litigation boutique pedestal. Its primary founder and senior partner, however, is anything but a new name to the Canadian legal landscape. Hein Poulus is a longtime pillar of the Vancouver community, with a wealth of experience, youthful vigor and, to hear peers tell it, “fighting spirit.” One contemporary confides, “I have known Hein a long time. He has a colorful history and an engaging personality that belies a real tiger in court – don’t underestimate him! He will outlive most of us and certainly out-work most of us. He is still outmaneuvering his opponents!” Another peer elaborates with a glowing accolade: “Hein brings a very acute and deep understanding of commercial norms and principles, which allows him to see the bigger picture on commercial disputes. He is very smart and very experienced – he is deeply connected to the Vancouver legal and business community which allows him to bring to any commercial mandate an effective investigative element that other commercial litigators either do not have, or do not activate. He loves what he does, and he is perhaps one of the most engaged and hardest working “named” commercial litigators in Vancouver. If a significant dispute arises, he will make himself available at any time and for as long as it takes to understand, strategize and execute a position or a defense. He is, in many ways, one of the best commercial litigators in Vancouver with credible commercial and solicitor-type experience. He understands how business is ACTUALLY done, not just rules on a page; well spoken; incredibly strong logically; persistent and sticks with a narrative to get to the end.” Peers also make sure to point out that “the younger team over there is definitely going to be able to spread their wings and take on more interesting work and get less distraction from firm politics. It’s a great group, and they’re busy! They are going to be leaders at that firm instead of cogs.”
     By way of example, name partner Joseph Ensom, represents another end of the generational spectrum, bringing youthful perspective and work ethic. “He is ambitious and entrepreneurial,” observes a peer. Another testifies, “I worked with Joe in a complex litigation matter, in which I was intervening on behalf of another client and our clients' interests were aligned. Joe had an excellent strategic approach to litigation. His firm is extremely familiar with the BC court system and the preferences of individual BC Judges, and he was able to use this familiarity to craft a tailored defense that addressed the needs of the court and particular judge to the advantage of his client. Joe was also extremely well-prepared - his submissions were well-researched, thoughtful and compelling. He was also an impressive orator. He was a formidable opponent to the opposing party; however, he still maintained civility and decorum at all times. I would recommend his services without hesitation and have referred clients to him since.” One such appreciative client raves, “Joe is one of the best lawyers I’ve seen at ‘thinking outside the box.’ He really does a great job at coming at the case from different angles and finding new areas of interest. I’m very impressed with him.” Poulus and Ensom have been representing Vancouver staple TELUS since the firm’s 2022 formation and, at their former firms, for several years before prior to that. Laésha Smith, another quickly rising star within the securities community, has gained considerable traction in the market – even so far as to getting her name on the firm’s door as of April 2023. A peer addresses Smith as “very smart, full of energy, [someone who] loves her work and does a great job.” A client stresses, “I find Laésha to be extremely effective, competent, strong in legal strategy, and has all the characteristics to be, if you will, a ‘lawyer’s lawyer. When acting as counsel to another lawyer (me), someone is watching over every piece of work that is completed, but I don’t think it fazes or intimidates Laésha. She is confident of her abilities and does not have any ego. Laésha gives thoughtful consideration to legal strategy and is open to wide range of ideas. If you need an out-of-the-box solution, she is your go-to lawyer. Not to mention that she is a highly empathetic and relatable lawyer, with just the right touch of professionalism and geniality, which I believe allows her to develop a strong lawyer-client rapport. On the file that she has represented us on, she applies just the right amount of politeness, friendliness, and aggressiveness with the opposing party to get us the results we want.” Building further on the firm’s younger generational headroom, Kelly Ann Maw is developing a vocally devoted fan base amongst peers and clients. “Kelly Ann is diligent and very thorough in ensuring she has ‘covered all the bases’ in terms of the legal issues arising in a particular situation,” declares a client. “I have been extremely impressed by her attention to detail and strategic thinking. I have also seen her on her feet in court, and she handles it magnificently.” Another client cheers, “My litigators – specifically Laésha and Kelly Ann – are both excellent lawyers so when they came over to Poulus I agreed to bring my business with them. A lot of firms lack the ‘human’ factor - the bedside manner, if you will. With Kelly Ann and Laésha, I feel actually cared for and made a priority. They take a lot of time to ensure myself and my team are well educated on our options and well prepared. I would highly recommend them.” Smith and Maw Century acted for Real Estate Webmasters in litigation brought concerning a customized web platform. A future star making his debut in this edition of Benchmark, Kyle Thompson is making his mark further bolstering the “next-generation” element of the firm. Smith and Thompson represent a defendant in an action commenced by the BC Securities Commission alleging that the client’s “pump-and-dump” scheme artificially inflated the price of three publicly traded BC companies.

 

The team in Singleton Reynolds’ Vancouver office (now managed by Mark Stacey) is cheered by a client as “excellent at communicating with the client, understanding our wants/needs and coming up with a good strategy to achieve the best outcomes.”  Stephen Berezowskyj is seeing his reputation gain momentum on an annual basis. One local peer cheekily confides, “I’m super annoyed he won’t join us! His knowledge of and dedication to that intersection of insurance coverage and construction is really an enviable sweet spot.” A client calls Berezowskyj a “smart, effective, resolution-oriented lawyer.” David Edinger, whose practice encompasses niches such as entertainment law and labor and employment, also receives client accolades. “He is professional, hard-working, dedicated, and incredibly smart. He is well prepared and presents a fulsome approach in general.” Steve Vorbrodt makes his debut in this edition for his insurance-heavy commercial litigation acumen. “He's a sharp legal mind who thinks outside the box when defending our insureds,” testifies a client. “He's very creative from a legal perspective, he's very attentive and responsive, and he writes excellent reports.” Another commercial lawyer whose practice emphasizes insurance, Dan Barber is building a client fan base offering vibrant review. One raves, “Dan is the epitome of the modern lawyer - approachable, knowledgeable, strategic, diligent, trustworthy. I'd make a joke about cloning himself, but the universe would implode if there were more than one of him!”

Like its Calgary office, Stikeman’s Vancouver shop is also smaller than the firm’s Eastern segment and is similarly in growth mode. It also receives healthy client review. “They managed all aspects of our litigation in a very detailed and thorough manner, maximizing our chancing for a positive outcome,” offers one client. Long recognized for the presence of David Brown, an all-purpose commercial litigator with a local peer following, the Vancouver office benefited from the addition of younger stars Jonathan Buysen and Angela Crimeni, both of whom boast their own respective commercial litigation portfolios and ascending community and client followings.

 

Vancouver’s Whitelaw Twining has been historically known among peers as an insurance defense-focused firm, but it got an infusion of local talent in the commercial and securities space in late 2019 in the form ofPatrick Sullivan, a refugee from the now-defunct boutique Taylor Veinotte Sullivan and considered one of the preeminent securities authorities in Western Canada. “This is a big deal for both sides,” declares one peer, echoing the sentiment of several others. “Just like that, Whitelaw now has a commercial and securities practice, and they got a good group.” Sullivan is engaged for a client in the high-profile securities matter concerning Bridgemark Financial that has “pretty much engulfed every securities lawyer in Vancouver,” according to a peer, “although Pat Sullivan has a real front-and-center position in it.” Another commercial litigator, with a particular niche in insolvency matters, John Fiddick is cheered by a peer as “someone I have all the time in the world for. He’s great.” Amy Peck, who joined the firm in 2019, is also gaining traction. “She is very good,” commends a peer. “She’s on a case for a hotel manager and she has been reasonable, fair, thoughtful, considerate and smart.”