Bennett Jones is consistently recognized for its expertise in domestic and cross-border litigation. The firm is known for its uncompromising strength in the areas of competition and antitrust, securities, class actions, energy, commercial, intellectual property, fraud, construction, restructuring/insolvency, employment, health, and professional negligence litigation and has prominent practitioners in alternate dispute resolution, including international commercial arbitration. We are committed to working with our clients to develop an effective and cost-efficient strategy to identify and achieve their unique goals in the prosecution and defense of business disputes.
With more than 100 lawyers practicing commercial litigation nationally, Bennett Jones litigators have significant experience in all aspects of dispute resolution, and have leading reputations before courts and tribunals. We represent some of Canada's largest corporations, including energy producers, and technology and telecommunications companies, and are skilled in conducting commercial arbitrations, including those involving issues in the oil and gas, mining and construction industries. Our litigation practice is supported by the considerable strength of our appellate advocacy and judicial review practice which provides clients and referring counsel with specialized and strategic advice on all aspects of cases on appeal or under judicial review.
We are frequently retained by major domestic and international corporations in the defense of class actions. Representing parties at every stage of the lawsuit, from pre-certification motions and applications through to trial, we bring to each phase coordinated strategies and effective communications to streamline the litigation process. We also advise clients on mitigating their class action risk and proactively monitor trends in prospective class action developments.
Recognizing that many disputes are settled prior to trial, our commercial and technical expertise provides another valuable set of skills to the negotiation and settlement of litigation. Our team approach ensures that we provide the most timely, effective and innovative support to our clients. Our lawyers' reputations, contributions to Canadian case law, and distinguished history of service have resulted in top rankings in all major legal directories for many of our litigators, in a multitude of litigation practice areas.
Firm Culture:
Bennett Jones reflects the integrity and professional excellence of the firm’s Founding Partners. After more than 100 years of service, the firm has produced some of Canada’s most accomplished legal and business leaders, fostering values that established it as one of Canada’s most successful business law firms. The firm prides itself on offering clients innovative, strategic and forward-thinking approaches to their most complex legal and regulatory challenges and opportunities. Bennett Jones promotes a diverse and inclusive work environment where mutual respect and independent thought lead client and colleague interactions. Bennett Jones is proud to have been recognized for 23 consecutive years as one of Canada’s Best Employers.
McEwan Partners is a litigation boutique with a focus on complex corporate, commercial, and securities matters. Formed in the fall of 2017, the firm is headed by Ken McEwan K.C., Bob Cooper K.C., and Emily Kirkpatrick, three nationally and internationally recognized litigators. The firm’s lawyers share a dedication to exceptional advocacy, professionalism, rigourous legal analysis, and business-minded practicality. Just six months after its inception McEwan Partners was the recipient of Benchmark Canada’s Litigation Boutique of the Year award for 2018, an honour repeated in 2019 and 2021. Benchmark Litigation has also recognized McEwan Partners as 2020 and 2022 BC Firm of the Year and 2021 BC Litigation Firm of the Year, and our partners are recognized as Litigation Stars or Future Litigation Stars.
Although our litigation expertise is broad, the firm’s primary focus is on business disputes. Most of our lawyers have experience in full-service corporate commercial firms, working closely with business lawyers on complex securities and corporate litigation and arbitration. We strive to understand our clients’ businesses and to deliver practical results tailored to their interests.
Our firm’s lawyers include former judicial clerks and members of the American College of Trial Lawyers, the International Society of Barristers, and International Academy of Trial Lawyers. Our lawyers have delivered successful results for clients in trials and appeals across Canada, including significant victories at the Supreme Court of Canada. Our recent highlights including rankings among the top 50 trial lawyers in Canada, 2019 and 2022 Lawyer of the Year, and 2019 and 2020 Litigator of the Year.
In addition to all our lawyers acting as counsel, our senior lawyers also arbitrate and mediate disputes. Two are members of the Chartered Institute of Arbitrators and Ken McEwan, K.C. is an author of Commercial Arbitration in Canada and contributing author to A Practitioner’s Guide to Commercial Arbitration.
McEwan Partners’ Representative Experience:
Administrative and Public Law: Ken McEwan, K.C., Bob Cooper, K.C., and Emily Kirkpatrick have acted for and against a range of administrative bodies in regulatory tribunal hearings, judicial review proceedings, administrative appeals, and constitutional challenges, particularly in the professional regulatory sphere.
Class Actions: Our lawyers have expansive, precedent-setting experience in class actions across a wide range of disputes. Lexpert and Best Lawyers recognize Ken McEwan,
K.C. as a leader in the area of class actions, and Best Lawyers named Ken its class actions lawyer of the year in Vancouver for 2018. Ken, Bob Cooper, K.C. and Emily Kirkpatrick each do both plaintiff and defendant work.
Commercial: Commercial litigation is the core of our practice. In Este v. Esteghamat-Ardakani, Ken McEwan K.C. and Emily Kirkpatrick successfully upheld a ruling obtained at trial that the plaintiff ’s claim amounted to an abuse of process due to the taking of inconsistent positions. Both at trial and on appeal in Maxam Opportunities Fund Limited Partnership v. 729171 Alberta Inc., Bob Cooper, K.C. led a successful defence on behalf of a company against whom it was alleged that there existed an obligation to borrow funds from the plaintiff.
Competition/Antitrust: Ken McEwan, K.C. successfully led the defence of Fortress Paper Ltd. and Fortress Specialty Cellulose Inc. against a claim alleging knowing assistance in breach of trust, breach of confidence, and inducing breach of contract in Sateri (Shanghai) Management Ltd. v. Vinall.
Corporate and Shareholder: Our lawyers have represented shareholders and public and private corporations in a range of matters relating to corporate governance, oppression claims, derivative actions, and challenges to corporate control. In Rogers v. Rogers Communications Inc., Ken McEwan, K.C. and Emily Kirkpatrick successfully represented the authorized representative of the majority shareholder in a dispute as to the validity and effectiveness of a consent resolution to remove and replace five of the company’s board members. Benchmark recognized the case as a 2022 Impact Case. In Arkansas Teachers Retirement System v. Lions Gate Entertainment Corp., Ken and Emily successfully defeated a shareholder application to bring a derivative action against current and former directors and officers of Lions Gate.
Insolvency and Restructuring: Our lawyers have acted for debtors, creditors, and other stakeholders in both restructuring and collections matters.
Product Liability: Our lawyers have acted in significant product liability cases on behalf of Daimler Chrysler, Minnesota Mining and Manufacturing Company (3M), and Imperial Tobacco, among others. Ken McEwan, K.C. is consistently recognized in this area, having been described by Who’s Who Legal: Product Liability for 2018 as “incredibly skilled” and “a practitioner who consistently impresses clients with his encyclopedic knowledge.”
Real Estate: Our lawyers have acted for developers and owners in a range of property-related disputes. In The Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corporation, Ken McEwan, K.C. and Emily Kirkpatrick successfully represented the respondent at the Supreme Court of Canada in a case addressing the test for pre-incorporation contracts and the rights and obligations arising for the covenants in those agreements, as they apply to strata corporations.
Ken, Bob Cooper, K.C., and Emily have similarly acted in cases concerning the interpretation of the Real Estate Development Marketing Act (Bison Properties Ltd. (Re)), the priority and charge schemes under the Land Title Act (Bison Properties Ltd. (Re) and Yi Teng Investment Inc. v. Keltic (Brighouse) Development Ltd.), the relief from forfeiture provisions in the Law and Equity Act, in the context of commercial leases (Hudson’s Bay Company ULC v. Pensionfund Investment Ltd.), and the wind-up provisions under the Strata Property Act (Owners, Strata Plan VR2122 v. Bradbury).
Securities: Our lawyers are recognized for their expertise in litigating securities-related disputes. Recently, Ken McEwan, K.C., and Emily Kirkpatrick successfully defended one of two shareholder groups against allegations by the incumbent board that they were unlawfully acting jointly or in concert with others in a take-over bid, among other allegations (DIRTT Environmental Solutions Ltd. (Re)) and represented the successful appellant in a case establishing the requirements for the BC Securities Commission to obtain and maintain freezing orders under the Securities Act (Party A v. BC (Securities Commission)). In Aurizon Mines Ltd. v. Northgate Minerals Corporation, Ken successfully upheld a standstill agreement and enjoined a take-over bid both at summary trial and on appeal. Extraordinarily, the time from the commencement of the action, through trial and appeal, and to the appeal judgment was 28 days.
Guild Yule LLP traces its origins back to 1926. For nearly 100 years we have maintained our reputation as a firm which offers the highest quality professional services. Known for our strength and experience in insurance coverage and defence, and related litigation matters, we work to maintain the values and standards set by earlier generations of counsel. We are comprised of a dynamic group of lawyers who practice law in a spirit of collegiality; proud of our past, committed to maintaining the trust of our clients, and continuing to earn the respect of our peers.
In addition to Benchmark Litigation, our work has earned us peer recognition in Lexpert, Martindale Hubbell and Best Lawyers in Canada publications.
We have considerable experience in a wide range of areas of litigation including the following: