British Columbia

Fraser Litigation

Firm overview

At Fraser Litigation Group, we understand businesses - their objectives, legal requirements and, above all, need for real-world, cost-effective solutions. With a focus on exceptional customer service, our highly experienced and multi-faceted legal team delivers these solutions, providing comprehensive commercial dispute resolution services to institutional and corporate clients of all sizes and to individuals. Our legal professionals come from diverse geographic and professional backgrounds, including corporate, business, engineering and hi-tech, to offer our clients unparalleled expertise.

We listen attentively to our clients and ask the right questions to get to the bottom of a dispute and to understand their needs and objectives. From the outset, we provide our clients with an assessment of their dispute, strategic and innovative options, and associated costs. At the heart of our firm is a commitment to delivering effective solutions, maximizing value and minimizing the disruptions to operations.

We have decades of combined experience in all aspects of commercial dispute resolution, including litigation, arbitration, mediation and negotiated settlements. Where litigation or arbitration is pursued, we do so vigorously and effectively, while always maintaining focus on our practical objectives.

The team at Fraser Litigation Group is known industry-wide for its intellectual rigor, work ethic and exceptional customer service. Other lawyers, as well as current and former clients, refer many of our clients to us because they have confidence in our strategic acumen and ability to deliver results. We represent clients that are based in Vancouver, throughout Canada, the United States and across the globe.

McMillan

Firm overview

As a leading business law firm, McMillan LLP serves public, private and not-for-profit clients across key industries in Canada, the United States and internationally. With recognized expertise and acknowledged leadership in major business sectors, we provide solutions-oriented legal advice through our offices in Vancouver, Calgary, Toronto, Ottawa and Montréal.

To help organizations stay ahead, we provide exceptional industry insights in transportation, technology and technology transactions, infrastructure and construction, and natural resources and energy. Whether it’s a cross-border transaction, a complicated private equity deal, complex real estate financing, or a bet-the-company lawsuit or regulatory dispute, by fostering a supportive workplace culture, McMillan’s 300+ lawyers serve clients with excellence and responsiveness, delivering the real-time solutions they need.

Our firm values - respect, teamwork, commitment, client service and professional excellence - are at the heart of McMillan’s commitment to serve our clients, our local communities and the legal profession. Among other industry and professional accolades, we are proud to be named Canada’s Top 100 Employers 2024, one of only two law firms recognized in this prestigious competition.

About our Litigation & Dispute Resolution Group

With an impressive track record in domestic and cross-border litigation, McMillan’s lawyers are recognized for their creativity and effectiveness in bringing disputes to satisfactory conclusions, both inside and outside the courts. And with specialists in key areas such as competition, intellectual property, real estate, securities and others, our litigators always strive to deliver a complete solution—no matter the nature of your corporate or commercial disputes.

As experienced litigators, we always assess risk and opportunities before advising clients on the likelihood of success and helping them weigh their options. We also understand that litigation is not always the preferred option, and help clients pursue a full range of resolution avenues including early negotiated settlements and alternative dispute resolution methods. If we proceed to court, however, we are recognized for our ability to tenaciously advance our clients’ commercial interests.

Dennis Dawson James Aitken

Firm overview

Dennis Dawson James Aitken LLP (djacounsel.com) is an established litigation boutique serving clients within British Columbia, across Canada and internationally.

Our lawyers are experienced litigators who are well-known and well-regarded. We appear as counsel at all levels of court and are regularly recognized by industry publications as leading counsel with broad experience and expertise. We take pride in bringing our experience, judgment, research skills and strong work ethic to each and every brief we take.

McEwan Partners

Firm overview

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.

Rankings

Dispute resolution

Highly Recommended

Recommended