McEwan Partners is a new 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 Q.C., Bob Cooper Q.C., and Craig Dennis Q.C., three nationally- and internationally-recognized litigators, previously practicing at Hunter Litigation Chambers, Cooper Litigation, and Dentons, respectively. 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.
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. The firm is equipped for both complex and straightforward matters, and our lawyers have the experience and judgement to know the difference.
Our firm’s 11 lawyers include seven former judicial clerks – three in the Supreme Court of Canada – and members of the American College of Trial Lawyers, the International Society of Barristers, and Litigation Counsel of America. All six partners are recognized as Litigation Stars or Future Litigation Stars by Benchmark Canada. Our lawyers are have delivered successful results for clients in trials and appeals across Canada, including significant victories at the Supreme Court of Canada. McEwan Partners lawyers are consistently recognized by peer review agencies, including Lexpert, Benchmark, Who’s Who, Canada’s Best Lawyers, and Martindale Hubbell, with recent highlights including ranking among the top 50 trial lawyers in Canada, a 2018 class action lawyer of the year in British Columbia, a 2018 administrative lawyer of the year in British Columbia, a 2018 top 500 leading lawyers in Canada and a 2018 top 100 leading cross-border litigators in Canada.
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, Q.C. is an author of Commercial Arbitration in Canada and contributing author to A Practitioner’s Guide to Commercial Arbitration.
Our lawyers are active in the legal community, regularly contributing to publications and to student and continuing education programs. Ken McEwan, Q.C. is the author of third edition of Sopinka on the Trial of an Action and serves as an adjunct professor of law teaching advanced trial advocacy at the University of British Columbia. Our lawyers are involved in legal organizations, including the Canadian Bar Association (BC Branch) and the Advocates’ Society, both as members, on committees, and in leadership roles.
McEwan Partners’ Representative Experience
Administrative and Public Law: Craig Dennis, Q.C. represented the Mining Associations of British Columbia and Canada as interveners in the judicial review in Federal Court of the Taseko New Prosperity mine environmental assessment in Taseko Mines Limited v. Canada (Environment). Craig’s expertise in this area is reflected in his selection as the Best Lawyers in Canada “Lawyer of the Year” in Administrative and Public Law in Vancouver for 2018.
Class Actions: Ken McEwan, Q.C. and Eileen Patel successfully represented one of the defendants in an alleged price-fixing conspiracy in Sun-Rype Products Ltd. v. Archer Daniels Midland et al. The case went before the Supreme Court of Canada and was part of a precedent-setting trilogy of cases in the area of competition law, leading to the recognition of the case by Lexpert magazine as one of the top 10 business cases of 2013. Lexpert and Best Lawyers recognize Ken McEwan Q.C. and Craig Dennis Q.C. as leaders in the area of class actions, and Best Lawyers named Ken McEwan Q.C. its class actions lawyer of the year in Vancouver for 2018.
Commercial: Both at trial and on appeal in Maxam Opportunities Fund Limited Partnership v. 729171 Alberta Inc., Bob Cooper, Q.C. led a successful defence on behalf of a company against whom it was alleged that there existed an obligation to burrow funds from the plaintiff.
Competition/Antitrust: Ken McEwan, Q.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.
Constitutional: Our lawyers have appeared as counsel in leading constitutional cases before the Supreme Court of Canada, including Law Society of British Columbia v. Mangat, and British Columbia v. Imperial Tobacco Canada Ltd.
Corporate and Shareholder: In Arkansas Teachers Retirement System v. Lions Gate Entertainment Corp., Ken McEwan, Q.C. and Emily Kirkpatrick successfully defeated a shareholder application to bring a derivative action against current and former directors and officers of Lions Gate.
Insolvency and Restructuring: Owen James acted for the successful appellant in Century Services Inc. v. Canada (Attorney General), in which the Supreme Court of Canada for the first time directly interpreted key provisions of the Companies’ Creditors Arrangement Act.
Product Liability: Our lawyers, including Ken McEwan, Q.C. and Craig Dennis, Q.C., have acted in significant product liability cases on behalf of DaimlerChrysler, Minnesota Mining and Manufacturing Company (3M), Imperial Tobacco, and British American Tobacco, among others. Ken and Craig are consistently recognized in this area, with Ken having been recently described by Who’s Who Legal: Product Liability for 2018 as “incredibly skilled” and “a practitioner who consistently impresses clients with his encyclopaedic knowledge.”
Real Estate: In Basha Sale Co. Ltd. v. Adera Equities Inc., Ken McEwan, Q.C. successfully led the defence of a claim by owners of a residential development against the developer and adjacent property owners for additional parking stalls in a shared underground parking facility. The claim was dismissed after summary trial, and special costs awarded in favour of the defendants.
Securities: In Aurizon Mines Ltd. v. Northgate Minerals Corporation, Ken McEwan, Q.C. was successful in upholding a standstill agreement and enjoining a take-over bid of the plaintiff, 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.
Last updated March 2018