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. Over the years, 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 legal and regulatory challenges and opportunities. Mutual respect and independent thought are cornerstones of client and colleague interactions. Bennett Jones is proud to have been recognized for 20 consecutive years as one of Canada’s Best Employers.
Updated March 2023
Nathanson, Schachter & Thompson LLP is consistently recognized as one of Canada’s leading litigation and dispute resolution firms.
Established to provide trial, appellate, and alternative dispute resolution advocacy at the highest level to clients facing complex disputes, NST has carefully expanded its team which includes leading counsel at all levels, including five King’s Counsel and the next generation of top-ranked partners: James C. MacInnis, K.C., Mark S. Oulton, Karen L.M. Carteri, Peter R. Senkpiel and Julia K. Lockhart. The firm also boasts a group of associates made up of former clerks and gold medalists.
NST’s partners are ranked as leading practitioners in Lexpert, Best Lawyers, Chambers and Partners, and Benchmark. NST was again selected as one of Canada’s Top 10 Civil Litigation Boutiques by Canadian Lawyer in 2022 and was included in the Globe and Mail’s list of Canada’s Best Law firms in 2021 and 2022. In addition to its work for clients, the firm’s lawyers serve as adjunct professors at the Allard School of Law (UBC); write chapters in texts on Business Torts, Government Liability, and the Annual Review of Law and Practice; frequently speak at continuing legal education events; and co-author the annual British Columbia Supreme Court Rules Annotated, and The Civil Appeal Handbook.
The firm acts regularly in some of British Columbia and Canada’s most significant cases across the full range of commercial matters, including contract disputes, shareholders’ disputes, securities and oppression claims, real estate development and property disputes, hostile take-over bids and derivative actions, administrative proceedings, actions for professional negligence, defamation actions and employment disputes, class actions and representative proceedings, forestry, resources and mining claims. NST’s clients include successful private and public companies, many of whom are referred to us by leading Canadian and international law firms.
Representative Work: A few of the firm’s practice areas and representative cases include:
Recent Commercial/Civil Disputes: In Concord Pacific Acquisitions Inc. v. Oei, the firm successfully defended a claim in excess of $350 million brought by Concord Pacific against the three named defendants, including renowned Singaporean businessman, Hong Leong Oei. In Wastech Ltd. v. GVS&DD, 2021 SCC 7, NST partners Irwin Nathanson K.C. and Julia Lockhart acted for Metro Vancouver in a case with important implications for all contracts that provide one party with discretionary powers, building on the Supreme Court of Canada’s decisions in Bhasin. In Great Canadian Gaming Corporation v. British Columbia Lottery Corporation, the firm represented Great Canadian in a $35 million commercial dispute, achieving settlement on the eve of a nine week trial. NST acted on behalf of the Vancouver Aquarium in Ocean Wise Conservation Association v. Vancouver Board of Parks and Recreation in a dispute regarding breach of contract and municipal law relating to animals in captivity. NST is also currently acting in two high profile civil forfeiture matters.
In addition, Murray Clemens K.C. actively arbitrates and mediates a wide variety of commercial disputes.
Forestry and Resources: This year, NST has welcomed leading litigator Mark Oulton to the partnership. Mark has extensive experience at trial, on appeal, and before administrative tribunals in a range of commercial litigation and administrative law matters, with a particular focus on forestry and commercial disputes. Mark is recognized as a leading practitioner of forestry law in British Columbia and nationally, by Lexpert and Chambers Canada, as well as being recognized by Best Lawyers in the area of natural resources law. NST recently acted in a matter involving the Mineral Tenure Act, Skeena Resources Ltd. v. Mill, 2022 BCSC 1360 and 2022 BCSC 2032, which contributes to the limited jurisprudence on the issue of title to mine tailings under the province’s Mineral Tenure Act, and addresses the proper scope of participation by both public interest interveners and administrative decision-makers.
Insolvency and Restructuring: NST also has an active bankruptcy and insolvency practice headed by Peter Reardon. Peter has been twice recognized by Best Lawyers Canada as Lawyer of the Year for Insolvency and Restructuring in Vancouver, including for 2020 and regularly acts for trustees, receivers, financial institutions and other creditors as well as for debtors and other stakeholders in restructuring, insolvency and bankruptcy matters.
Human Rights Law: In 2020 and 2021, Karen Carteri acted pro bono for a group of families seeking visitation rights for loved ones in long term care during the pandemic. In 2019, Peter Senkpiel acted for an intervenor, the Canadian Professional Association for Transgender Health, before the BCCA in A.B. v. C.D.
Property Disputes: NST regularly acts for major property developers in development and project and land interest disputes, and in other property related claims and disputes. In a recent arbitration, the firm successfully acted for a partner in a dispute relating to partnership interests in and valuation of a property development involving lands worth over $100 million.
Recognition:
Updated March 2023
Eyford Partners is a preeminent British Columbia litigation boutique. With offices in Vancouver and Kelowna, our firm advises clients provincially, nationally, and internationally.
Our lawyers have been repeatedly recognized in Benchmark Litigation, Chambers Canada, Best Lawyers™, Litigation Counsel of America, Lexpert®, and other publications of note.
Eyford Partners pairs the best of big law— the readiness to take on complex mandates, the commitment to legal excellence—with highly responsive service. We are an agile boutique, attuned to the needs of our clients.
Our lawyers have a proven record of success in advancing and defending complex claims. We are adept at every level of the process, from negotiations through to trial and appeal. Should a dispute proceed to litigation, our litigators have extensive advocacy experience. We have appeared at every level of court in Canada, served as counsel in landmark decisions, and secured a reputation as litigators and appellate counsel that can deliver when it matters most.
Practice Areas:
Appeals & Judicial Review — Our firm includes appellate counsel who have made civil appeals their professional focus. The depth of our experience in appeals is unparalleled in British Columbia. Our firm is generally retained when matters proceed on appeal, and most frequently represents clients in the Court of Appeal for British Columbia challenging or defending decisions of the Supreme Court of British Columbia. Our lawyers have also appeared as counsel in the Supreme Court of Canada and judicial review proceedings from decision-makers such as municipal councils, regulators, and other administrative bodies.
Arbitration & Mediation — Our mediation and arbitration counsel have dedicated decades to honing their skills in this specialized area of law. Through creative problem-solving, we help clients to resolve disputes, preserve valuable relationships, and avoid costly trials. Our lawyers also regularly accept appointments as neutrals in arbitrated and mediated matters.
Business Disputes — From our offices in Vancouver and Kelowna, our commercial litigation lawyers provide strategic advocacy to clients, nationally and internationally. We have acted for a range of clients, from established global businesses to governments to entrepreneurs operating locally. While our goal is always to obtain a favourable resolution at the earliest opportune moment, we are more than prepared to advocate for our clients’ interests in court. We have appeared at every level of court in British Columbia—our record of success speaks for itself. Our litigators are highly sought out for their expertise in such complex areas as:
Class Actions: We represent defendants in proceedings involving medical and consumer products, deceptive/misleading marketing, and government and institutional negligence. We have the benefit of having acted for both defendants and plaintiff; this allows us to anticipate strategies employed by both sides.
Construction: We have a well-deserved reputation as problem-solvers. Our knowledge of closely related areas, such as construction insurance and surety bonds, and municipal law and expropriation, allows us to craft comprehensive solutions.
Employment: We advise businesses in B.C. and companies operating across Canada and internationally, helping them protect their commercial interests, their confidential information, and their public reputations.
Professional Regulation: We have developed in-depth experience in this specialized area, representing both professionals and regulatory bodies in many industries, including securities, legal, engineering, clergy, nursing, real estate, and healthcare.
Municipal Litigation & Expropriation — We have successfully represented property owners, including homeowners, developers, and farmers, as well as local and international businesses, local governments, and Crown corporations on a wide range of municipal and expropriation matters. Our lawyers have appeared as counsel at every level of court in British Columbia as well as the Supreme Court of Canada. They also frequently appear before City Councils and administrative tribunals, including Boards of Variance.
Indigenous Consultation & Reconciliation —We support First Nations, domestic and foreign business, and government clients with strategic counsel and advocacy by drawing on our extensive experience in negotiations and litigation. Our lawyers have acted as counsel in high-profile aboriginal litigation proceedings, led engagement with Aboriginal groups on the review and reform of comprehensive land claims policy, served as chief federal negotiators for the Government of Canada, and advised the Prime Minister of Canada about Aboriginal participation in the development of oil and natural gas pipelines.
Insurance — We defend liability claims brought against insurers and the insured in a wide variety of dynamic industries. Insurers can depend on our litigators for clear guidance in cases involving coverage disputes. We have appeared as counsel at every level of court and tribunal in British Columbia and our clients include both Canadian and internationally-based insurers in the US and the UK. International insurers know that they can depend on our skilled litigators to actively defend their interests in British Columbia.
Securities Regulation — Eyford Partners acts for public companies, directors, officers, brokerage firms, investment advisors, and mutual fund sales professionals in complex securities litigation in the courts and before regulatory bodies. Drawing on our years spent in leadership positions at regulatory authorities, we move decisively to protect our clients’ interests, ability to operate, and reputations from litigation and regulatory action. If engaged early on, we are often able to protect against a notice of hearing being issued by regulatory authorities, which—regardless of the final verdict—can be devastating to the professional reputations of market participants. We also counsel clients in responding to inquiries from regulatory authorities.