Summary

BLG’s Appeal and Review Group offers clients the specialized skills necessary to deliver superior results. Our Group represents clients in every area of substantive law and level of court including the Supreme Court of Canada.

The Group comprises lawyers and professionals across Canada with extensive experience in appeals and review applications. The strength of BLG’s expertise is supported by our team of leading practitioners, retired appellate judges and former judicial law clerks. We offer a fresh look at existing client disputes from an appellate perspective, using incisive analysis to identify what is essential and set aside the rest.

The Firm’s leading performance in this practice area has positioned us to advise clients on trial issues, as well as provide consultations to outside counsel. BLG’s expertise has also been solicited to provide counsel in high-complexity appellate matters by institutional clients. Whatever service you require, we are well-equipped to exceed your expectations.

Publications

  • Angus M. Gunn, Jr. (Co-Author), British Columbia Administrative Law Practice, Continuing Legal Education Society of British Columbia, 2012.
  • Patrick G. Foy, QC, “Issues Facing Industry in the Consultation Process,” Aboriginal Law: Current Issues, Pacific Business & Law Institute, March 2012.
  • Angus M. Gunn, Jr. (Rapporteur), “New York Convention Workshop,” International Bar Association (IBA) 2010 Annual Conference and IBA’s Arbitration News, March 2011.
  • Patrick G. Foy, QC, and Angus M. Gunn, Jr., “Personal Injury Case Law Update 2005-2006: Court of Appeal for British Columbia and Supreme Court of Canada,” CLE BC Personal Injury Conference, 2006.
  • Patrick G. Foy, QC, “Effectiveness of NAFTA’s Chapter 11 Investor-State Arbitration Procedures” (2003) 18 ICSID Rev. FILJ 44.
  • Patrick G. Foy, QC, and Robert J. C. Deane, “Foreign Investment Protection under Investment Treaties: Recent Developments under Chapter 11 of the North American Free Trade Agreement” (2001) 16 ICSID Rev.—FILJ 299.

Rankings & Recognitions

The Appeal and Review Group or its members are recognized in:

  • The 2017 edition of The Best Lawyers in Canada®.
  • The 2017 edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys.

Representative Work

  • L.L.A. v. A.B., [1995] 4 S.C.R. 536: represented a number of institutions before the Supreme Court of Canada in a case that clarified the extent of their obligations to disclose medical and therapeutic records related to complainants in a sexual assault criminal proceeding. Athey v. Leonati, [1996] 3 S.C.R. 458: represented the respondent in the Supreme Court of Canada on what has become a leading Canadian case on the law of causation.
  • Adams Lake Indian Band v. Lieutenant Governor in Council, 2012 BCCA 333.
  • Ashcroft v. Dhaliwal, 83 BCLR (4th) 279, 2008 BCCA 352, leave to appeal refused, [2009] 1 SCR v: appeal from assessment of damages where tort damages for “indivisible loss” reduced by settlement amount paid to plaintiff by later tortfeasor.
  • Beattie v. Canada, 2001 FCA 309: responded to an appeal from the dismissal of a claim for compensation arising out of the federal Crown's alienation between 1948 and 1956 of mineral rights on a surrendered Indian reserve.
  • Bradley v. Bath, 1 BCLR (5th) 228, 2010 BCCA 1: appeal from judge-alone rejection of contributory negligence defence and assessment of damages for non-pecuniary and pecuniary losses.
  • Ciolli v. Galley, 15 BCLR (5th) 303, 2011 BCCA 106: appeal from jury assessment of damages in personal injury action, including largest assessment of damages for non-pecuniary loss in Canadian history.
  • Colborne Capital Corp. v. 542775 Alberta Ltd. (1999), 69 Alta. L.R. (3d) 265 (C.A.): represented several oil and gas companies, obtaining an award of $1,815,000 in damages for interference with economic relations and contractual rights, abuse of process, and breach of fiduciary duty.
  • Committee for the Equal Treatment of Asbestos Minority Shareholders v. Ontario (Securities Commission), 2001 SCC 37: represented a committee of minority shareholders in a challenge to the decision of the Ontario Securities Commission, declining to exercise its public interest jurisdiction in connection with Quebec's acquisition of a large resource corporation.
  • DirecTV, Dish Network, Bell ExpressVu v. Rex, 2012 BCCA 161.
  • Kitkatla Band v. British Columbia (Ministry of Small Business, Tourism and Culture) (pending): representing forest company in Supreme Court of Canada judicial review challenge to validity of provincial heritage conservation legislation.
  • Lax Kw'alaams Indian Band v. Canada (A.G.), 2011 SCC 56.
  • Lee v. Dawson, 51 BCLR (4th) 221, 2006 BCCA 159, leave to appeal refused, [2006] 2 S.C.R. ix: whether Canadian common law upper limit on damages for non-pecuniary loss inconsistent with Charter values.
  • M. v. H., [1999] 2 S.C.R. 3: acted before the Supreme Court of Canada in one of the first cases testing the constitutionality of a statutory definition of "spouse".
  • Named Person v. Vancouver Sun, [2007] 3 S.C.R. 253, 2007 SCC 43: applicability of Dagenais/Mentuck test to application by alleged police informer to have extradition hearing proceed in camera.
  • Nanaimo (City) v. Rascal Trucking Ltd., [2000] 1 S.C.R. 342: represented the respondent in the Supreme Court of Canada in what has become a leading Canadian municipal law case.
  • Nichols v. American Home Assurance Co., [1990] 1 S.C.R. 801: represented the insurance company before the Supreme Court of Canada in one of the leading Canadian "duty to defend" cases.
  • Reference Re: An Act to Amend the Education Act (1986), 53 O.R. (2d) 513 (C.A.): acted for an alliance of Ontario schools in litigation over the constitutionality of legislation that provided full funding for Roman Catholic separate high schools.
  • Sappier, R. v.; R. v. Gray, [2006] 2 SCR 686, 2006 SCC 54.
  • Schmidt v. Air Products Canada Ltd., [1994] 2 S.C.R. 611: appeared before the Supreme Court of Canada in a leading case involving surplus monies in an amalgamated company's contributory defined benefits plan.
  • Skopnik v. BC Rail Ltd., 82 BCLR (4th) 313, 2008 BCCA 331, leave to appeal refused, [2008] 1 SCR xii: appeal from a finding of liability in negligence under British Columbia occupiers’ liability legislation.
  • Starr v. Houlden, [1990] 1 S.C.R. 1366: appeared before the Supreme Court of Canada in a case raising constitutional issues regarding a public inquiry into the conduct of the president of a registered charity.
  • Townsend v. Kroppmanns, [2004] 1 SCR 315, 2004 SCC 10.
  • United Mexican States v. Metalclad Corp. (2001), 89 B.C.L.R. (3d) 359 (S.C.): represented Mexico in the first application to set aside a NAFTA chapter 11 investor state arbitration award.
  • Wewaykum Indian Band v. Canada, [2003] 2 SCR 259, 2003 SCC 45: test for judicial bias in Canada.
  • William v. British Columbia, 2012 BCCA 285.