Brad W. Dixon  

Partner

Executive Summary

Brad Dixon is a member of our commercial litigation group and National Co-Chair of our Class Actions Group, providing strategic direction and coordination of the group across Canada. Recognized as a leading lawyer in these areas of law by the foremost legal rankings directories, Brad has extensive experience in complex commercial litigation. He has successfully defended numerous class actions against leading Canadian and multi-national corporations.

Appearing in all levels of courts and acting as counsel in arbitrations, Brad has dealt with a broad range of disputes involving — among other things — contract claims, shareholder and partnership disputes, product liability and warranty claims, disputes over real property interests or priorities, various types of consumer law claims, competition law claims, and claims raising constitutional and other public law issues.

Representative Work

  • Kirk v. Executive Flight Centre Fuel Services Ltd. et al, British Columbia Court of Appeal, appeal taken from the certification of claims relating to a fuel spill into waterways; certification order set aside, potential common issues limited and remitted for reconsideration as to whether a class action is the preferable procedure.
  • Simsek v. United Airlines, Inc. (sub nom Ozturkler v. British Airways PLC), British Columbia Court of Appeal, successful defence of a certification application and appeal in a claim brought against British Airways PLC alleging that British Airways (and other airlines) had misrepresented fuel surcharges as taxes in their passenger ticketing practices.
  • Sekhon v. Royal Bank and others, defended The Bank of Nova Scotia in a consumer class action claim relating to sales of balance protection insurance. Certification application dismissed.
  • Tangerine Financial Products Limited Partnership v. The Reeves Family Trust, British Columbia Court of Appeal, successful appeal on behalf of Scotiabank and Tangerine Bank, obtaining dismissal of an application to enjoin use of the name Tangerine Bank.
  • Watson v. Bank of America Corporation et al, British Columbia Court of Appeal, represented Scotiabank on appeal from certification of class action. Judgment varied.
  • Marshall v. United Furniture Warehouse Limited Partnership, et al, British Columbia Court of Appeal. Defended a national retailer against a consumer class action. Certification application dismissed. Result affirmed on appeal. Leave to appeal to Supreme Court of Canada denied.
  • Koubi v Mazda Canada Inc. et al, British Columbia Court of Appeal. Defended a distributor and its authorized BC dealers against a consumer class action seeking disgorgement of profits based on waiver of tort. Successfully obtained reversal on appeal of certification; proceeding dismissed as disclosing no cause of action. Leave to appeal to Supreme Court of Canada denied.
  • Gary Jackson Holdings Ltd. v. Eden and others, British Columbia Supreme Court. Acted for lenders in successfully opposing certification of claim by investors in failed development company.
  • Chartrand v. General Motors Corporation, British Columbia Supreme Court. Dismissal of application for certification of a proposed class action.
  • CareVest Capital Inc. v. Chychrun and others, British Columbia Supreme Court. Obtained dismissal of negligence claims by pre-sale strata lot purchasers against project lender on developer’s failure to complete development of a subdivision; subsequently obtained dismissal of claims to priority interest by pre-sale purchasers). Please also see: http://www.courts.gov.bc.ca/Jdb-txt/SC/08/11/2008BCSC1138.htm.
  • Benning v. Volkswagen Canada, British Columbia Supreme Court. Obtained dismissal of application for certification of a proposed class action.
  • Dahl v. Royal Bank and others, Court of Appeal for British Columbia. Affirming pre-certification dismissal of a proposed class action.
  • Ernewein v. General Motors, Court of Appeal for British Columbia. Reversal of certification order, application for leave to appeal dismissed by Supreme Court of Canada.
  • Nanaimo Immigrant Settlement Society v. Province of British Columbia, Court of Appeal for British Columbia. Affirming dismissal of a class action on summary trial of common issues; application for leave to appeal dismissed by Supreme Court of Canada.

Publications & Presentations

  • Co-Author, "Class and Collective Actions in Canada," Lexology Guide, November 27, 2018.
  • Co-Author, "British Columbia Government Announces Proposed Changes to Class Proceeding Act," BLG Bulletin, April 2018.
  • Speaker, "Post Certification but Pre-Trial...,"14th National Symposium on Class Actions, Osgoode, Toronto April 6-7, 2017.Speaker, "Cross-Country Check-Up: Western Canada," Ontario Bar Association, 7th Annual Class Actions Colloquium, Toronto, December 1, 2015.
  • Co-Author, "A Changing Landscape in Consumer Class Actions in British Columbia (and Beyond)," Class Action Defence Quarterly,  Vol.10, No. 2, (LexisNexis) December 2015.
  • Speaker, "Consumer Class Actions," Class Actions Forum West, Canadian Institute, May 21 2015.
  • Co-author, "Lack of Commonality Precludes Consumer Class Certification Says B.C. Court of Appeal," June 2015.
  • Speaker, "Canadian Class Action Update," Defence Research Institute (DRI), Strictly Automotive Seminar (Dearborn, MI), September 19 and 20, 2013.
  • Speaker, "Important Developments and Trends in Recent Product Liability Class Action Litigation:  How It Impacts Your Company," Canadian Institute’s Forum on Consumer Product Safety, Liability & Recalls (Toronto, ON), June 17, 2013.
  • Speaker, "Class Action Ethics," Western Canadian Class Action Conference (CLE BC), January 2013.
  • Quoted in "Why Class Actions Create Ethical Minefields," The Lawyers Weekly, August 2011.
  • Speaker, "Shareholders’ Remedies / Oppression Class Proceedings," The Continuing Legal Education Society of British Columbia (CLE BC), June 2011.
  • Speaker, Osgoode Hall Professional Development Class, Action Ethics - 8th National Symposium on Class Actions, April 28 & 29, 2011.
  • Speaker, "Top 10 Ethical Questions in Class Actions," CLE BC Western Canadian Class Actions Conference, 2009.
  • Speaker, "Cross-Country Check-up," The Canadian Institute’s 8th Annual National Forum on Class Actions Litigation entitled "British Columbia Class Proceedings:  A Year in Review," September 2007.

Rankings & Recognitions

  • Recognized in the 2020 edition of Chambers Canada – Canada's Leading Lawyers for Business (Dispute Resolution: Class Action (Defence), Litigation: General Commercial-BC). 
  • Recognized as a Lawyer of the Year in the 2020 edition of The Best Lawyers in Canada® (Vancouver, Class Action Litigation).
  • Recognized in the 2020 (and since 2006) edition of The Best Lawyers in Canada® (Class Action Litigation, Corporate Commercial Litigation, Product Liability).
  • Recognized in the 2019 (and since 2011) edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star: British Columbia" and a "Litigation Star: Class Actions, Commercial, Product Liability." 
  • Recognized in Chambers Global — The World’s Leading Lawyers for Business (Dispute Resolution — British Columbia, Dispute Resolution — Class Action (Defence)).
  • Recognized in Who's Who Legal: Canada (Product Liability Defence).
  • Named as The Best Lawyers in Canada® 2015 Vancouver Class Action Litigation "Lawyer of the Year".
  • Recognized in Chambers Canada — Canada's Leading Lawyers for Business (Dispute Resolution: British Columbia, Dispute Resolution: Class Action (Defence)).
  • Recognized in the 2019 edition (and since 2013) of Canadian Legal Lexpert® Directory (Class Actions).
  • Recognized in The Lexpert® Guide to the Leading U.S./Canada Cross-Border Litigation Lawyers in Canada.
  • Martindale-Hubbell® Distinguished 4.4 out of 5 Peer Review Rated.