Cases

The following is a sampling of the reported decisions handled by counsel from Hunter Litigation Chambers:

Sun-Rype Products Ltd. v. Archer Daniels Midland Company
(British Columbia Court of Appeal, 2011)
In a major class action decision, Ken McEwan and Tam Boyar successfully argued that indirect purchasers do not have a valid cause of action for damages for price-fixing and obtained a reversal of a certification decision of the lower court. The Supreme Court of Canada will hear an appeal of the decision in 2012.

Reference re Section 293 of the Criminal Code of Canada
(British Columbia Supreme Court, 2011)
Brent Olthuis and Stephanie McHugh represented the Canadian Coalition for the Rights of Children in the Polygamy Reference to ensure that the voice if children was heard in the determination of the constitutional issues in the case.

Federation of Law Societies of Canada v Attorney-General of Canada
(British Columbia Supreme Court, 2011)
John Hunter represented the Federation of Law Societies of Canada in a successful proceeding to strike down federal legislation and regulations as they affected the legal profession as contrary to the Charter of Rights and Freedoms.

Piscedda Mining Construction International Inc. v. Crew Gold Corporation
(Yukon Supreme Court, 2011)
Ken McEwan and Claire Hunter obtained a stay of litigation in the Yukon Supreme Court of a case involving the appropriate forum for an international mining case.

Attorney General of Canada v Imperial Tobacco Canada Limited et al
(Supreme Court of Canada, 2011)
John Hunter and Brent Olthuis appeared for Imperial Tobacco in the Supreme Court of Canada on the issue whether the Federal Government could be joined to the provincial litigation as a third party.

Icahn Partners LP v. Lions Gate Entertainment Corp (British Columbia Supreme Court, 2010)
Ken McEwan and Tam Boyar successfully defended a shareholder oppression proceeding launched by the Carl Icahn group.

R v Cunningham (Supreme Court of Canada, 2010)
John Hunter represented the Yukon Law Society in this leading judgment concerning the circumstances in which the courts may order counsel to continue representation of a client when the client has not paid for the legal services.

Casey v. Copperleaf Technologies (British Columbia Supreme Court, 2010)
Ken McEwan and Brent Johnston successfully defended a shareholder oppression case.

TimberWest Forest Corp. v. City of Campbell River (British Columbia Supreme Court, 2009)
Mike Stephens and Stephanie McHugh brought a successful challenge to a municipal bylaw which greatly increased the property tax rates for TimberWest’s managed forest lands.

Ahousaht Indian Band v. Canada (British Columbia Supreme Court, 2009)
John Hunter, Shannon Ramsay and Gib van Ert represented the Province of British Columbia in a lengthy trial concerning a claim for aboriginal rights and title to a commercial fishery on the west coast of Vancouver Island.

R v Basi (Supreme Court of Canada, 2009)
Bill Berardino successfully appealed two levels of BC judgments and confirmed the scope of informer privilege in criminal cases.

British Columbia v. Imperial Tobacco Canada Limited (British Columbia Court of Appeal, 2009)
Ken McEwan and Brent Olthuis represented Imperial Tobacco in the successful appeal of a decision striking out the third party claim against the Government of Canada in the Province’s lawsuit against the major tobacco companies under provincial legislation to recover health care costs said to be related to tobacco consumption.

Re Inmet Mining Corp. (British Columbia Court of Appeal, 2009)
John Hunter, Q.C. and Mark Oulton acted for Inmet in successfully opposing the substantial premium sought by the client's former law firm in a judgment that established the principle that a lawyer has a duty to advise the lawyer's client of the basis on which legal fees are to be charged. Click here for a copy of the judgment.

Majormaki Holdings LLP v. Wong (British Columbia Court of Appeal, 2009)
Jacqueline Hughes successfully defended an appeal of an order for incarceration for civil contempt. Click here for a copy of the judgment.

Western Forest Products Limited v. British Columbia (British Columbia Court of Appeal, 2009)
John Hunter, Q.C. and Mark Oulton acted for Western in a successful appeal of a challenge brought by the Crown to a decision of the Forest Appeals Commission. The principal issue was whether it was unsuitable to appraise a licensee using an appraisal log dump that was unavailable for use by any other licensee. Click here for a copy of the judgment.

Canadian Forest Products Limited v. British Columbia and the Forest Appeals Commission (British Columbia Supreme Court, 2009)
John Hunter, Q.C. and Mark Oulton acted for Canfor in a successful appeal of a decision of the Forest Appeals Commission relating to the authority of the Minister to retroactively change stumpage rates for timber that had already been scaled. Click here for a copy of the judgment.

In the Matter of British Columbia Hydro and Power Authority and An Application for Approval of the 2008 Long Term Acquisition Plan, (British Columbia Utilities Commission, 2009)
Mark Oulton represented COPE 378 in successfully opposing BC Hydro's proposed 2008 Long Term Acquisition Plan on the grounds that it was not in the public interest. Click here for a copy of the judgment.

Simpson v. Baechler (British Columbia Court of Appeal, 2009)
Bill Berardino, Q.C. and Brent Olthuis represented Mr. Simpson, a pedestrian, in a successful appeal against the driver of a motor vehicle who collided with him. Click here for a copy of the judgment.

Hayes Forest Services Ltd v. Weyerhaeuser Company Limited
(British Columbia Court of Appeal, 2008)
John Hunter, Q.C. and Michael Stephens acted for Weyerhaeuser and successfully upheld an arbitration award in favour of Weyerhaeuser in a dispute concerning a timber supply execution agreement and the treatment of certain road construction costs under that agreement. Click here for a copy of the judgment.

British Columbia v. Foster Forest Products Limited and others
(British Columbia Supreme Court, 2008)
Mark Oulton successfully represented two licensees in a summary trial relating to the scope of the lien created in favour of the Crown by s. 130(1)(d) of the Forest Act. Click here for a copy of the judgment.

Jay & Mereti Holdings Ltd. v. British Columbia Lottery Corporation
(British Columbia Supreme Court, 2008)
Michael Stephens and Brent Johnston acted for the British Columbia Lottery Corporation in successfully setting aside an injunction granted against the Lottery Corporation suspending the termination of a lottery operations agreement relating to the sale of lottery tickets. Click here for a copy of the judgment.