Cases

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

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.

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.

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.

Maximum Ventures Inc. v. De Graaf (British Columbia Supreme Court and Court of Appeal, 2007)

John Hunter, Q.C. and Brent Olthuis successfully defended an application seeking production of documents covered by common interest privilege. Click here for a copy of the BCCA judgment.

Cook v. Board of School Trustees of School District No. 43 (Coquitlam) (British Columbia Supreme Court, 2007)

Michael Stephens acted for a group of parents challenging the closure of College Park Elementary School in Port Moody, British Columbia, on the basis of non-disclosure of certain information in the school closure process. The decision articulates the governing legal principles concerning a legal challenge to school closure decisions in British Columbia. Click here for a copy of the judgment.

Royal City Jewellers & Loans Ltd. v. New Westminster (City) (British Columbia Court of Appeal, 2007)

Brent Olthuis represented the B.C. Civil Liberties Association, an intervenor in a successful challenge against a municipal bylaw. Click here for a copy of the judgment.

In the Matter of a Filing by British Columbia Hydro and Power Authority of Energy Supply Contracts with Alcan Inc, (British Columbia Utilities Commission, 2007)

John Hunter, Q.C. and Mark Oulton represented the District of Kitimat in successfully opposing the acceptance of the LTEPA Amending Agreement and the Amended and Restated Long-Term Electricity Purchase Agreement by the B.C. Utilities Commission on the grounds that the agreements were not in the public interest. Click here for a copy of the judgment.

Knight v. Imperial Tobacco Canada Limited (British Columbia Court of Appeal, 2006)

Bill Berardino, Q.C. and David Harris, Q.C. represented Imperial Tobacco Canada Limited in an appeal of an order granting certification for a class action brought against Imperial alleging deceptive acts or practices in the marketing of cigarettes. Click here for a copy of the judgment.