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Claire Hunter

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Claire Hunter is counsel at the firm and has a broad civil litigation, public and administrative law and appellate practice. She appears regularly as counsel at both the trial and appellate level, including all levels of court in British Columbia and the Supreme Court of Canada, and before arbitration tribunals and administrative boards. She has broad experience working on complex commercial matters, including conducting internal investigations and has appeared before regulators in Canada, the United States and the United Kingdom. In 2015, Benchmark Canada recognized Claire as a "Future Star".

Claire joined the firm in 2010 after five years of practice with Sullivan & Cromwell in New York, where she focussed on defending financial institutions in criminal, regulatory and securities class actions.

A graduate of McGill, Stanford and the University of Toronto Faculty of Law, Claire spent a year as law clerk to Justice Iacobucci of the Supreme Court of Canada before commencing her practice in New York. She has been a member of the New York State bar since 2004 and was called to the British Columbia bar in 2010.

Claire is actively involved in community work including as a provider of pro bono legal services. She is currently Chair and President of the Access Pro Bono Society of British Columbia, a director of the Lawyers Inn Society, serves on the Access to Legal Services Advisory Committee of the Law Society of British Columbia and is an elected member of the Canadian Bar Association’s provincial counsel for British Columbia. She is also a past president of the Advocates Club and a former chair of the Canadian Bar Association’s national Pro Bono Committee. Claire has received a number of awards for pro bono service including the Allan Parker QC Award for Representation Services from Access Pro Bono in 2013 and the Harry Rankin QC Pro Bono Award from the Canadian Bar Association in 2015.

Outside the law, Claire is a volunteer big sister and sits on the board of the VSO School of Music.


Professional Activities

Recent Professional Activities

Frequent Presenter on Continuing Legal Education topics

"Electronic Evidence: Current Issues and Best Practices", Panel member (with Mr. Justice Elliott Myers) CLEBC Electronic Evidence and eDiscovery October 14, 2016

"The Inconvenient Truth – Not All Affidavits are Created Equal", Panel member (with Master MacNaughton and Meaghan Selinger" CBABC Webinar, February 16, 2016

"Litigation in the Facebook Age: Creative Discovery Through Cutting-Edge Internet Research on Parties and Witnesses" at CLEBC A Litigator’s Arsenal 2015, October 23, 2015

"Access to Justice Issues" Panel member (with Madam Justice Bennett and Katherine Hardie) at CLEBC Appellate Practice 2015, April 17, 2015

"Court of Appeal Chambers" Panel member (with Madam Justice Saunders and Raymond Leong) at CLEBC Appellate Practice 2015, April 17, 2015

"Organizing Your Evidence at Trial" Presenter at CLEBC Civil Litigation Basics, February 11, 2015

"Making Use of Pro Bono Counsel" Panel member (with Ryan Dalziel, Jamie Maclaren and Grace Pastine) at Law Foundation Systemic Advocacy Workshop, December 11, 2014

"Best Practices for Managing Evidence: Did You Get Everything You Need?" Presentation at Infonex Professional Regulation and Discipline Conference, October 22, 2014

"Taking it National" and "Working Outside the Box" Panel member at 2014 National Pro Bono Conference, Regina, September 25- 26, 2014

"Civility in the Courtroom: Essentials for Trial Lawyers" Panel member (with Mr. Justice Verhoeven) at CBABC Professional Development Webinar, May 15, 2014

Other Professional Activities

Access Pro Bono Society of British Columbia

  • Chair and President (October 2016 - present)
  • Vice President (October 2014 - October 2016)
  • Director (February 2014 – present)
  • Volunteer Lawyer (2010 – present)
  • Law Society of British Columbia (Access to Legal Services Advisory Committee, 2015 – present)

    Advocates Club (President, 2014 – 2015; Treasurer, 2011 – 2015; Member, 2010 – 2016)

    Canadian Bar Association

  • CBABC nominations committee (2015)
  • Women Lawyers Forum mentor (2015)
  • Provincial Council member from Vancouver County (2014 – present)
  • National Pro Bono Committee (BC representative, 2012-present; Chair, 2013-2014)
  • National Access to Justice Committee (ex officio member, 2013-2014)
  • National Legal Aid Committee (ex officio member, 2013-2014)
  • Law Courts Inn Society

  • Director (May 2015 – present)
  • Notable Cases

    Notable Cases

    Cowper-Smith v. Morgan, 2016 BCCA 200: appeal relating to the standard to rebut the presumption of undue influence and the application of the doctrine of proprietary estoppel.

    S.M.B. v. A.J.M., 2016 BCSC 811: application for return under Article 12 of the the Hague Convention on ‎the Civil Aspects of International Child Abduction.

    R. v. Dickey, 2016 BCCA 177: represented Pivot Legal Society on appeal relating to constitutionality of mandatory minimum sentence provisions.

    Ma v. Nutriview Systems Inc., 2016 BCCA 4: appeal about the use of propensity evidence and the admissibility of fresh evidence on appeal.

    Reum Holdings Ltd. v. 0893178 B.C. Ltd., 2015 BCSC 2022: application upholding certificate of pending litigation on Crown land.

    Robinson v. Furlong, 2015 BCSC 627 (with John Hunter, Q.C.): successfully defended John Furlong in two week trial of a defamation claim made by a journalist against him.

    Morice v. Furlong, 2015 BCSC 216 with Bill Smart, Q.C.); West v. Furlong, 2015 BCSC 216 (with John Hunter, Q.C.): represented John Furlong in obtaining dismissal of claims brought by persons alleging historical abuse.

    Goodwin v. British Columbia (Superintendant of Motor Vehicles), 2015 SCC 46; 2014 BCCA 79: represented British Columbia Civil Liberties Association on appeal relating to constitutionality of automatic roadside driving prohibitions.

    Honborg v. Private Career Training Institutions Agency, 2015 BCSC 965: successful application to strike claim against Crown corporation.

    Hughes v. Hughes, 2014 BCCA 196: appeal relating to enforceability of child support order in case involving conflicting orders on return of child of British Columbia court and Italian court under the Hague Convention on the Civil Aspects of International Child Abduction.

    Sutherland v. Reeves, 2014 BCCA 222, 2013 BCCA 495 (with John Hunter, Q.C.): motion to strike and appeal relating to scope of a "stay of proceedings" clause in a receivership order.

    Reference re Senate Reform, 2014 SCC 32 (with John Hunter, Q.C. and Brent Olthuis): reference on constitutionality of and applicability of appropriate amending formula to proposed amendments to the Senate.

    Watson v. Bank of America Corporation, et al., 2014 BCSC 532 (with Ken McEwan, Q.C.): represented Capital One Bank (Canada Branch) on certification of a class action relating to credit card merchant fees.

    Wilson v. Williams, 2013 BCCA 471: appeal on issue of whether defamatory statements were published on occasions of absolute privilege.

    Tangerine Financial Products Limited Partnership v. Sutherland, 2013 BCCA 283 (with John Hunter, Q.C.): appeal from injunction issued to enforce order prohibiting interference with sale of receivership assets.

    Jer v. Samji, 2013 BCSC 1671 (with Ken McEwan, Q.C.): certification of class action relating to alleged ponzi scheme.

    Johnson v. Jessel, 2012 BCCA 393: appeal relating to interpretation of provisions relating to wrongful removal of children in the Hague Convention on the Civil Aspects of International Child Abduction.

    VIH Aviation Group Ltd. v. CHC Helicopter LLC 2011, BCSC 402, 2012 BCCA 125 (with Ken McEwan, QC): application for leave to appeal from a commercial arbitration award.

    Piscedda Mining Construction International v. Crew Gold Corporation, 2011 YKSC 79 (with Ken McEwan, QC): application on jurisdiction of Yukon courts to determine dispute under mining contract.

    Publications

    Publications

    “The Impact of Pro Bono Counsel on Awards of Party-and-Party Costs in Civil Litigation” (2013), 71 The Advocate 23-33

    “Continuing the Conversation: A Reply to Manfredi and Kelly” (2004) 49(3) McGill Law Journal 765 (with Sujit Choudhry).

    “New Justification for an Old Approach: In Defense of Characterizing First Nations Treaties as Contracts” (2004) 62 (1) University of Toronto Faculty of Law Review 61.

    “Measuring Judicial Activism on the Supreme Court of Canada: A Comment on Newfoundland (Treasury Board) v. Newfoundland Association of Public Employees" (2003) 48 (3) McGill Law Journal 525 (with Sujit Choudhry).

    “Kymlicka’s Liberal Defense of National Recognition and the Case of the Nisga’a” (1999) 6 McGill Review of Interdisciplinary Arts 1.

    Community

    Community

    Claire is actively involved in community work including as a provider of pro bono legal services. She is currently Chair and President of the Access Pro Bono Society of British Columbia, a director of the Lawyers Inn Society, serves on the Access to Legal Services Advisory Committee of the Law Society of British Columbia and is an elected member of the Canadian Bar Association’s provincial counsel for British Columbia. She is also a past president of the Advocates Club and a former chair of the Canadian Bar Association’s national Pro Bono Committee. Claire has received a number of awards for pro bono service including the Allan Parker QC Award for Representation Services from Access Pro Bono in 2013 and the Harry Rankin QC Pro Bono Award from the Canadian Bar Association in 2015.

    Outside the law, Claire is a volunteer big sister and sits on the board of the VSO School of Music.

    News

    News

    December 2016

    Claire Hunter and Ken Leung obtained dismissals in chambers of four appeals brought against the Private Career Training Institutions Agency and its employees. The decisions are available here:

    Kikla v. Ayong

    Fraser Valley Community College v. Private Career Training Institutions Agency

    October 2016

    Claire Hunter has been elected Chair and President of the Access Pro Bono Society of British Columbia.

    On October‎ 14, Claire Hunter appeared on a panel with the Honourable Mr. Justice Elliott Myers on Electronic Evidence: Current Issues and Best Practices as part of CLEBC's Electronic Evidence and eDiscovery 2016 program.

    September 2016

    On September 26, Claire was the keynote speaker at the University of Victoria's launch of their Pro Bono Students Canada program for this year. Claire talked about how providing pro bono services can enhance life in private practice.‎

    May 2016

    Claire Hunter and Eileen Patel successfully appealed an order in proprietary estoppel awarding the respondent a right to purchase the appellant’s interest in her share of the family home. The majority held on this issue that a remedy in proprietary estoppel cannot arise where the person making the alleged representation regarding the property in question has no current or immediate right to the property, settling a point of law not previously determined in British Columbia. The reasons are available here. (at paragraphs 98-119)

    Claire Hunter has successfully defended an international child abduction claim brought in relation to Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction. The reasons for judgment may be found here.

    April 2016

    On April 25, 2016, the British Columbia Court of Appeal released its decision in a trilogy of cases indexed as R. v. Dickey, 2016 BCCA 177 considering the constitutionality of two-year mandatory minimum sentences for certain drug offenses. The Court found that these mandatory minimum provisions were unconstitutional because they infringed section 12 of the Charter as being cruel and unusual punishment. Claire Hunter was counsel to the Pivot Legal Society on the appeal.

    March 2016

    Claire Hunter and Rebecca Robb brought a successful appeal on behalf of two hatching egg producers from a series of decisions of the British Columbia Broiler Hatching Egg Commission relating to the establishment of a quota system for specialty hatching egg production in British Columbia. In March 29, 2016, the Farm Industry Review Board found "significant errors of both policy and process" and set aside the decisions under appeal. The reasons are available here.

    Hunter Litigation Chambers was nominated as British Columbia firm of the year. The firm has once again been identified in the current Benchmark 2016 as "Highly Recommended", the highest category in the Benchmark listing. Ken, John Hunter, Q.C., Randy Kaardal, Q.C., Bill Smart, Q.C.,Michael Stephens and Brent are recognized as "Local Litigation Stars", while Claire Hunter is listed under "Future Stars".

    October 2015

    ‎On October 23, Claire Hunter was on the faculty of CLEBC's program "A Litigator's Arsenal 2015". Claire gave a presentation entitled "Litigation in the Facebook Age: Creative Discovery Through Cutting-Edge Internet Research on Parties and Witnesses" based a paper co-written by Claire and Hunter Litigation Chambers articling student, Julia Roos.

    September 2015

    John Hunter, Q.C. and Claire Hunter have successfully defended John Furlong, the Chief Executive Officer of the 2010 Vancouver Olympic Committee, in a defamation suit brought by a journalist who had published unsubstantiated allegations against Mr. Furlong and had in turn been criticized by him. The decision can be found in Robinson v. Furlong, 2015 BCSC 1690. John, Claire and Bill Smart, Q.C. had represented Mr. Furlong in earlier proceedings against him, all of which were dismissed.

    June 2015

    The Canadian Bar Association has awarded Claire Hunter the prestigious Harry Rankin, Q.C. Award for Pro Bono Services in recognition of her contribution to the provision of pro bono services in British Columbia and nationally.

    May 2015

    Claire Hunter has been appointed to the Board of Directors of the VSO School of Music, a school established under the auspices of the Vancouver Symphony Orchestra to promote music education in Vancouver. Claire has also been appointed to the Board of the Lawyers Inn.

    Mike Stephens and Claire Hunter were on the faculty for the Continuing Legal Education Society of British Columbia’s conference “Appellate Practice 2015”. Claire was on panels on Court of Appeal Chambers practice, which included Madam Justice Saunders and Registrar Outerbridge and on Access to Justice Issues, which included Madam Justice Bennett and Mike spoke on Leave to Appeal to the Supreme Court of Canada.

    March 2015

    Bill Smart, Q.C. and Claire Hunter, with the assistance of Rebecca Robb, successfully obtained dismissed at trial of a historical abuse claim made against the firm’s client John Furlong. The Court found that the conduct in the litigation of the man who made claim was egregious, reprehensible and worthy of rebuke and awarded special costs to Mr. Furlong. The Oral Reasons For Judgment are available here.

    February 2015

    Benchmark Canada has announced its annual awards, and for the third straight year Ken McEwan, Q.C. has been recognized as British Columbia Litigator of the Year. Ken was also nominated for Canadian Trial Lawyer of the Year and Canadian Competition Lawyer of the Year. Hunter Litigation Chambers was nominated for British Columbia firm of the year, Canadian class action firm of the year and Canadian litigation boutique firm of the year and continues to be designated as “highly recommended”, the highest category in the Benchmark listing. Ken, John Hunter, Randy Kaardal, Q.C., Bill Smart, Q.C. and Mike Stephens are included as “Local Litigation Stars” while Brent Olthuis and Claire Hunter have been recognized as “Future Stars.” Brent was also nominated for emerging talent of the year in Canada.

    John Hunter, Q.C. and Claire Hunter, with the assistance of Rebecca Robb, successfully obtained dismissal at summary trial of a historical abuse claim made against John Furlong. The woman’s claim was dismissed on the basis that the evidence supported a conclusion that she did not attend the school at which Mr. Furlong taught during the time he was there. The Reasons for Judgment are available here.

    January 2015

    We are pleased to announce that Claire Hunter has become a shareholder in the firm. After serving as a law clerk in the Supreme Court of Canada in 2004, Claire began her practice in commercial and regulatory litigation, first in New York, now in Vancouver with our firm. Congratulations to Claire!

    December 2014

    Claire Hunter has been appointed to the Law Society of British Columbia’s Access to Legal Services Advisory Committee for 2015. This Committee advises the Benchers on priority planning with respect to access to legal services. Claire is past Chair of the Canadian Bar Association’s national Pro Bono Committee and is currently Vice-President of Access Pro Bono.

    November 2014

    Randy Kaardal and Claire Hunter were counsel on one of the first applications for leave to appeal from an arbitral award heard by the British Columbia Supreme Court following the Supreme Court of Canada’s release of Sattva Capital Corp. v. Creston Molly Corp., 2014 SCC 53.

    September 2014

    Claire Hunter has been elected to the Provincial Council of the Canadian Bar Association BC Branch (CBABC) for the County of Vancouver. The purpose of Provincial Council is to carry on the work of the CBABC and advance its objects.

    Claire Hunter successfully defeated two applications for security for costs brought against our client in a shareholder oppression proceeding: Ocean Pastures Corporation v. Haida Salmon Restoration Corporation, 2014 BCSC 1788.

    June 2014

    John Hunter, Q.C. and Claire Hunter, with the assistance of Ken Leung, were successful in the Court of Appeal in defending dismissal of an action against our firm’s client on the basis that it was an abuse of process. The Court of Appeal’s Reasons for Judgment in Sutherland v. Reeves, 2014 BCCA 222, are available here.

    May 2014

    On May 15, Claire Hunter co-chaired a webinar on “Civility in the Courtroom: Essentials for Trial Lawyers, sponsored by the Canadian Bar Association, British Columbia Branch. Claire presented the lawyer’s perspective, with Mr. Justice Frits Verhoeven of the Supreme Court of British Columbia offering the perspective of the judge.

    Claire Hunter and Heather Cochran were counsel in an appeal that raised important issues about the interaction between foreign and domestic child support orders and the impact of a parent’s non-compliance with British Columbia court orders and the right of her child to support. The Reasons for Judgment are available here.

    March 2014

    Ken McEwan, Q.C. and Claire Hunter were counsel for Capital One Bank (Canada Branch) in an application to certify a class action against the credit card industry in Canada heard over 12 day in 2013. The Reasons for Judgment in Watson v. Bank of America Corporation, et al, 2014 BCSC 532, have been released and are available here.

    February 2014

    Claire Hunter has been appointed to the Board of Directors of Access Pro Bono, British Columbia’s leading pro bono organization with the objective of delivering a full spectrum of pro bono services for low-income clients.

    May 2013

    Claire Hunter has received the Allan Parker QC Award for Representation Services from Access Pro Bono for her tireless pro bono work on several cases in 2012 involving parental rights, democratic participation, the right to housing and the right to essential benefits for a disabled person. Claire was also recognized for assisting Access Pro Bono to refine and improve its Civil Chambers Program to better serve low- and modest-income Supreme Court and Court of Appeal litigants.