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Emily Kirkpatrick

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Emily Kirkpatrick maintains a general civil litigation and administrative practice, with a particular focus on corporate, commercial and class action matters. Emily has experience advising and representing clients on a wide range of issues including shareholder disputes, class action defence, contract issues, employment agreements, environmental issues, franchise agreements, leases, debt recovery, and municipal and other government relations. She has also advised and represented clients regarding various regulated industries including securities, pharmaceuticals, and energy. Emily’s mediation and arbitration experience includes both domestic and international commercial matters on a range of issues including securities, real property disputes, and licencing agreements. She has appeared as counsel at various levels of court in BC and Ontario, as well as before the Federal Court, and administrative and regulatory tribunals.

Emily previously practiced in the litigation department of Torys LLP in Toronto, and clerked at the BC Supreme Court. She was called to the bar in Ontario in 2009, and to the BC bar in 2012.

Professional Activities

Professional Activities

Current:

Advocates’ Society:
Member, 2008-present
Young Advocates’ Standing Committee (June 2015-present)
National Standing Committee (September 2015-present)
Executive Committee, Class Actions Practice Group, (September 2016-present)
British Columbia Regional Advisory Committee (September 2016-present)

Canadian Bar Association, BC Branch:
Law Reform Committee (June 2016-present)
Court Services Committee (January 2017-present)

Advocates Club:
Member, June 2016-present

Past:

Canadian Bar Association, BC Branch:
Government Relations Committee (2015-2016)
Resolutions and Bylaws Committee (2015-2016)

Notable Cases

Notable Cases

Arkansas Teachers Retirement System v. Lions Gate Entertainment Corp., 2016 BCSC 432, (co-counsel with J. K. McEwan, Q.C.) successfully represented Lions Gate in defeating an application to bring a derivative action in Lions Gate’s name against current and former directors and officers, arising out of circumstances surrounding the attempted takeover of Lions Gate by Carl Icahn in 2010.

Zellstoff Celgar Limited Partnership v. British Columbia Hydro and Power Authority, 2015 BCCA 497: (co-counsel with J.K. McEwan, Q.C.): concerning British Columbia Utilities Commission’s jurisdiction and reasonableness in approving third party restrictions imposed through power purchase agreement between BC Hydro and FortisBC.

Lai v. Hongkong International Developers (Alberta) Ltd., 2015 BCSC 1765: application to dismiss contractual dispute claim for want of prosecution and application for security for costs.

Fanshawe College v AU Optronics, 2015 ONSC 3414: (co-counsel with J.K. McEwan, Q.C.): in proposed class proceeding on behalf of purchasers of liquid crystal display products, successfully opposed motion to add a new plaintiff on the basis that proposed plaintiff’s claims were not captured by pleading and were statute-barred.

Ruloff Capital Corporation v. Hula, 2013 BCSC 322: (co-counsel with G. van Ert): concerning territorial competence and jurisdiction regarding contractual dispute in respect of which proceeding ongoing in California.

In the matter of the Ontario Energy Board Act, 1998 S.O. 1998, c. 15 (Schedule B); and in the matter of an Application by Union Gas Limited for an order or orders amending or varying its approved C1 and M12 rate schedules to accommodate new firm transportation services, EB-2011-0257: successfully applied for modifications to existing rate design resulting from new transportation service.

In the matter of the Ontario Energy Board Act, 1998 S.O. 1998, c. 15 (Schedule B); and in the matter of an Application by Marie Snopko, [et al…], EB-2011-0087: concerning the jurisdiction of the Ontario Energy Board and standing of persons before it in proceeding concerning gas storage agreements, successfully moved for summary dismissal of claims advanced by applicants.

Novopharm Limited v. Canada (Health), 2010 FC 156: successfully argued for costs on behalf of responding party, Pfizer Canada Inc., following withdrawal of application while decision on merits under reserve.

In the matter of the Ontario Energy Board Act, 1998 S.O. 1998, c. 15 (Schedule B); and in the matter of an Application by Union Gas Limited for an order or orders pre-approving the cost consequences associated with three long-term natural gas transportation contracts […], EB-2010-0300: concerning application and interpretation of newly-approved LTC Filing Guidelines for the Pre-Approval of Cost Consequences for Long-Term Natural Gas Contracts in respect of proposed new natural gas transportation services.

In the matter of the Patent Act, R.S.C.1985, c. P-4, as amended, and in the matter of ratiopharm Inc. and the medicine ratio-Salbutamol MFA, PMPRB-08-D2-ratio-Salbutamol HFA: concerning the jurisdiction and powers of the Patented Medicine Prices Review Board in proceeding, successfully resisted joinder of GlaxoSmithKline Inc. to proceeding in respect of alleged excessive pricing by licensee.

Publications

Publications

"Pre-trial Disclosure of Expert Opinions and Related Matters", Expert Evidence in British Columbia Civil Proceedings, 4th edition, (Vancouver: Continuing Legal Education Society of British Columbia, 2015), Chapter 6 (co-authored with K. Michael Stephens)

"Class Actions and Waiver of Tort – Where Do We Go from Here?", Class Action Defence Quarterly, vol. 4, no. 2 | December 2009 (co-authored with Andrew Bernstein)

"Taub and Dass: Can the IDA/IIROC Discipline Former Members", The Advocates’ Quarterly, vol. 35, no. 3 | April 2009 (co-authored with John A. Fabello)