Gib van Ert
Gib van Ert has a broad civil litigation practice including
commercial, real estate, environmental, administrative and public law
matters. He has also advised a variety of public bodies including
professional regulators, administrative tribunals and Crown
corporations. He is a former law clerk at the Supreme Court of Canada
and the Court of Appeal for British Columbia. He has been a visiting
scholar at the Lauterpacht Research Centre for International Law at
the University of Cambridge, England and a visiting professor in the
Faculty of Law, University of Ottawa.
Gib is the author of Using International Law in Canadian Courts,
2nd ed. (Irwin Law, 2008) and other works on international and
constitutional law issues. He is a regular contributor to the
Canadian Yearbook of International Law and a frequent speaker on
international law topics at academic and professional conferences
around the country.
Education
B.A. (Hons.) in History, McGill University, 1995
B.A. (Hons.) in Law, University of Cambridge, 1998
LL.M., University of Toronto, 2000
Clerkships
British Columbia Court of Appeal, 2001-2002
Supreme Court of Canada, January-December 2003
Bar Admission
British Columbia, 2004
Selected Cases
Gulston v. Aldred 2010 BCSC 241, 2011 BCCA 147: This was a
dispute between the buyer and seller of a residential property which
had been contaminated by a leaking underground oil storage tank. Gib
successfully represented the seller at the trial court and in the
Court of Appeal.
Aldred v. Colbeck 2010 BCSC 57: Gib successfully represented a
homeowner who sued the previous owners of her property to recover
losses caused by a leaking underground oil storage tank. The decision
is one of the few successful claims under the Environmental Management
Act and the first to permit a residential property-owner to recover
remediation costs under it.
ASEAN Technology Partners Inc. v. National Research Council
2009 BCCA 126, 2007 BCSC 1539: Gib was counsel for the plaintiff at
summary trial and on appeal in this claim against a federal Crown
Corporation for breaches of three contracts. The trial court found the
defendant liable. The Court of Appeal dismissed the defendant’s
appeal.
Gogol v. British Columbia (Workers’ Compensation Appeal
Tribunal) 2008 BCSC 489: Gib was counsel for an injured worker in this
judicial review of a decision concerning his eligibility for temporary
disability benefits. The court found that the tribunal’s decision was
patently unreasonable and remitted it to the tribunal for
reconsideration.
Selected Publications
Chapter four, "Canada" in D. Sloss, ed., The Role of Domestic Courts
in Treaty Enforcement: A Comparative Study (Cambridge:
Cambridge University Press, 2009)
Using International Law in Canadian Courts, 2nd ed. (Toronto:
Irwin Law, 2008)
"What is reception law?" in O. Fitzgerald (ed), The Globalized Rule
of Law: Relationships between International and Domestic Law
(Toronto: Irwin Law, 2006) 85
"Labour Conventions and Comprehensive Claim Agreements: A New Model for
Subfederal Participation in Canadian International Treaty-Making" (with
S. Matiation) in O. Fitzgerald (ed), The Globalized Rule of Law:
Relationships between International and Domestic Law (Toronto: Irwin
Law, 2006)
"The Admissibility of International Legal Evidence" (2005) 84
Canadian Bar Review 31
International Human Rights Law (with M. Freeman) (Toronto: Irwin
Law, 2004)
"The legal character of provincial agreements with foreign governments"
(2001) 24 Les Cahiers de Droit 1093-1124
"Using treaties in Canadian courts” [2000"] Canadian Yearbook of
International Law
3-87
"Nationality, State succession, and the right of option: the case of
Quebec" [1998] Canadian Yearbook of International Law 151-180