John J. L. Hunter, Q.C.
John Hunter is a senior litigation counsel at Hunter
Litigation Chambers with a broad civil and commercial litigation
practice. He frequently appears as counsel for private sector
clients in cases which arise from the impact of public and
administrative law on commercial interests and has specific
expertise in forestry and aboriginal litigation. Since 2004, Mr.
Hunter has been recognized in the annual Lexpert/American Lawyer
Guide to the Leading 500 Lawyers in Canada as a leading
practitioner in corporate-commercial litigation and is
identified in the London-based Chambers Global Guide as one of
British Columbia’s leading practitioners in Dispute Resolution.
Mr. Hunter also maintains a practice as arbitrator in commercial
disputes. He is a Fellow of the Chartered Institute of
Arbitrators and is a member of the Western Canada Arbitrators
Roundtable.
Mr. Hunter served as Law Clerk to the Hon. John L. Farris, Chief
Justice of the British Columbia Court of Appeal, in 1975-76. He
was appointed Queen’s Counsel in 1994. Mr. Hunter is a Fellow
of the American College of Trial
Lawyers and of the International Society of
Barristers. He has written and lectured extensively on both
trial and appellate advocacy, is the author of Conducting a
Civil Appeal (Carswell 1995) and was an Adjunct Professor of
Law teaching appellate advocacy at the University of British
Columbia from 1988 to 2002. Mr. Hunter served as President of
the Law Society of British
Columbia in 2008 and is a Life
Bencher of the Law Society. He is
currently President of
the Federation of Law Societies of
Canada.
Education
B.A., Yale University, 1971
M.Sc., London School of Economics, 1972
LL.B., University of Toronto, 1975
Clerkship
British Columbia Court of Appeal, 1975-76
Bar Admissions
British Columbia, 1977
Ontario, 1998
Representative Cases:
Federation of Law Societies of Canada v Attorney-General
of Canada (British Columbia Supreme Court, 2011)
client:
Federation of Law Societies of Canada
issue:
constitutional validity of federal legislation applying
anti-money laundering provisions to lawyers
Attorney General of Canada v Imperial Tobacco Canada
Limited et al (Supreme Court of Canada 2011)
client:
Imperial Tobacco Canada Limited
issue:
validity of third party claim in tort against Federal Government
Teal Cedar Products Ltd. v British Columbia (Ministry of
Forests) (British Columbia Supreme Court, 2011)
client:
Teal Cedar Products
issue:
review of arbitrator’s decision on compensation for
expropriation
Ahousaht Indian Band v. Canada (British Columbia Supreme
Court, 2009; Court of Appeal, 2011)
client:
Attorney General of British Columbia
issue:
claim for aboriginal rights and title to commercial fishery
R. v. Cunningham (Supreme Court of Canada, 2010)
client:
Law Society of Yukon (intervener)
issue:
ethical obligations of counsel when wishing to withdraw
Copcan Contracting Ltd. v. Ashlaur Trading Inc. (British
Columbia Supreme Court and Court of Appeal, 2010)
client:
Copcan Contracting Ltd.
issue:
contract dispute over payment for forestry operations
Hayes Forest Services Limited v. Weyerhaeuser Company Limited
(British Columbia Court of Appeal, 2008)
client:
Weyerhaeuser Company Limited
issue:
standard of judicial review of commercial arbitration decisions
Maximum Ventures Inc. v. De Graaf (British Columbia Court of
Appeal, 2007)
client:
Brant Enterprises Inc.
issue:
scope and validity of common interest privilege
British Columbia v. Imperial Tobacco Ltd. (Supreme
Court of Canada; 2005)
client:
British American Tobacco (Investments) Limited
issue:
Constitutional validity of B.C. Statute designed to recover
health care costs from tobacco industry.
Corporation of District of West Vancouver v. British Columbia
(Ministry of Transportation) and Attorney General of Canada,
(Federal Court; 2005)
client:
Corporation of District of West Vancouver
issue:
Whether environmental assessment of proposed road improvement
project was defective.
Musqueam Indian Band v City of Richmond et al (British
Columbia Supreme Court, 2005)
client: B.C.
Lottery Corporation
issue:
Whether relocation of casino triggered obligation to
consult Musqueam Band.
Haida Nation v. British Columbia and Weyerhauser,
(Supreme Court of Canada, 2004)
client:
Weyerhaeuser Company Limited
issue:
Whether the Province or a licensee has an obligation to consult
and accommodate First Nations' interests before those interests
have been determined
Gold v. Serratus Mountain Products Ltd. and Mountain
Equipment Cooperative (Federal Court; 2004; Federal Court of
Appeal; 2006)
client:
Serratus Mountain Products Ltd. and Mountain Equipment
Cooperative
issue:
Whether clients' glove closure system infringed Plaintiff's
patent
District of Kitimat v Alcan Inc. (British Columbia
Supreme Court, 2005; Court of Appeal, 2006)
client:
District of Kitimat
issue:
Whether municipality has private interest standing to challenge
legality of actions taken pursuant to statutory contract
Canadian Forest Products Ltd. v. Her Majesty the Queen in
Right of the Province of British Columbia (Supreme Court of
Canada; 2004)
client:
Council of Forest Industries, the Forest Products Association of
Canada, and the Coast Forest & Lumber Association (interveners)
issue:
Liability at common law for environmental damage caused by
forest fire
Society Promoting Environmental Conservation v. Attorney
General of Canada, (Federal Court of Appeal; 2003)
client:
Attorney General of Canada
issue:
Whether an expropriation should be set aside for failure to
follow the procedures mandated by statute.
British Columbia Chicken Marketing Board v. Sunrise Poultry
Ltd., (British Columbia Court of Appeal; 2003)
client:
British Columbia Chicken Marketing Board
issue:
The scope of the Board's regulatory authority over direction of
product.
K.L.B. v. v. British Columbia, (Supreme Court of Canada;
2003)
client:
Attorney General of British Columbia
issue:
Crown liability under principles of vicarious liability or
non-delegable duty of care for foster parent abuse.
Brothers Pascal Rowland v. The Christian Brothers of Ireland
in Canada, (British Columbia Court of Appeal; 2002)
client:
Vancouver College Foundation, Parents Association and Alumni
Association
issue:
Whether the assets of a special purpose trust are eligible in
the liquidation of the trustee.
Tremblay v. Attorney General of British Columbia,
(British Columbia Court of Appeal; 2002)
client:
Attorney General of British Columbia
issue:
Whether a Cabinet order dismissing the board of the Legal
Services Society was valid.
British Columbia (Attorney General) v. Perry Ridge Water
Users Association, (British Columbia Supreme Court, 2000 and
Court of Appeal, 2002)
client:
Ministry of Forests
issue:
Whether the Ministry of Forests was entitled to construct a road
to develop a logging area for the small business program.
Soowahlie Band v. Canada, (Federal Court of Appeal; 2001)
client:
Attorney General of Canada
issue:
Whether Canada should be enjoined from transferring land claimed
by the Sto:lo Nation to third parties.
Blencoe v. British Columbia (Human Rights Commission),
(Supreme Court of Canada; 2000)
client:
British Columbia Human Rights Commission
issue:
Whether unreasonable delay in the administrative process should
lead to a stay of the proceedings, either through application of the Charter of
Rights and Freedoms or through normal administrative law principles.
Strukoff v. Syncrude Canada Ltd., (British Columbia Court
of Appeal; 2000)
client:
Syncrude Canada Ltd.
issue:
Whether the British Columbia courts have jurisdiction over a
dispute between an Alberta employer and employee who has since moved to British
Columbia.
Kitkatia Band v. British Columbia (Minister of Small
Business, Tourism and Culture), (British Columbia Court of
Appeal; 2000)
client:
Truck Loggers Association
issue:
Whether the provisions of the Heritage Conservation Act
permitting the harvesting of culturally modified trees is
constitutionally valid.
Human Rights Institute of Canada et al v. Canada (Attorney
General), (British Columbia Supreme Court and Federal Court
Trial Division; 1999)
client:
Attorney General of Canada
issue:
Whether an injunction should be granted to restrain the
completion of an expropriation of land by the Federal government.
Fraser Valley Credit Union v. B.C. (Superintendent of
Financial Institutions), (British Columbia Court of Appeal;
1999)
client:
Credit Union Central of British Columbia
issue:
Whether decision on Commercial Appeals Commission setting aside
order of Superintendent of Financial Institutions should be sustained.
Daishowa Inc. v. Friends of the Lubicon et al, (Ontario
Superior Court of Justice; 1998)
client:
Daishowa-Marubeni International Ltd.
issue:
Whether an injunction should be granted to restrain a secondary
consumer boycott of a company based on allegation of breach of agreement
with a third party.
Luuxhon v. Canada, (British Columbia Supreme Court; 1998)
client:
Attorney General of Canada
issue:
Whether Canada has a legally enforceable obligation to conduct
treaty negotiations with First Nations in good faith
Fleischman v. British Pacific Properties Ltd., (British
Columbia Supreme Court; 1997)
client:
British Pacific Properties Ltd.
issue:
Whether a restrictive covenant requiring approval of development
plans in a subdivision should be enforced.
MacMillan Bloedel Limited v. Simpson, (Supreme Court of
Canada; 1996)
client:
MacMillan Bloedel Limited
issue:
Whether an injunction granted to restrain interference with
timber harvesting at Clayoquot Sound should be set aside.
Publications:
"Presenting a Civil Appeal", prepared for the Continuing
Legal Education Society of BC's Conference on Appellate Practice
(October 2010), revised from the paper originally prepared for
the CLE’s Advocacy Conference (November 2001), and reprinted in
the CLE’s conference "Presenting a Civil Appeal" (November
2006).
"Post-Call Professional Legal Education -- the B.C. Approach",
prepared for and presented at the Symposium of Lifelong Learning
in Professionalism, presented at the Chief Justice of Ontario's
Advisory Committee on Professionalism, February 20, 2009,
Toronto, Ont. and published in the Canadian Legal Education
Annual Review at 2010 C.L.E.A.R. 93.
"Setting the Fee for Commercial Litigation – Ethical and
Practical Considerations", presented by John Hunter Q.C. at the
Canadian Bar Association (British Columbia Branch) Annual Branch
Conference, November 22, 2009, Los Angeles California
"Principles and Practice in Interlocutory Injunctions" and
"Aboriginal Rights Litigation", Chapters 1 and 4 in
Injunctions -- British Columbia Law and Practice (Continuing
Legal Education Society of British Columbia, 2nd edition, 2009)
"Disappointed Expectations: Why Delgamuukw has Failed to Achieve
Results on the Ground", by John Hunter, Q.C., Chapter 2 of
Aboriginal Law Since Delgamuukw (Canada Law Book 2009)
"Current Developments on Aboriginal Title" by John Hunter for
a conference on "Aboriginal Rights and Title in Canada"
presented by the Pacific Business and Law Institute, February
26-27, 2009, Vancouver, B.C.
"Ethical and Practical Issues in Administrative Law Practice"
for the Administrative Law Conference, 2008, Continuing Legal
Education Society of British Columbia, Vancouver, B.C. November
28, 2008
"Proving Aboriginal Rights and Title after Tsilhqot'in" for the
conference on Tsilhqot'in First Nation v. British Columbia: The
Immediate Impact and Next Steps, presented by the Pacific
Business and Law Institute, March 4-5, 2008, Vancouver, B.C.
"No Fault Liability against the Crown", by John Hunter, for the
Continuing Legal Education Society of British Columbia's
conference on "Suing and Defending the Government, 2006",
Vancouver, B.C. January 9, 2006
"Investigating the Case and Gathering Evidence", by John Hunter,
in the Continuing Legal Education Society's Civil Trial
Handbook, Second Edition, December 2005
"Arguing Liability Without Fault", by John Hunter, for the
Canadian Institute's conference on Liability against the Crown,
Toronto, Ont., May 4-5, 2005
"The Supreme Court's Decision in Haida - Clarification of the
Consultation Obligation", by John Hunter, for the conference on
B.C. Land Access & Community Consultation presented by the
Canadian Institute, November 25-26, 2004, Vancouver, B.C.
"Consultation Duties with First Nations in the Forest Sector",
by John Hunter, for the Continuing Legal Education Forestry Law
Conference, held in Vancouver on Friday, January 31, 2003.
"Understanding the Duty to Consult with First Nations", by John
Hunter, for the Insight Conference on "Aboriginal Land and
Resource Management", November 2002
"Principles and Practice of Interlocutory Injunctions", by John
Hunter, in Injunctions - British Columbia Law and Practice,
Continuing Legal Education Society of British Columbia, October
2002
"Injunctions in Aboriginal Rights Litigation", by John Hunter,
in Injunctions - British Columbia Law and Practice,
Continuing Legal Education Society of British Columbia, October
2002
"Advancing Aboriginal Title Claims after Delgamuukw: The
Role of the Injunction", John Hunter, for the Continuing Legal
Education Conference on Litigating Aboriginal Title, June 2000,
cited as authoritative by the Supreme Court of Canada in
Haida Nation v. British Columbia (Minister of Forests), 2004
SCC 73
"Preparation of the Factum in a Civil Appeal", by John Hunter,
for the Continuing Legal Education's Forestry Law Conference on
Appellate Court Practice, originally published in May 1997 and
reprinted by the CLE in April 2001 and March 2006