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. 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 he has recently been identified in the London-based Chambers Global Guide as one of British Columbia’s leading practitioners in Dispute Resolution. In addition to his civil litigation practice, he is frequently called upon to act as arbitrator in commercial disputes and also has recognized expertise in forestry and aboriginal litigation. 
 
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 and former Provincial Chair of the American College of Trial Lawyers, and is also a Fellow 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.

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:

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:

"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.

"Presenting a Civil Appeal", by John Hunter, for the Continuing Legal Education Society of British Columbia's conference on Civil Appellate Practice, March 2006, originally published in the CLE's Advocacy Conference, November 2001 

"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