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Ken Leung

Profile

Ken Leung practices in the areas of civil litigation and public law. He has appeared before administrative tribunals, commercial arbitrators, and all levels of court in Canada, including the Supreme Court of Canada.

Before joining the firm, Ken practiced with Sullivan & Cromwell LLP in New York, where he focused on defending financial institutions in complex litigation. Ken also served as a law clerk to Judge Thomas I. Vanaskie of the U.S. Court of Appeals for the Third Circuit after law school and as a supervising editor of the Harvard Law Review during law school.

Notable Cases

Notable Cases

Sateri (Shanghai) Management Limited v. Vinall, 2017 BCSC 491 (with William Smart, Q.C. and Ken McEwan, Q.C.): Defended Fortress Paper Ltd. and Fortress Specialty Cellulose Inc. against a multimillion dollar claim for alleged knowing assistance in breach of trust, breach of confidence, and inducing breach of contract pertaining to the Fortress defendants’ acquisition and conversion of a pulp mill in Thurso, Quebec. The plaintiffs pursued an accounting and disgorgement remedy, along with punitive damages. Their claims against the Fortress defendants were dismissed in their entirety.

Kikla v. Ayong, 2016 BCCA 486; Fraser Valley Community College Inc. v. Private Career Training Institutions Agency, 2016 BCCA 488 (with Claire Hunter): Obtained dismissals in chambers of four appeals brought against a provincial regulatory body and its employees.

China CITIC Bank Corporation Limited v. Yan, 2016 BCSC 2332 (with Randy Kaardal, Q.C.): Defended against an application to set aside a Mareva injunction obtained ex parte and in camera by a Chinese bank seeking to enforce a foreign arbitration award. While the Supreme Court of British Columbia found that the bank had overstated its case when seeking the injunction, the Court nevertheless concluded that the balance of convenience favoured maintaining the injunction. Also successfully represented the bank in petition proceedings to recognize the arbitration award of approximately CAD 10 million in British Columbia.

R. v. Safarzadeh-Markhali, 2016 SCC 14 (with Greg Allen): Appeared on behalf of the intervener West Coast Prison Justice Society in a case involving the application of the Canadian Charter of Rights and Freedoms to bail legislation.

Publications

Publications

"Administrative Law" in the Continuing Legal Education Society of BC’s Annual Review of Law & Practice (2016-2017), by Greg J. Allen, Eileen M. Patel, and Kenneth K. Leung

"Civil Procedure – Court Rules" in the Continuing Legal Education Society of BC’s Annual Review of Law & Practice (2015-2017), by Mark S. Oulton, Rebecca J. Robb, Katie E. Webber, and Kenneth K. Leung

"Recent Case: Ninth Circuit Strikes Down California Law Extending Statute of Limitations for the Recovery of Holocaust-Era Artwork" (2010) 123:5 Harvard Law Review 1377

Community

Community

Ken is a Big Brother with Big Brothers of Greater Vancouver, having previously volunteered with the organization as an in-school mentor. He has also participated in the Ride to Conquer Cancer.

News

News

April 2017

The Continuing Legal Education Society of B.C. has published its Annual Review of Law and Practice, and once again Hunter Litigation Chambers is well represented among the authors of this practice guide. Greg Allen, Eileen Patel and Ken Leung wrote the chapter of Administrative Law; Mark Oulton, Rebecca Robb and Ken Leung authored the section on Court Rules; and Alex Bjornson co-authored the chapter on Tort law.

March 2017

Ken McEwan, Q.C., William Smart, Q.C., and Ken Leung successfully defended Fortress Paper Ltd. and Fortress Specialty Cellulose Inc. against a multimillion dollar claim for alleged knowing assistance in breach of trust, breach of confidence, and inducing breach of contract pertaining to the Fortress defendants’ acquisition and conversion of a pulp mill in Thurso, Quebec. The plaintiffs pursued an accounting and disgorgement remedy, along with punitive damages. Their claims against the Fortress defendants were dismissed in their entirety. The reasons for judgment can be found here.

Randy Kaardal, Q.C. and Ken Leung successfully defended against an application to set aside a Mareva injunction obtained ex parte and in camera by a Chinese bank seeking to enforce a foreign arbitration award. While the Supreme Court of British Columbia found that the bank had overstated its case when seeking the injunction, the Court nevertheless concluded that the balance of convenience favoured maintaining the injunction. The reasons for judgment, released in December 2016, may be found here: China CITIC Bank Corporation Limited v. Yan, 2016 BCSC 2332. Randy and Ken also represented the bank in petition proceedings to recognize the award in British Columbia, and in February 2017, the arbitration award of approximately CAD 10 million was recognized by the Supreme Court of British Columbia.

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