J. Kenneth McEwan, Q.C.
Ken McEwan practices as general counsel, with a particular focus on complex corporate-commercial litigation, class action litigation, commercial arbitration and administrative law at the trial and appellate levels, including the Supreme Court of Canada. He received the designation of Queen’s Counsel from the Attorney General of British Columbia in 2004.
Mr. McEwan was named British Columbia litigator of the year for each of 2013 - 2016 by Benchmark Canada. He has also been a finalist for both Canadian class action litigator of the year and Canadian competition litigator of the year during that period. In 2017, he was named one of the leading 100 cross-border litigators in Canada by Lexpert Magazine in the categories of commercial litigation, class actions, and securities litigation. He was named in the 2017 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. He is listed in the Legal Post Best Lawyers in Canada in the areas of securities law, corporate commercial and class action litigation, and has received the highest ranking available in dispute resolution by Chambers Canada for 2017. Martindale-Hubbell has given Mr. McEwan a ranking of AV - Preeminent.
Mr. McEwan acts as both arbitrator and mediator of commercial disputes. He is a co-author of Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations published by Canada Law Book, which has been cited as authority in judgments across Canada. He is a member of the Chartered Institute of Arbitrators and the Western Canada Commercial Arbitration Society.
Mr. McEwan is a member of the Board of Governors of the International Society of Barristers, a Fellow of the American College of Trial Lawyers, and a Director of the Advocates’ Society. He has been appointed by the Law Society as the civil litigation representative to the Committee on Relations with the Judiciary. He was appointed by the Attorney General of British Columbia to the Supreme Court Rules Revision Committee where he served for many years until the committee disbanded in April 2016.
Mr. McEwan is author of the third edition of Sopinka on the Trial of an Action. He is an adjunct professor of law at the University of British Columbia Law School, teaching its trial advocacy course. He is a regular contributor to both the Continuing Legal Education Society of British Columbia and the Advocates’ Society on topics related to litigation and arbitration. He chairs a panel of the British Columbia Inns of Court project which was established to foster professionalism amongst young lawyers. Mr. McEwan is a past president of the Sopinka Cup Society which hosts the national finals of the Canadian law school trial moot competition in Ottawa.
Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 94: Counsel to Adera entities and management on successful application to remove certificate of pending litigation on properties adjacent to the Plaintiff’s residential building in which the Plaintiff claimed a failure by the Defendants to provide sufficient parking stalls.
Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 137: Counsel to Adera entities and management on successful summary trial application to have claim in respect of alleged failure to provide sufficient parking stalls pursuant to an Agreement of Purchase and Sale dismissed.
Soprema Inc. v. Wolrige Mahon LLP, 2016 BCCA 471 (with Trevor Bant): counsel in an appeal concerning the test for implied waiver in court pleadings of solicitor-client privilege. The reasons for judgment, now the leading case in this province.
Stewart v. Stewart et. al., 2016 BCSC 2256 (with Brian Duong): successfully defended an application brought against a national law firm claiming a disqualifying conflict of interest.
Ken McEwan, Q.C. and Rebecca Robb represented the Law Society of British Columbia in the Court of Appeal, successfully defending an appeal from a Discipline Panel’s finding of professional misconduct.
Zellstoff Celgar Limited Partnership v. British Columbia Hydro and Power Authority, 2015 BCCA 497: concerning British Columbia Utilities Commission’s jurisdiction and reasonableness in approving third party restrictions imposed through power purchase agreement between BC Hydro and FortisBC.
Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2013 SCC 58: Counsel to Cargill Incorporated as part of the Competition Trilogy, in which the claims of the plaintiffs were decertified;
Lee v. Georgia Properties Partnership, 2012 BCSC 1484: Counsel to the developer of the Hotel Georgia in successfully defeating certification of a proposed class of purchasers of residential units
Icahn Partner LP v. Lions Gate Entertainment Corp., 2010 BCSC 1547, 2010 BCCA 573, 2011 BCCA 228: Counsel to bondholders in securities litigation concerning Lions Gate Entertainment Corporation
VIH Aviation Group Ltd. v. CHC Helicopter LLC, 2011 BCSC 402, 2012 BCCA 125: Counsel to a joint venture partner in appeals from an arbitral award concerning the alleged termination of a joint venture agreement for helicopter services to the Newfoundland off-shore oil fields
Sturm v. Sprott Lending Corporation et al, 2014 BCSC 90: Counsel to the defendants in which the defendants successfully invoked a Sunset Clause in a plan of arrangement and the plaintiffs’ claims for shares in successor corporations were dismissed
Bellan v. Curtis et al, 2007 MBQB 221, Manitoba (Securities Commission) v. Crocus Investment Fund, 2009 MBQB 13: Counsel in class action litigation in the Manitoba Queens Bench involving the receivership of a labour- sponsored venture capital pool
Piscedda Mining Construction International Inc. v. Crew Gold Corporation et al, 2011 YKSC 79: Represented defendants in successful challenge to jurisdiction of Yukon Courts over claim for over $100 million in damages arising from development of a mine in Africa
Casey v. Copperleaf Technologies Inc., 2010 BCSC 417: Counsel to the directors of Copperleaf Technologies Inc. in the successful defence of oppression proceedings
British Columbia v. Imperial Tobacco Canada Ltd., 2009 BCCA 540: Counsel to Imperial Tobacco in the British Columbia Court of Appeal in third party litigation against the Government of Canada related to health care cost recovery claims by the Province of British Columbia, and related to claim for damages by class action plaintiffs Knight v. Imperial Tobacco Canada Ltd, 2009 BCCA 541
Aurizon Mines Ltd. v. Northgate Minerals Ltd., 2006 BCSC 1022, 2006 BCCA 340: Counsel to a plaintiff public mining company which successfully obtained a permanent injunction enjoining an attempted hostile take-over bid
Fanshawe College v. LG Phillips et al, 2011 ONSC 2484; Counsel to AU Optronics Corporation in competition class actions in British Columbia and Ontario
Counsel to a junior mining company in a recent series of commercial arbitrations and related oppression proceedings resulting in a February 2012 supported take-over of client for $100 million, a substantial premium to market;
Strother v. 3464920 Canada Inc., 2007 SCC 24: Counsel in a case involving the nature of a lawyer and law firm’s duties to former clients and the scope of equitable remedies available for breach of fiduciary duty
Ad hoc counsel to the British Columbia Securities Commission in a number of investigations and court proceedings;
Class action counsel in the national breast implant litigation for Minnesota Mining and Manufacturing Ltd. (3M) in both superior and federal courts
Counsel to Northern Continental Resources Inc. in defence of an attempted hostile take-over bid
Counsel to shareholders of Crew Development Corporation in hostile take-over bid dispute; Counsel to eDispatch.com in defence of an attempted take-over bid;
Counsel to Novus International Inc. in competition law class actions commenced in Ontario, Quebec and British Columbia;
Counsel to Western Delta Lands Partnership in complex commercial litigation involving the disposition of Burns Bog;
Counsel to MacDonald, Dettweiler and Associates in litigation involving the privatization of BC Online;
Represented the former flight attendants of Canadian Airlines in superior and federal courts in relation to issues arising out of the merger between Canadian Airlines and Air Canada.