Randy J. Kaardal, Q.C.
Randy J. Kaardal, Q.C. is a senior litigator handling a wide range of commercial litigation for clients in the financial, mining, forestry, and manufacturing sectors. He has conducted hearings before all levels of Court in Canada, including the Supreme Court of British Columbia, the British Columbia Court of Appeal and the Supreme Court of Canada. He also regularly appears before various administrative tribunals including the B.C. Securities Commission, the Federal and Provincial Human Rights Tribunals, and the Environmental Appeal Tribunal. In addition, Mr. Kaardal maintains a labour and employment practice representing both employers and employees on employment, labour and pension issues. In this capacity he has appeared in numerous arbitration hearings and in proceedings before both the federal and provincial labour relations boards and the superior courts.
Mr. Kaardal is recognized in The Canadian Legal Lexpert Directory as one of the leading lawyers in Canada. He is recognized in The Best Lawyers in Canada and has previously been identified in the London-based Chambers Global Guide as one of British Columbia's leading employment counsel. He served as a law clerk to the Honourable Beverley McLachlin, then Justice of the British Columbia Court of Appeal, and the Honourable Henry Hutcheon from 1986 to 1987.
He has been a lecturer at the Faculty of Law, University of British Columbia and has spoken at seminars and conferences sponsored by the Continuing Legal Education Society of British Columbia, the Justice Institute of British Columbia, the Canadian Institute for the Administration of Justice and the Canadian Environmental Association and the American Bar Association.
In 2013 Mr. Kaardal was appointed a member of both the Provincial Court Judges Compensation Commission and the Judicial Justices Compensation Commission.
In 2014 Mr. Kaardal was appointed Queen’s Counsel.
In 2016 he was re-appointed as a Member of the 2016 Judicial Compensation Commission.
In 2017 Mr. Kaardal was appointed to the Register of Timber Harvesting Contract and Subcontract Mediators and Arbitrators.
Recent Professional Activities
Speaker at Insight's 11th Edition Western Labour and Employee Relations Forum. Presented a paper entitled: Navigating the Issue of Retirement with the Abolition of the Mandatory Retirement Age, Vancouver, BC, January, 2015
Speaker: CBA Administrative Law, Labour and Employment Law Conference. Presented a paper entitled: A British Columbia Perspective on the participation of the Tribunal, Issues of Fairness and the Contents of the Record on Judicial Review Proceedings, Ottawa, ON, November, 2014
Speaker: "Human Rights and Accommodation Conference", Lancaster House, Vancouver, B.C., April 2013
Speaker: CBA – BC Employment Law Section “Ethical and Strategic Issues respecting Wrongful Dismissal Matters” (October 2011)
Participated and Panellist - "Retaliations and Reprisal: Protecting the Human Rights Complaint", Lancaster House "Human Rights and Accommodation Conference", Vancouver, British Columbia, March 30, 2011
Presenter - 6th Annual Western Canada Labour Relations Conference, Insight. Presented a paper entitled: The Impact of Honda v. Keays on Labour Arbitration, Vancouver, B.C., January 18 & 19, 2011
Speaker - "2010 National Administrative Law, Labour & Employment Law and Privacy & Access Law Conference", Canadian Bar Association, Ottawa, Ontario, November 26 and 27, 2010
Participated as a speaker at the Federated Press' "Managing Employees Disabilities" and presented a paper entitled Managing & Accommodating Employees With Disabilities: When is Enough Enough? (April, 2009)
Chair of the Pacific Business & Law Institute's "Employment Law: Staying Current in Critical Times". Presented a paper entitled Employment Class Actions: An Update (June 2009)
Speaker – "Practical Implications of the Supreme Court of Canada Decision in RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc.", Employment Law Subsection, British Columbia Bar Association, Vancouver, B.C., November 24, 2008
Speaker/Presenter – "Proving and Disproving Apprehensions/Allegations of Bias: Key Issues", Advanced Administrative Law & Practice West, The Canadian Institute, Vancouver, B.C., May 1, 2008
Speaker/Panel Member – "Human Rights and Workplace Privacy Conference", Lancaster House, Vancouver, B.C., April 19, 2007
Co-chair – "The Latest Legal Developments – New and Proven Strategies for Avoiding Liability", Western Canadian Advanced Forum of Employment Law, the Canadian Institute, Vancouver B.C., February 23-24, 2007
Speaker/Panel Member – "Human Rights 2005", Continuing Legal Education, Vancouver, B.C., November 2, 2005
Speaker – "British Columbia Court Re-Establishes Employee Mitigation Rules upon Sale of a Business", recent Developments on Labour and Employment Law in Ontario, Toronto, ON, June 24, 2005
Presenter "Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), 2004 SCC 74 and The Duty to Accommodate (updated)", First Nation Forestry Tax Conference, Vancouver, B.C., May 18-19, 2005
Speaker – "The Employer’s Duty to Accommodate", The Canadian Institute, Vancouver, B.C., May 12-13, 2005
Presenter – "The Changing Landscape of Aboriginal Engagement: Perspectives in Recent Supreme Court Rulings", Canadian Energy Pipeline Associations’ Aboriginal Engagement Workshop, February 24, 2005
Presenter and Panellist – "The Haida and Taku River Decisions", Continuing Legal Educations Society of British Columbia, February 3, 2005
Presenter and Panellist – "Improving BC Land Access & Community Consultation", The Canadian Institute, November 25-26, 2004
Presenter – "Bridging the Gap", B.C. Human Resources Management Association, June 9-10, 2004
Presenter: "Managing and Accommodating the Disabled: The Employer’s Burden Evidentiary and Otherwise", The Latest Developments – New and Proven Strategies for Avoiding Liability, The Canadian Institute, Vancouver, B.C., February 23-24, 2004
In his role as counsel, Mr. Kaardal has been lead counsel in many cases that have set important precedents or have attracted significant public interest:
Butterfield (Re), 2017 LSBC 02 – successfully represented the Law Society of British Columbia in a matter involving a conditional admission of professional misconduct by a lawyer for sexually harassing two employees. This is the first instance the Law Society of British Columbia has disciplined a lawyer for sexual harassment as professional misconduct.
China CITIC Bank Corporation Limited v. Yan, 2016 BCSC 2332: 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.
Grewal v. Grewal and Grewal, 2016 BCCA 237: counsel in a successful appeal from a trial judgement allowing partition of property and valuation of assets on basis that the trial judge's staged process of re-opening the trial and releasing incomplete and conflicting judgements was unfair and prejudiced the Appellant. Now a leading decision from BCCA on fair trial process.
Ogden v. Canadian Imperial Bank of Commerce, 2015 BCCA 175: Successfully appealed a trial judgment, in which the trial judge had found that the appellant had wrongfully terminated the employment of the respondent for cause. The appeal was allowed on the bases that the trial judge had misconstrued the legal argument of the appellant, had made irreconciliable findings of fact and had misapprehended evidence.
Haghdust v. B.C. Lottery Corporation, 2014 BCSC 1327: (co-counsel with S. Ramsay and B. Olthuis): successfully represented the British Columbia Lottery Corporation (BCLC) in one of British Columbia's first common issues trials under the Class Proceedings legislation. In the result, the Court upheld BCLC's right to withhold jackpots from individuals excluded gaming facilities by reason of their enrolment in a Voluntary Self Exclusion program.
Catalyst Paper and CRSEA, 2012 BCSC 451: Mr. Kaardal represented the Catalyst Retired Salaried Employee Association (CRSEA) in the CCAA restructuring of Catalyst. The proposed winding-up and sale of the company would have crystallized a $115 million deficit in the underfunded salaried employee pension fund and affected CRSEA's 1000 members significantly. On behalf of CRSEA, Mr. Kaardal was instrumental in proposing an alternate compromise which resulted in a rare second CCAA plan that avoided the sale of the company and allowed continuation of the Pension Plan.
Avanti Mining Inc. v. Kitsault Resort Ltd., 2010 BCSC 1181
Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 1: Mr. Kaardal represented the employer in the leading British Columbia decision determining that mandatory overtime provisions of the Employment Standards Act are not incorporated as terms of employment contracts and as such entitlement to overtime in accordance with such provisions cannot be pursued by class action or individual civil court action.
Taku River Tlingit First Nation v. British Columbia (Project Assessment Director), 2004 SCC 74: a companion case to Haida Nation. Mr. Kaardal successfully represented the proponent of the mine in this leading case which clarified the Crown’s duty to consult with potentially affected First Nations and establishes the circumstances when the duty to consult with First Nations has been met.
C.D. Lee Trucking Ltd. v. Industrial Wood and Allied Workers of Canada (1998), 47 C.L.R.B.R. (2d) 1 (B.C.S.C.): establishing principles concerning the standard of reasonable apprehension of bias of a member of the Labour Relations Board and ordering the Chair of the Board to not be involved with a certain labour relations dispute.
McPhillips v. British Columbia Ferry Corporation, 1994 BCCA 6416:
R. v. Rivtow Straits Ltd., 1993 BCCA 1769
Wasilifsky v. North Vancouver Teachers' Assn., (1990) 9 C.L.R.B.R. (2d) 206 (B.C. I.R.C.): established that the Industrial Relations Code of British Columbia violated the Canadian Charter of Rights and Freedoms protection of religions freedoms thus allowing the two teachers to be exempt from union membership.
Co-author, "The Gig Economy: Dependent Contractors, Workers’ Rights, and the Canadian Approach", paper presented at the American Bar Association’s Midwinter Meeting of the Employment Rights and Responsibilities Committee, March 2018
Navigating the Issue of Retirement with the Abolition of the Mandatory Retirement Age, paper presented at Insight's "11th Edition Western Labour and Employee Relations Forum", January 2015
A British Columbia Perspective on the participation of the Tribunal, Issues of Fairness and the Contents of the Record on Judicial Review Proceedings, paper presented at CBA's "Administrative Law, Labour and Employment Law Conference", November 29, 2014
The Impact of Honda v. Keays on Labour Arbitration, paper presented at Insight's "6th Annual Western Canada Labour Relations Conference", January, 2011
Managing & Accommodating Employees With Disabilities: When is Enough Enough?, paper presented at the Federated Press' "Managing Employees Disabilities", April 2009
Employment Class Actions: An Update, presented a paper at the Pacific Business & Law Institute's "Employment Law: Staying Current in Critical Times", June 2009
"Supreme Court of Canada Creates Constitutional Right to Collective Bargaining", Employment and Labour Law Report, Vol. 17, No. 4, July 2007
"Accidental Termination Costs in B.C. Seniors Home $700,000.00", Canadian HR Reports, December 18, 2006
"Forced Listening: British Columbia’s New Unfair Labour Practice", Employment and Labour Law Reporter, Vol. 15, No. 6, September 2005
"British Columbia Court Re-Establishes Employee Mitigation Rules Upon Sale of a Business", Employment and Labour Law Reporter, Vol. 15, No. 3, June 2005
"The Criminalization of Workplace Safety: Addressing Personal and Corporate Liability Following Bill C-45", paper presented at Insight Information Co.’s Mining Forum, April 14 - 15, 2005 (co-author)
"Taku River Tlingit First Nations v. British Columbia (Project Assessment Director), 2004 SCC 74 and The Duty to Accommodate", The Haida and Taku River Decisions", Continuing Legal Education (CLE) of B.C., Hyatt Regency, Vancouver, B.C., February 3, 2005
"Haida and Taku River Decisions – A Modest Proposal", Improving BC Land Access & Community Consultation", Canadian Institute, Fairmont Hotel, Vancouver, B.C., November 25-26, 2004
RANDY KAARDAL NAMED FELLOW OF LITIGATION COUNSEL OF AMERICA
Randy Kaardal has been selected as a Fellow of the Litigation Counsel of America. The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. The LCA is aggressively diverse in its composition. Established as a trial and appellate lawyer honorary society reflecting the American bar in the twenty-first century, the LCA represents the best in law among its membership. The number of Fellowships has been kept at an exclusive limit by design, allowing qualifications, diversity and inclusion to align effectively, with recognition of excellence in litigation across all segments of the bar. Fellows are generally at the partner or shareholder level, or are independent practitioners with recognized experience and accomplishment. In addition, the LCA is dedicated to promoting superior advocacy, professionalism and ethical standards among its Fellows.
Martindale-Hubbell has released their 2018 ratings. Bill Smart, Mark Oulton and Brent Olthuis received the “AV/Preeminent” rating from their peers, which is the highest ranking. Michael Stephens and Randy Kaardal received the “Distinguished” rating. Each of these rating means that they were deemed by their peers to have very high professional ethics and preeminent/distinguished legal ability. Only lawyers with high ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.
Hunter Litigation Chambers has again been listed as one of the three top dispute resolution firms in British Columbia by the influential Chambers Guide 2018. Randy Kaardal, Q.C., Michael Stephens, Mark Oulton, Brent Olthuis and Claire Hunter were identified as leading litigation practitioners in the Guide.
The Best Lawyers in Canada (2018 Edition) recognized Randy J. Kaardal, Q.C. in 5 areas of Law: Administrative and Public Law, Alternative Dispute Resolution, Appellate Practice, Corporate and Commercial Litigation, and Labour and Employment Law.
Randy Kaardal, Q.C., Ryan Androsoff, and Rebecca Robb represented an Alberta-based Rural Electrification Association in successfully defending against an application brought by the adverse electrical distribution utility for a declaration that an arbitrator had lost jurisdiction to deal with costs. The utility sought to deny the Association the opportunity to claim its costs of a lengthy and hard-fought arbitration brought under the Alberta Electric Utilities Act and the related Roles, Relationships and Responsibilities Regulation in which the Association enjoyed substantial success. The arbitrator’s ruling that he retains jurisdiction to deal with costs means the Association may now seek recovery from the utility of the considerable expense it incurred in the course of the arbitration.