William B. Smart, Q.C.
William Smart is a senior litigator who has 40 years of experience primarily in the areas of criminal, administrative and regulatory law. This includes representing clients under investigation or charged pursuant to various federal and provincial Acts such as the Income Tax Act, Canada Labour Code, Fisheries Act, Customs Act, Excise Act, Workers Compensation Act, Mines Act, Securities Act, Police Act, Gaming Enforcement Act and Elections Act, as well as representing lawyers, teachers, and health care professionals before their respective regulatory bodies. He has appeared for both the defence and Crown in all levels of court in British Columbia and the Yukon Territory, as well as before the Supreme Court of Canada. He is peer rated by Martindale-Hubbell with its highest level of professional excellence, Pre-eminent Counsel (AV).
Mr. Smart was appointed Queen’s Counsel in 1996, and was the 2001 Milvain Visiting Chair in Advocacy at the University of Calgary Faculty of Law. He was inducted as a Fellow of the American College of Trial Lawyers in 2002 and a Fellow of the International Society of Barristers in 2005.
He has been a regular contributor to continuing legal education programs for over thirty five years, including as a faculty member of the Federation of Law Societies National Criminal Law Program since 1984. He has been co-chair of the McEachern Advanced Trial Advocacy Course at the UBC Faculty of Law since 2012. He was a member of Canada’s 1972 Olympic Track and Field team.
Sateri (Shanghai) Management Limited v. Vinall, 2017 BCSC 491 (with Ken McEwan, Q.C. and Ken Leung): 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.
Benchmark Canada has released its 2018 Attorney rankings and each of Claire Hunter, Randy Kaardal, Q.C., Brent Olthuis, Mark Oulton, Bill Smart, Q.C. and Michael Stephens are recognized as litigation stars.
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.
Mark Oulton and Brent Olthuis acted as volunteer guest instructors for the Mock Civil Trial portion of UBC Allard Law’s Allan McEachern Course in Trial Advocacy, for which Bill Smart is one of three adjunct faculty instructors.
The Best Lawyers in Canada (2018 Edition) recognized William Smart for Criminal Defense.
William Smart, Q.C., Ken McEwan, 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.