Publications

Some of the recent publications authored by members of Hunter Litigation Chambers include the following works in the following areas:

Commercial Litigation and Arbitration

"Meanwhile, On The West Coast…" (The Waiver of Tort doctrine in Class Actions) by Brent Olthuis, for the Ontario Bar Association's Class Action Newsletter.

"Setting the Fee for Commercial Litigation – Ethical and Practical Considerations", presented by John Hunter Q.C. at the Canadian Bar Association (British Columbia Branch) Annual Branch Conference, November 22, 2009, Los Angeles California.

"Restitutionary Remedies in Tort: Gain-Based Relief and the Waiver of Tort Debate" by J. Kenneth McEwan, Q.C. and Tam Boyar prepared for Restitution, Continuing Legal Education Society of British Columbia, April 8, 2009, Vancouver, B.C.

"Advanced Arbitration Law: Recent Developments in the Law of Commercial Arbitration" by J. Kenneth McEwan, Q.C. and Paul D. Heisler prepared for Arbitration Law - Advanced Issues, Continuing Legal Education Society of British Columbia, May 1, 2009, Vancouver, B.C.

"Commercial Arbitration in Canada: A Guide to Domestic and International Arbitrations", by Ken McEwan Q.C., published by Canada Law Book, 2006

Practice and Procedure

"Presenting a Civil Appeal", prepared by John Hunter Q.C. for the Continuing Legal Education Society of BC's Conference on Appellate Practice (October 2010), revised from the paper originally prepared for the CLE’s Advocacy Conference (November 2001), and reprinted in the CLE’s conference "Presenting a Civil Appeal" (November 2006).

Case Commentary on MacEachern (Committee of) v. Rennie", by Brent Johnston, published in Carswell's Practices Cases at (2009), 80 C.P.C. (6th) 7.

"A Litigator's Arsenal 2009 - The Rules Behind the Rules" by J. Kenneth McEwan, Q.C. prepared for Court Rules 2009, Continuing Legal Education Society of British Columbia, April 2, 2009, Vancouver, B.C.

"Principles and Practice in Interlocutory Injunctions", by John Hunter, Q.C., in Injunctions -- British Columbia Law and Practice (Continuing Legal Education Society of British Columbia, 2nd edition, 2009)

"Civil Procedure -- Court Rules" by Mark Oulton, Stephanie McHugh, Shannon Ramsay and Jacqueline Hughes in the Continuing Legal Education's Annual Review of Law and Practice (2008)

"Common Interest: A New Breed of Privilege or More of the Same Old Song?", by Mark Oulton presented November 17, 2008 to The Advocate's Club, Vancouver, B.C.

"Civil Procedure - Court Rules" by Mark Oulton, Stephanie McHugh, Brent Olthuis and Shannon Ramsay in the Continuing Legal Education Society of BC's Annual Review of Law & Practice (2007)

"Limitations on Discovery under the Concept Draft and Examinations for Discovery" and "Expert Evidence: The Role of Gatekeeper and the Concept Draft", by Ken McEwan Q.C., for the Continuing Legal Education Society's annual Civil Litigation Conference, Vancouver, November 2007

Aboriginal Law

"Aboriginal Rights Litigation", by John Hunter, Q.C., 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)

"The Constitution's Peoples: Approaching Community in the Context of Section 35 of the Constitution Act, 1982" by Brent Olthuis, (2009) 54 McGill Law Journal 1

"Current Developments on Aboriginal Title", by John Hunter, Q.C., prepared 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.

"Proving Aboriginal Rights and Title after Tsilhqot'in" by John Hunter, Q.C., 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.

"Current Themes in Consultation and Accommodation" for the Conference on "Aboriginal Law Fundamentals", by John Hunter, Q.C., Continuing Legal Education Society of British Columbia, Vancouver, B.C. October 4, 2006

Administrative and Labour Law

"Life, Liberty and Security of the Person as Generalized Human Rights: A Section 7 Redux" by Brent Olthuis, prepared for and presented at the Continuing Legal Education Society of BC's Human Rights Conference, Vancouver, BC, November 25, 2011

"Criminal Investigators in Municipal Functionaries' Clothing?: the Safety Standards Act and Controlled Substances Bylaws" by Brent Olthuis, prepared for and presented at the Trial Lawyers Association of British Columbia's Contemporary Criminal Law Conference, Vancouver, BC, September 23, 2011

"Labour and Employment Disputes", by Randy Kaardal, in Injunctions -- British Columbia Law and Practice (Continuing Legal Education Society of British Columbia, 2nd edition, 2009)

"Administrative Law" by K. Michael Stephens and Gib van Ert in the Continuing Legal Education's Annual Review of Law and Practice (2008)

"Ethical and Practical Issues in Administrative Law Practice", by John Hunter, Q.C., prepared for the Administrative Law Conference, 2008, Continuing Legal Education Society of British Columbia, Vancouver, B.C. November 28, 2008

"Administrative Law" by K. Michael Stephens in the Continuing Legal Education's Annual Review of Law and Practice (2007)

"Administrative Law" by K. Michael Stephens in the Continuing Legal Education's Annual Review of Law and Practice, 2006

Ethics and Professionalism

"Post-Call Professional Legal Education -- the B.C. Approach", by John Hunter, Q.C., prepared for and presented at the Symposium of Lifelong Learning in Professionalism, presented at the Chief Justice of Ontario's Advisory Committee on Professionalism, February 20, 2009, Toronto, Ont. and published in the Canadian Legal Education Annual Review at 2010 C.L.E.A.R. 93.

"Professional Conduct", by Brent Olthuis, Chapter 3 in Canadian Legal Practice (Markham: LexisNexis Canada, 2009)

"Ethical and Practical Issues in Administrative Law Practice", by John Hunter, Q.C., prepared for the Administrative Law Conference, 2008, Continuing Legal Education Society of British Columbia, Vancouver, B.C. November 28, 2008

"Assisting at Trial", by Mark S. Oulton and Daniel Corrin prepared for and presented to the TLABC New Lawyers Litigation Group and the CBA Vancouver's Young Lawyer Section, January 18, 2007, Vancouver, BC

International Law

"Canada" by Gib van Ert, Chapter 4 in D. Sloss, ed., The Role of Domestic Courts in Treaty Enforcement: A Comparative Study (Cambridge: Cambridge University Press, 2009)

"Canadian cases in Canadian Cases in Public International Law in 2007-8 / Jurisprudence canadienne en matière de droit international public en 2007-8" by Gib van Ert in [2008] Canadian Yearbook of International Law

Using International Law in Canadian Courts, 2nd ed. by Gib van Ert (Toronto: Irwin Law, 2008) Canadian cases in Canadian Cases in Public International Law in 2006-7 / Jurisprudence canadienne en matière de droit international public en 2006-7" by Gib van Ert, [2007] Canadian Yearbook of International Law 527-62