I spent almost three years in the commercial litigation practice group at Fasken Martineau DuMoulin LLP. There I gained practical experience through an astounding 39 pre-trial appearances in one case! The legal issues I encountered spanned torts, contracts, damages, equitable remedies, property law, court and arbitration procedural matters, and shareholder disputes. Additionally, I successfully argued two plaintiff-side personal injury appeals.
As a sole practitioner, my practice has included work on commercial class actions, contract disputes, personal injury appeals, family/estate litigation, and debt collection. I also write updates for two textbooks in the area of civil litigation practice: McLachlin & Taylor, British Columbia Practice, and CLE BC’s Civil Jury Instructions.
From 2010 to 2012, I was a Junior Commission Counsel for the Federal Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River. In 2013, I served as Commission Counsel to the BC Provincial Judges Compensation Commission. My practice has also included work related to the BC Police Complaints Commissioner’s process for investigating police misconduct.
Since 2013, I have sat on the BC Employment and Assistance Appeals Tribunal, hearing appeals under the Employment and Assistance Act, Employment and Assistance for Persons with Disabilities Act, and related acts and regulations.
Criminal law bloomed as an early interest in law school, where I worked as a criminal law research assistant and participated in the Gale Cup Moot. I also published academic papers on criminal harassment (co-authored with Isabel Grant and Natasha Bone) and on the constitutionality of Canada’s Anti-Terrorism Legislation, for which I won the CBA’s national law student essay award in 2003. Since 2012, I have worked on a number of appeals and leave to appeal applications in criminal matters, mostly related to evidentiary issues and search and seizure issues under s. 8 of the Charter.
Prior to becoming a lawyer, I worked as an environmental consultant on ecosystem health and watershed management issues, and as an outreach coordinator for West Coast Environmental Law. More recently, my law practice has included contaminated sites issues (statutory and common law liability), written submissions to a combined Federal-Provincial environmental assessment of a mining project, and written submissions in relation to a National Energy Board inquiry into a pipeline project.
In 2015, I helped draft detailed pleadings for a First Nation commencing an Aboriginal title claim to its traditional territory.
My practice comprises all aspect of legal research, writing, analysis, and editing. I prepare submissions, factums, motions, pleadings, reports, papers, legal memoranda, textbook updates, and other litigation-related documents such as evidence summaries or mediation briefs. In complex litigation matters with large counsel teams, I also assist with writing plans, outlines, and substantive editing for common voice and style.
The subject matter of my work is diverse and intellectually challenging. One day I am immersed in a commercial dispute involving anti-competitive conspiracies; the next I am drafting submissions for a First Nation intervenor in a National Energy Board hearing, or preparing a leave to appeal to the Supreme Court of Canada on Charter issues in a criminal matter.
Barrister & Solicitor
778-231-0087 (mobile)
kgrant@legalanlaysis.ca
Police Complaint Commissioner of British Columbia v. The Abbotsford Police Department and the Attorney General of British Columbia, 2015 BCCA 523 - assisted counsel in preparation of appellant's factum and reply factum on issues concerning the scope of informer privilege in the context of a police misconduct investigation
R. v. Paterson, [2015] S.C.C.A. No. 360 – drafted application for leave to appeal against conviction on the role of judicial supervision and authorization of telewarrants, the use of an accused’s involuntary statements on a Charter application, and the ambit of exigent circumstances to justify an unwarranted search
Watson v. Bank of America Corp., 2015 BCCA 362 – edited defendants’ factum in appeal of certification decision for a class action brought against credit card companies and banks for alleged overcharges
Watson v. Bank of America Corp., 2014 BCSC 532 – edited and provided writing assistance for defendants’ submissions in a certification proceeding for a class action against credit card companies and banks for alleged overcharges
R. v. Wilcox, 2014 BCCA 65 – drafted factum in an appeal against conviction for possession of cocaine for the purpose of trafficking
R. v. Wilcox, 2014 BCCA 357 – prepared written submissions for counsel appearing on an application to re-open an appeal
R. v. Wilcox, [2014] S.C.C.A. No. 447 – drafted application for leave to appeal to Supreme Court of Canada on issue of whether trial judge failed to raise an obvious issue not raised by counsel, impermissibly shifted the burden of proof, and relied on expert evidence contrary to R. v. Sekhon, 2014 SCC 15
R. v. Ashby, 2013 BCCA 334 – drafted factum for appeal of conviction of possession of marijuana for purpose of trafficking on issues related to lawfulness of arrest and permissible use of an accused’s statements
R. v. Carpio, 2013 BCPC 305 – prepared written submissions for defence counsel concerning police failure to comply with mandatory Criminal Code provisions to make a Form 5.2 Report following a search and seizure
Stenner v. Bradshaw, [2012] S.C.C.A. No. 392 – co-counsel on application for leave to appeal to Supreme Court of Canada in a case concerning the application of the parol evidence rule to proof of an express trust for an interest in land
Campbell v. Banman, 2009 BCCA 484 – drafted response factum for successful plaintiff in relation to an appeal against an award for loss of housekeeping capacity
Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2009 BCSC 1303 – co-counsel for successful corporate plaintiff seeking specific performance of a contract to lease hotel strata units
Stone v. Ellerman, [2009] S.C.C.A. No. 364 – drafted application for leave to appeal to Supreme Court of Canada in personal injury appeal
Marois v. Pelech, 2009 BCCA 286 – counsel for successful respondent-plaintiff in personal injury appeal
George v. McMahon, 2009 BCCA 76 – counsel for successful respondent before panel reviewing order of a justice dismissing an appeal as abandoned
Lines v. W & D Logging Co. Ltd., 2009 BCCA 106 - prepared factum for counsel appearing for the plaintiff-appellant on an appeal of a personal injury damages award
George v. McMahon, 2008 BCCA 497 – counsel for successful applicant-petitioner in an application before a justice to have an appeal dismissed as abandoned
McIlvenna (Litigation guardian of) v. Viebig, 2008 BCCA 105 (and 2008 BCCA 258) – co-counsel for successful appellant-plaintiff, receiving order for a new trial in a personal injury appeal
Executive Inn Inc. et al, v. Tan et al, 2008 BCCA 93 – co-counsel for successful corporate respondent in relation to the appeal of an order under the Notice to Mediate (General) Regulation
Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2008 BCSC 953 – co-counsel for successful applicant seeking to compel a mediation, and related orders, under the Notice to Mediate (General) Regulation
Tsawwassen Residents Against Higher Voltage Overhead Lines Society v. British Columbia (Utilities Commission), 2007 BCCA 211 – co-counsel for successful respondent in appeal from the British Columbia Utilities Commission
Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc. and others, 2007 BCSC 1953 – co-counsel for successful applicant seeking to adjourn trial of commercial dispute
Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2007 BCSC 1748 – co-counsel for unsuccessful applicant seeking to disqualify defendants’ counsel
Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2007 BCSC 1420 – co-counsel for unsuccessful applicant seeking production of solicitors filesLe Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2007 BCSC 1295 – co-counsel for successful applicant seeking to compel answers to questions on examination for discovery