WWW.LEGALANALYSIS.CA
Barrister & Solicitor
604-376-1716 (mobile)
mtsurumi@legalanalysis.ca
My practice is focused on legal research and analysis as well as submissions for tribunals, chambers, trials and appeals. Complementary to the legal analysis work, my work includes drafting pleadings and preparing continuing legal education materials.
I have experience in a broad range of matters, including, torts, contract disputes, commercial fraud, class actions, the Competition Act, trusts, restitution, constitutional challenges, regulatory investigations, jurisdictional issues, Aboriginal rights and title, administrative law and property rights at trial and appellate levels, including the Supreme Court of Canada.
My primary practice area is commercial litigation. I have experience in a broad range of matters, including, contract disputes, commercial fraud, class actions, the Competition Act, trusts, restitution, constitutional challenges, regulatory investigations, property rights, jurisdictional issues and Aboriginal title and rights. I have also assisted counsel with judicial reviews and submissions before administrative tribunals.
I am currently counsel for the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions.
I have been member of the and the Law Society of British Columbia's disciplinary panel pool since 2022.
From 2018 to 2023, i was a member of the BC Employment Standards Tribunal.
In 2022, I was Regional Commission Counsel for British Columbia with the federal Public Order Emergency Commission.
In 2019 to 2021, I provided assistance to the provincial Commission of Inquiry into Money Laundering in British Columbia.
In 2016 and 2019, I was Commission Counsel for the provincial Judicial Compensation Commissions, which assessed remuneration for Provincial Court judges and judicial justices.
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.
My experience in constitutional challenges includes work on a Charter challenge to the laws affecting sex work, particularly those engaged in street level sex work; a Charter and division of powers case relating to safe injection sites; the Charter, ss. 2, 7 and 15 rights of homeless people in Lower Mainland municipalities; and a s. 12 challenge to the constitutionality of a mandatory minimum sentence in the Controlled Drugs and Substances Act. I also provide assistance from time to time to the British Columbia Civil Liberties Association and Pivot Legal Society on various constitutional and civil liberties issues.
1264777 B.C. Ltd. v 0694813 B.C. Ltd., 2023 BCCA 410 (interpretation and application of s 146(2) of the BC Business Corporations Act (exception to the indoor management rule)
Jim Shot Both Sides, et al. v. His Majesty the King, Supreme Court File No. 40153 (application for leave to intervene and intervener factum; Aboriginal and Treaty rights and limitations of actions)
Trans Mountain Pipeline ULC v. Mivasair, 2023 BCCA 299 (appeal of criminal contempt conviction)
Ford v Lin, 2022 BCCA 179 (appeal of personal injury damages)
Steinlauf v. Deol, 2022 BCCA 96 (apportionment of fault and loss of future earning capacity and homemaking capacity)
McKnight v. Hutchison, 2022 BCCA 27 (partnership dissolution and breach of fiduciary obligations)
Rab v. Prescott, 2021 BCCA 1255 (damages for loss of future earning capacity)
Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 (indivisibility and loss of future income earning capacity)
Chichak v Chichak, 2021 BCCA 286 (holder of a registered judgment against title under the Court Order Enforcement Act takes that interest subject to the equities including a beneficial interest holder)
Kaur v. Tse, 2021 BCCA 137 (inordinately low damages award)
Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 (nature and scope of the duty of good faith in contracts)
Uy v. Dhillon, 2020 BCCA 163 (liability in a motor vehicle accident)
Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., Supreme Court File No. 38601 (application for leave granted, July 18, 2019)
Greater Vancouver Sewerage and Drainage District v. Wastech Services Ltd., 2019 BCCA 66 (appeal from judicial review of arbitration award; nature and scope of the duty of good faith in contracts)
Best Import Auto Ltd. v. Motor Dealer Council of British Columbia, 2018 BCSC 834 (judicial review of hearing procedural fairness and substantive penalty)
R. v. Comeau, 2018 SCC 15 (challenge to provincial legislation restricting access to liquor from other provinces)
Curtiss v. The Corporation of the District of West Vancouver, 2018 BCSC 509 (negligence claim against a municipality)
Kim v. Lin, 2018 BCCA 77 (loss of housekeeping capacity)
Pro-Sys Consultants Ltd., et al. v. Microsoft Corporation et al., B.C.S.C. No. L043175, Vancouver Registry (Defendants' Memorial filed November 20, 2017) (class action claiming civil damages for breaches of the Competition Act, unlawful means conspiracy, restraint of trade and unjust enrichment)
Araya v. Nevsun Resources Ltd., 2017 BCCA 401 (forum non conveniens, striking the plaintiffs' claims based on act of state and customary international law and denying the representative action)
Democracy Watch v. British Columbia (Attorney General), 2017 BCSC 1303 (service of petition and proper style of proceeding in a judicial review proceeding regarding the decision to approve the twinning of the Kinder Morgan Pipeline)
Delizia Limited v. Sunridge Gold Corp., 2017 FCA 188 (final order of garnishment, piercing the corporate veil and service under the State Immunity Act)
Allen (Guardian ad litem of) v. Bishop of Victoria, 2017 BCCA 237 (negligence claim against hospital and nurses)
Maxam Opportunities Fund Limited Partnership v. 729171 Alberta Inc., 2016 BCCA 53 (breach of contract)
Araya v. Nevsun Resources Ltd., 2016 BCSC 1856 (applications regarding forum non conveniens, striking the plaintiffs' claims based on act of state and customary international law and denying the representative action)
Sunridge Gold Corp. v. Delizia Limited, 2016 FC 392 (appeal of a prothonatary's final order of garnishment)
Abbotsford (City) v. Shantz, 2015 BCSC 1909 (Charter, ss. 2, 7 and 15 challenge to City bylaws on behalf of a public interest organization)
R. v. Lloyd, 2016 SCC 13 (co-counsel for the intervenor Pivot Legal Society and the Union of British Columbia Indian Chiefs; Charter, s. 12 challenge to a mandatory minimum sentence in the Controlled Drugs and Substances Act)
B.C./Yukon Association of Drug War Survivors v. Abbotsford (City), 2015 BCCA 142 (who should pay disbursements of a third party police department, public interest standing and appropriate Charter remedies)
B.C./Yukon Association of Drug War Survivors v. Abbotsford (City), 2015 BCCA 178 (motion for leave to be added as a party)
B.C./Yukon Association of Drug War Survivors v. Abbotsford Police Department and City of Abbotsford, 2015 BCCA 97 (motion for leave to appeal)
B.C./Yukon Association of Drug War Survivors v. Abbotsford (City), 2014 BCSC 1817 (motion to strike pleadings and to dismiss because of lack of standing)
R. v. Lloyd, 2014 BCCA 224 (co-counsel for the intervenor, Pivot Legal Society; Charter, s. 12 challenge to a mandatory minimum sentence in the Controlled Drugs and Substances Act)
Pro-Sys Consultants Ltd., et al. v. Microsoft Corporation, et al., Supreme Court of Canada Docket #34282, Decision on Motion for Re-hearing, October 15, 2014 (challenging the Supreme Court of Canada’s award of costs)
Attorney General of Canada, et al. v. Terri Jean Bedford, et al. (Ontario), 2013 SCC 72 (co-counsel for the intervenor, Providing Alternatives Counselling Education Society, Downtown Eastside Sex Workers United Against Violence Society and Pivot Legal Society; Charter, s. 7 challenge to prostitution-related provisions in the Criminal Code)
R. v. Gingras, 2013 BCCA 293 (Criminal Code and Charter challenge regarding use of interpreter)
Kopet v. Simon Fraser University, 2013 BCCA 143 (interpretation of statutory insurance provisions)
Downtown Eastside Sex Workers United Against Violence Society v. Canada (Attorney General), 2010 BCCA 439 (test for public interest standing)
PHS Community Services Society v. Canada, 2010 BCCA 15 (co-counsel for the intervenor, Dr. Peter AIDS Foundation; division of powers and Charter, s. 7 challenge to Ministerial exemption in the Controlled Drugs and Substances Act)
Knauf v. Chao, 2009 BCCA 605 (motor vehicle accident damages)
Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2009 BCSC 1303 (dispute over ownership of a strata hotel)
Barbour v. The University of British Columbia, 2009 BCSC 425 (challenge to the authority of the University of British Columbia to issue parking tickets)
R. v. Rojas, 2008 SCC 56 (Vetrovec and Duncan instructions)
Encorp Pacific (Canada) v. Rocky Mountain, 2008 BCSC 779 (negligence, fraud and equitable remedies)