Kinji C. Bourchier

Experience

• Advised on a major remediation cost-recovery claim against our client ICI Canada Inc. (ICI” and others in the British Columbia Supreme Court. The case has since been appealed and heard at the BC Court of Appeal. Judgement is under reserve. (J.I. Properties Inc. v. PPG Architectural Coatings Canada Ltd., 2015 BCCA 240)
• Acted for a client in respect of numerous contaminated sites matters One of these matters has implications on plaintiff culpability in environmental claims and also highlighted the conflict between municipal remediation standards and provincial ministerial standards and approvals.
• Successfully represented the defendant, Chevron Canada Limited, in a leading case on dismissal for want of prosecution in an environmental cost recovery action (Sea Gull Leasing Ltd. v. Wildcat Enterprises Ltd., 2012 BCSC 417)
• Successfully represented the defendant, Vascor, Ltd., a Kentucky-based company in a lengthy trial before the Supreme Court of British Columbia involving a claim in excess of $200 million based on allegations of unjust enrichment, conversion, quantum meruit and waiver of tort (Can-Auto Inspections Inc. v. Vascor, Ltd. 2011 BSCS 1644)
• Successfully represented the defendant, Sleep Country Canada Inc., in a 42 day trial before the Supreme Court of British Columbia involving allegations of inducing breach of contract and business torts, including interference with economic relations (Canadian Bedding Company Ltd. v. Western Sleep Products Ltd., 2009 BCSC 1499)
• Succeeded in proving fraud against a claimant of disability benefits from a benefit trust (The Trustees of the IWA- Forestry Industry Ltd. Plan v. Bhullar, 2008 BCSC 168)
• Successfully represented the petitioner in a property tax appeal to the British Columbia Supreme Court (CPR v. Vancouver (City), 2007 BCSC 1774)
• Successfully defended a shareholder's rights plan before the BC Securities Commission (Re: Imperial Metals Corporation, CAT Gold Corporation and bcMetals Corporation, November 10, 2006)
• Represented dissident shareholders in a contested plan of arrangement proceeding involving the oppression remedy and stays of proceedings before the British Columbia Court of Appeal (Scion Capital v. Bolivor Gold Corp, 2006, YKSC17, 2006 YKCA001)
• Successfully represented the defendant Chevron Canada Limited in contaminated site claims under the Environmental Management Act in the leading case in British Columbia on remediation allocation of costs claims (Gehring et al. v. Chevron Canada Limited et al., 2006 BCSC 1639)
• Successfully represented the plaintiff in a leading decision on the jurisdiction of the Supreme Court of British Columbia over foreign defendants (Xystus v. Century Mining Corporation, 2005 BCSC 741)
• Successfully represented the defendants in a leading decision on the scope of fiduciary duties (32262 B.C. Ltd. v. Pacific Sign and Design Ltd. et al., 2003 BCSC 1724)
• Represented the appellant in a leading case on the law surrounding the Railway Act, and aboriginal title claims (Canada (A.G) v. Canadian Pacific Ltd., 2002 BCCA 478)
• Pursuing claims for declaration of coverage in insurance contexts
• Regularly appears as lead counsel in the Supreme Court of British Columbia and the Alberta Court of Queen’s Bench on Plans of Arrangement and other corporate transactional Court approval applications, including fairness hearings.
• Represented both plaintiffs and defendants in products liability and engineering litigation claims involving airplane propellers, elevating devices, valves and other industrial products