Partner
Kevin Smith *
Office
Vancouver
Key Practice Area
Advocacy & Litigation
Year of Call
2014
*A LAW CORPORATION
Qualifications
British Columbia Bar (2018)
Qualified as a Solicitor in England and Wales (2014) (Currently non-practicing)
Education
Oxford University (B.A., Jurisprudence, 2011)
Princeton University (B.A., Hons., History, 2007)
Kevin has a broad litigation practice, and advises clients on a wide range of contentious and non-contentious legal issues. He has successfully represented clients in all levels of court in British Columbia.
Kevin has acted in numerous public law matters, including constitutional, administrative, environmental, aboriginal and human rights cases, as well as in other civil litigation, including estates matters, employment disputes, class actions, and a range of other corporate and commercial disputes. Kevin has a particular focus on issues relating to charities and not-for-profit societies, including religious organizations, and frequently advises on both disputes and governance issues more generally in those contexts. He often takes on public interest matters, and frequently assists clients on a pro bono basis. Outside the office, he is active as a leader in a number of community organizations.
Kevin is qualified as a solicitor in England and Wales, and prior to returning to Vancouver practiced with a large international firm in London, where alongside general commercial litigation work he developed a particular focus on public law matters, including human rights and civil liberties cases.
- Duncan et al v. British Columbia (Education and Child Care): Acting for the former Victoria School Board Trustees in relation to a judicial review of the decision of Cabinet to dismiss them (Ongoing).
- Burke et al v. Red Barn: Acting for the victims of criminal voyeurism in a civil class action against the perpetrator and his employer, alleging breach of privacy, vicarious liability and negligence (2023 BCSC 367; 2024 BCSC 965) (Ongoing).
- Cooper Estate: Acted on behalf of a common-law spouse of a deceased individual, obtaining an order upholding an unsigned draft for the purposes of the revocation clause only, with the result that the Estate went on an intestacy basis (2024 BCSC 218).
- Kaps v. Surrey (City): Acted for members of the “Keep the RCMP in Surrey” grassroots campaigning group in a successful challenge to a municipal bylaw purporting to ban “political signs” (2022 BCSC 1191).
- Force of Nature Society et al v. Surrey (City): Acted for environmentalists in a challenge to a municipality’s proposal to build a highway through Bear Creek Park. Obtained an interlocutory injunction (2021 BCSC 1676) which was upheld on appeal (2021 BCCA 394).
- De Angelis v. Siermy: with Farris Partners Robert S. Anderson K.C. and Mike Wagner, successfully defended a claim alleging a “testamentary contract” worth at least $30 million. The Farris team successfully proved the alleged contract was invented by the plaintiff and the documents supporting that contract were forged (2022 BCSC 31; aff’d 2022 BCCA 401; leave ref’d 2023 CanLII 67205 (SCC)).
- Acted for the head of a public institution in relation to a high-profile workplace inquiry.
- Acted for employees of a public body in relation to an Ombudsperson Investigation.
- Conducted a review and drafted a comprehensive report for a faith organization on a recent Episcopal Election.
- Ongoing: acting for the Administrators of the Estate of Gang Yuan in a complex intestacy involving nine proceedings for and against the Estate and multiple appeals.
- April 29, 2023 – Co-presented “Fundamentals of Litigation Management” webinar as part of the Canadian Corporate Counsel Association’s “In-House Counsel Bootcamp” series.
- “Wearing Sadness On Your Sleeve: Mourning Bands, Weepers, and Public Mourning at Court”, The Advocate, (Vol. 79; Issue 4), July 2021, pp.625-627.
- Legal panellist and contributor to a new book reviewing the international law applicable to children in armed conflict and which advocates for reforms in this area. Shaheed Fatima Q.C. et al., Protecting Children in Armed Conflict, (London: Hart Publishing, 2018)
- “Welcome to the Machine? Considering the Ethics of Legal Technology”, The Advocate (Vol. 77; Issue 1), January 2019, pp.43-53
- “Prepping, Not Coaching: The Ethics of Witness Preparation in Civil Litigation”, The Advocates’ Quarterly, (Vol. 48; Issue 4), August 2018; pp. 496-517
- Regular contributor of case commentaries on European Court of Human Rights judgements to the European Human Rights Law Review. (2013-2016)
- Member of the Law Society of British Columbia
- Member of the Canadian Bar Association
- The Best Lawyers in Canada (2026)
- Benchmark Canada Litigation Future Star (2025)
- Benchmark Litigation, 40 & Under Litigator Canada (2025)
- Vice-Chancellor (Deputy Chief Legal Officer), Anglican Diocese of New Westminster
- Former Trustee, Christ Church Cathedral, Vancouver
- Admissions Interviewer, Princeton University
- Past Member of the Board of Directors, 127 Society for Housing