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Associate

Kevin Smith

Office

Vancouver

Key Practice Area

Advocacy & Litigation

Year of Call

2014

Qualifications

Education

Kevin has a broad litigation practice, and advises clients on a wide range of legal issues. His recent public law cases have involved constitutional, administrative, environmental, aboriginal and human rights law. He also acts in a range of corporate and commercial disputes, with recent cases including contract, fraudulent misrepresentation, shareholders remedies, trusts law, commercial leasing, construction, nuisance, and defamation matters. Recent pro bono work has included contributing to a new book on Children in Armed Conflict; advising a client on an issue relating to whether a country’s pensions policy breached applicable EU human rights law, and reviewing governance issues relating to Canon law.

Kevin is qualified as a solicitor in England and Wales, and prior to returning to Vancouver, practiced with Clifford Chance LLP in London, where alongside general commercial litigation work he developed a particular focus on public law matters, including human rights and civil liberties cases. While in England, Kevin acted as a member of the team which represented Citigroup in the bank’s successful defence against a £2 billion claim brought by Terra Firma in the English Commercial Court in relation to the sale of EMI, and on behalf of an international bank in a US$650 million claim concerning a complex Shari’ah-compliant financing issued in Bahrain in 2007 by a Saudi borrower.

  • Bliss. v Taylor 2018 BCSC 1581: Acted as lead counsel on behalf of two homeowners at trial in their successful claim against a builder.
  • Champion et al. v. Price (unreported): Successfully obtained an order for possession under the Commercial Tenancy Act for a commercial landlord against a tenant who refused to vacate a premises.
  • Acted for the head of a a public institution in relation to a high-profile workplace inquiry (with Sean Hern).
  • Ongoing: acting for two Estate Administrators, in an eight-figure intestacy involving nine lawsuits and ongoing claims by multiple beneficiaries (with Mike Wagner).
  • 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
  • Trustee, Christ Church Cathedral, Vancouver
  • Member, Board of Directors – 127 Society for Housing
  • Admissions Interviewer, Princeton University