Title: Commercial law

Profile

Kinji C. Bourchier

Partner

 

Kinji Bourchier

Firm: Lawson Lundell LLP
Address:Suite 1600 Cathedral Place
925 West Georgia Street
Vancouver, British Columbia V6C 3L2
Canada
Phone:604-631-9267
Fax:+1 604 669 1620
Email:Send an Email
Local Time:Thu. 12:06
Web site: Direct Page

Profile

Kinji has a general commercial and business litigation practice with a diverse mixture of practice areas and a broad range of experience. Kinji's primary practice areas include complex commercial and civil litigation with a focus on contractual disputes, environmental remediation claims, shareholder and transactional disputes, and business torts. He has successfully mediated and reached negotiated settlements on behalf of his clients in the areas of contract, environmental, tort and transactional-based litigation.

Kinji has extensive experience dealing with injunctive remedies in a wide range of contexts including disputes in the forestry and mining industry and also has a focused practice in the field of environmental remediation cost-recovery claims. He regularly appears as lead counsel in British Columbia Supreme Court, has appeared as lead counsel in the British Columbia Court of Appeal, and has appeared before the BC Securities Commission and Property Assessment Appeal Board. Kinji has also been involved in seeking leave to appeal to the Supreme Court of Canada and has appeared as lead counsel in the Alberta Court of Queen's Bench

 

Languages: English

 

Areas of Practice

 

  • Administrative Law
  • Commercial Litigation
  • Constitutional Law
  • Litigation
  • Product Liability
  • Public Law
  • Regulatory Compliance

 

Professional Career

 

Significant Accomplishments

Representative proceedings include:

* 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


Professional Associations

UBC Law Alumni Association Board Member
Reed Athletics Fund, Director
British Columbia Lawyer's Soccer Team, Captain and Organizer of Vancouver “Mundiavocat” Team (Lawyers’ International World Cup)

Bar Admission

British Columbia (2000)

 

Education


University of British Columbia (B.A., Hons., 1996; LL.B., 1999).